[Congressional Record Volume 152, Number 115 (Friday, September 15, 2006)]
[Senate]
[Pages S9662-S9663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       PROTOCOL AMENDING 1962 EXTRADITION CONVENTION WITH ISRAEL

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                   U.N. CONVENTION AGAINST CORRUPTION

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to consider the following treaties on today's Executive 
Calendar: Nos. 16 and 18. I further ask unanimous consent that the 
treaties be considered as having passed through their various 
parliamentary stages, up to and including the presentation of the 
resolutions of ratification; that any committee conditions, 
declarations, or reservations be agreed to as applicable; that any 
statements be printed in the Record as if read; and that the Senate 
take one vote on the resolutions of ratification to be considered as 
separate votes; further, that when the resolutions of ratification are 
voted upon, the motion to reconsider be laid upon the table, the 
President be notified of the Senate's action, and that following the 
disposition of the treaties, the Senate return to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Mr. President, I ask for a division vote on the 
resolutions of ratification.
  The PRESIDING OFFICER. A division is requested. All Senators in favor 
of the resolutions of ratification will stand and be counted.
  Those opposed will stand and be counted.
  On a division, two-thirds of the Senators present and voting having 
voted in the affirmative, the resolutions of ratification are agreed 
to.
  The resolutions of ratification are as follows:

[Treaty Doc. 109-3  Protocol Amending 1962 Extradition Convention With 
                                Israel]

       Resolved (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Protocol between the Government of the 
     United States of America and the Government of the State of 
     Israel Amending the Convention on Extradition of 1962, signed 
     at Jerusalem on July 6, 2005 (Treaty Doc. 109-3).

        [Treaty Doc. 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. 109-6), 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

[[Page S9663]]

     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 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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