[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[Senate]
[Page S11059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   TREATY WITH LIECHTENSTEIN ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL 
                                MATTERS

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to executive session to Executive Calendar No. 19, the treaty 
with Liechtenstein on mutual legal assistance in criminal matters; that 
treaty be advanced through its parliamentary stages, up to and 
including the presentation of the resolution of ratification; that the 
understanding and conditions be agreed to; and that the Senate now vote 
on the resolution of ratification.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Senators in favor of the resolution of ratification will rise and 
stand until counted. (After a pause.) Those opposed will rise and stand 
until counted.
  On a division, two-thirds of the Senators present and voting, having 
voted in the affirmative, the resolution of ratification is agreed to.
  The resolution of ratification and understanding and conditions are 
as follows:
       Resolved, (two-thirds of the Senators present concurring 
     therein),
       Section 1. Advice and Consent to Ratification of the Treaty 
     with Liechtenstein on Mutual Legal Assistance in Criminal 
     Matters, subject to an understanding and conditions.
       The Senate advises and consents to the ratification of the 
     Treaty Between the Government of the United States of America 
     and the Principality of Liechtenstein on Mutual Legal 
     Assistance in Criminal Matters, and a related exchange of 
     notes, signed at Vaduz on July 8, 2002 (Treaty Doc. 107-16; 
     in this resolution referred to as the ``Treaty''), subject to 
     the understanding in section 2 and the conditions in section 
     3.
       Section 2. Understanding.
       The advice and consent of the Senate under section 1 is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       Prohibition on Assistance to the International Criminal 
     Court.--The United States shall exercise its rights to limit 
     the use of assistance that it provides under the Treaty so 
     that any assistance provided by the Government of the United 
     States shall not be transferred to or otherwise used to 
     assist the International Criminal Court unless the treaty 
     establishing the Court has entered into force for the United 
     States by and with the advice of the Senate in accordance 
     with Article II, Section 2 of the United States Constitution, 
     or unless the President has waived any applicable prohibition 
     on provision of such assistance in accordance with applicable 
     United States law.
       Section 3. Conditions.
       The advice and consent of the Senate under section 1 is 
     subject to the following conditions:
       (1) Limitation on assistance.--Pursuant to the right of the 
     United States under the Treaty to deny legal assistance that 
     would prejudice the essential public policy or interests of 
     the United States, the United States shall deny any request 
     for such assistance if the Central Authority of the United 
     States (as designated in Article 2(2) of the Treaty), after 
     consultation with all appropriate intelligence, anti-
     narcotic, and foreign policy agencies, has specific 
     information that a senior Government official of the 
     requesting party who will have access to information to be 
     provided as part of such assistance is engaged in a felony, 
     including the facilitation of the production or distribution 
     of illegal drugs.
       (2) Supremacy of the constitution.--Nothing in the Treaty 
     requires or authorizes legislation or other action by the 
     United States that is prohibited by the Constutition of the 
     United States as interpreted by the United States.

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