[Congressional Record Volume 152, Number 107 (Tuesday, September 5, 2006)]
[Senate]
[Pages S8971-S8972]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       EXECUTIVE REPORTS OF COMMITTEE RECEIVED DURING ADJOURNMENT

  Under the authority of the order of the Senate of July 27, 2006, the 
following executive reports of committee were submitted on August 30, 
2006:

       By Mr. LUGAR, from the Committee on Foreign Relations:

[Treaty Doc. 109-9  Investment Treaty with Uruguay (Ex. Rept. 109-17); 
 and Treaty Doc. 109-6  U.N. Convention Against Corruption (Ex. Rept. 
                                109-18)]

       The text of the committee-recommended resolutions of advice 
     and consent to ratification are as follows:

                [109-9  Investment Treaty with Uruguay]

       Resolved (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Treaty between the United States of 
     America and the Oriental Republic of Uruguay Concerning the 
     Encouragement and Reciprocal Protection of Investment, with 
     Annexes and Protocol, signed at Mar del Plata on November 4, 
     2005 (Treaty Doc. 109-9).

              [109-6  U.N. Convention Against Corruption]

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to 
     reservations and declarations.
       The Senate advises and consents to the ratification of the 
     United Nations Convention Against Corruption (hereinafter in 
     this resolution referred to as the ``Convention''), adopted 
     by the United Nations General Assembly on October 31, 2003, 
     and signed by the United States on December 9, 2003, at 
     Merida, Mexico (T. Doc. 109096), subject to the reservations 
     in section 2 and the declarations in section 3.
       Section 2. Reservations.
       The advice and consent of the Senate under section 1 is 
     subject to the following reservations, which shall be 
     included in the United States instrument of ratification:
       (1) The United States of America reserves the right to 
     assume obligations under the Convention in a manner 
     consistent with its fundamental principles of federalism, 
     pursuant to which both federal and state criminal laws must 
     be considered in relation to the conduct addressed in the 
     Convention. U.S. federal criminal law, which regulates 
     conduct based on its effect on interstate or foreign 
     commerce, or another federal interest, serves as an important 
     component of the legal regime within the United States for 
     combating corruption and is broadly effective for this 
     purpose. Federal criminal law does not apply where such 
     criminal conduct does not so involve interstate or foreign 
     commerce, or another federal interest. There are conceivable 
     situations involving offenses of a purely local character 
     where U.S. federal and state criminal law may not be entirely 
     adequate to satisfy an obligation under the Convention. 
     Similarly, in the U.S. system, the states are responsible for 
     preventive measures governing their own officials. While the 
     states generally regulate their own affairs in a manner 
     consistent with the obligations set forth in the chapter on 
     preventive measures in the Convention, in some cases they may 
     do so in a different manner. Accordingly, there may be 
     situations where state and federal law will not be entirely 
     adequate to satisfy an obligation in Chapters II and III of 
     the Convention. The United States of America therefore 
     reserves to the obligations set forth in the Convention to 
     the extent they (1) address conduct that would fall within 
     this narrow category of highly localized activity or (2) 
     involve preventive measures not covered by federal law 
     governing state and local officials. This reservation does 
     not affect in any respect the ability of the United States to 
     provide international cooperation to other States Parties in 
     accordance with the provisions of the Convention.
       (2) The United States of America reserves the right not to 
     apply in part the obligation set forth in Article 42, 
     paragraph 1(b) with respect to the offenses established in 
     accordance with the Convention. The United States does not 
     provide for plenary jurisdiction over offenses that are 
     committed on board ships flying its flag or aircraft 
     registered under its laws. However, in many circumstances, 
     U.S. law provides for jurisdiction over such offenses 
     committed on board U.S.-flagged ships or aircraft registered 
     under U.S. law. Accordingly, the United States shall 
     implement paragraph 1(b) to the extent provided for under its 
     federal law.
       Section 3. Declarations.
       (a) The advice and consent of the Senate under section 1 is 
     subject to the following

[[Page S8972]]

     declaration: The United States of America declares that, in 
     view of its reservations, current United States law, 
     including the laws of the States of United States, fulfills 
     the obligations of the Convention for the United States. 
     Accordingly, the United States of America does not intend to 
     enact new legislation to fulfill its obligations under the 
     Convention.
       (b) The advice and consent of the Senate under section 1 is 
     subject to the following declarations, which shall be 
     included in the United States instrument of ratification:
       (1) In accordance with Article 66, paragraph 3, the United 
     States of America declares that it does not consider itself 
     bound by the obligation set forth in Article 66, paragraph 2.
       (2) The United States declares that the provisions of the 
     Convention (with the exception of Articles 44 and 46) are 
     non-self-executing. None of the provisions of the Convention 
     creates a private right of action.

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