[Congressional Record Volume 150, Number 131 (Tuesday, November 16, 2004)]
[Senate]
[Page S11391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NO. 108-27

  Mr. FRIST. Mr. President, as in executive session, I ask unanimous 
consent that the injunction of secrecy be removed from the following 
treaty transmitted to the Senate November 16, 2004, by the President of 
the United States: Mutual Legal Assistance Treaty with Germany, Treaty 
Document No. 108-27. I further ask that the treaty be considered as 
having been read the first time; that it be referred, with accompanying 
papers, to the Committee on Foreign Relations and ordered to be 
printed; and that the President's message be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The message of the President is as follows:

   [Mutual Legal Assistance Treaty with Germany  Treaty Doc. 108-27]

     To the Senate of the United States:
       With a view to receiving the advice and consent of the 
     Senate to ratification, I transmit herewith the Treaty 
     Between the United States of America and the Federal Republic 
     of Germany on Mutual Legal Assistance in Criminal Matters, 
     signed at Washington on October 14, 2003, and a related 
     exchange of notes. I transmit also, for the information of 
     the Senate, the report of the Department of State with 
     respect to the Treaty.
       The Treaty is one of a series of modern mutual legal 
     assistance treaties being negotiated by the United States in 
     order to counter criminal activities more effectively. The 
     Treaty should be an effective tool to assist in the 
     prosecution of a wide variety of crimes. The Treaty is self-
     executing.
       The Treaty provides for a broad range of cooperation in 
     criminal matters. Mutual assistance available under the 
     Treaty includes: taking the testimony or statements of 
     persons; providing documents, records, and articles of 
     evidence; locating or identifying persons; serving documents; 
     transferring persons in custody for testimony or other 
     purposes; executing requests for searches and seizures; 
     undertaking telecommunications surveillance, undercover 
     investigations, and controlled deliveries; assisting in 
     proceedings related to immobilization and forfeiture of 
     assets, restitution to the victims of crime and collection of 
     fines; and any other form of assistance not prohibited by the 
     laws of the State from whom the assistance is requested.
       I recommend that the Senate give early and favorable 
     consideration to the Treaty, and give its advice and consent 
     to ratification.
                                                 George W. Bush.  

     The White House, September 13, 2004.

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