[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Senate]
[Pages S10766-S10767]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                TREATIES

  Mr. FRIST. Mr. President, I ask unanimous consent that in executive 
session, the Senate consider the following treaties on today's 
Executive Calendar: Nos. 19 and 20.
  I further ask that the treaties be considered as having passed 
through the 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 Congressional 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. Is there objection? Without objection, it is 
so ordered. The treaties will be considered to have passed through 
their various parliamentary stages up to and including the presentation 
of the resolution of ratification, which the clerk will state.
  The legislative clerk read as follows:

       Protocal additional to the Geneva Conventions of 12 August 
     1949, and relating to the adoption of an additional 
     Distinctive Emblem (Treaty Document 109-10(A))
       Extradition Treaty with United Kingdom (Treaty Document 
     108-23)

  Mr. FRIST. Mr. President, I ask for a division on the resolutions of 
ratification.
  The PRESIDING OFFICER. A division has been requested.
  Senators in favor of the ratification of these treaties, please rise.
  Those opposed will rise and stand until counted.
  With two-thirds of the Senators present having voted in the 
affirmative, the resolutions of ratification are agreed to.
  The resolutions of ratification are as follows:

 Protocol Additional to the Geneva Conventions of 12 August 1949, and 
 Relating to the Adoption of an Additional Distinctive Emblem (Treaty 
                            Doc. 109-10(A))

       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advises

[[Page S10767]]

     and consents to the ratification of the Protocol Additional 
     to the Geneva Conventions of 12 August 1949, and relating to 
     the Adoption of an Additional Distinctive Emblem, adopted at 
     Geneva on December 8, 2005, and signed by the United States 
     on that date (Treaty Doc. 109-10A).

      Extradition Treaty With United Kingdom (Treaty Doc. 108-23)

       Resolved (two-thirds of the Senators present concurring 
     therein), 
       Section 1. Senate Advice and Consent Subject to 
     Understanding, Declarations, and Provisos
       The Senate advises and consents to the ratification of the 
     Extradition Treaty between the United States of America and 
     the United Kingdom of Great Britain and Northern Ireland, and 
     related exchanges of letters, signed at Washington on March 
     31, 2003 (hereinafter in this resolution referred to as the 
     ``Treaty'') (Treaty Doc. 108-23), subject to the 
     understanding in section 2, the declarations in section 3, 
     and the provisos in section 4.
       Section 2. Understanding
       The advice and consent of the Senate under section 1 is 
     subject to the following understanding:
       Under United States law, a United States judge makes a 
     certification of extraditability of a fugitive to the 
     Secretary of State. In the process of making such 
     certification, a United States judge also makes 
     determinations regarding the application of the political 
     offense exception. Accordingly, the United States of America 
     understands that the statement in paragraphs 3 and 4 of 
     Article 4 that ``in the United States, the executive branch 
     is the competent authority for the purposes of this Article'' 
     applies only to those specific paragraphs of Article 4, and 
     does not alter or affect the role of the United States 
     judiciary in making certifications of extraditability or 
     determinations of the application of the political offense 
     exception.
       Section 3. Declarations
       The advice and consent of the Senate under section 1 is 
     subject to the following declarations:
       (1) Nothing in the Treaty requires or authorizes 
     legislation or other action by the United States of America 
     that is prohibited by the Constitution of the United States.
       (2) The Treaty shall be implemented by the United States in 
     accordance with the Constitution of the United States and 
     relevant federal law, including the requirement of a judicial 
     determination of extraditability that is set forth in Title 
     18 of the United States Code.
       Section 4. Provisos
       The advice and consent of the Senate under section 1 is 
     subject to the following provisos:
       (1)(A) The Senate is aware that concerns have been 
     expressed that the purpose of the Treaty is to seek the 
     extradition of individuals involved in offenses relating to 
     the conflict in Northern Ireland prior to the Belfast 
     Agreement of April 10, 1998. The Senate understands that the 
     purpose of the Treaty is to strengthen law enforcement 
     cooperation between the United States and the United Kingdom 
     by modernizing the extradition process for all serious 
     offenses and that the Treaty is not intended to reopen issues 
     addressed in the Belfast Agreement, or to impede any further 
     efforts to resolve the conflict in Northern Ireland.
       (B) Accordingly, the Senate notes with approval--
       (i) the statement of the United Kingdom Secretary of State 
     for Northern Ireland, made on September 29, 2000, that the 
     United Kingdom does not intend to seek the extradition of 
     individuals who appear to qualify for early release under the 
     Belfast Agreement;
       (ii) the letter from the United Kingdom Home Secretary to 
     the United States Attorney General in March 2006, emphasizing 
     that the ``new treaty does not change this position in any 
     way,'' and making clear that the United Kingdom ``want[s] to 
     address the anomalous position of those suspected but not yet 
     convicted of terrorism-related offences committed before the 
     Belfast Agreement''; and
       (iii) that these policies were reconfirmed in an exchange 
     of letters between the United Kingdom Secretary of State for 
     Northern Ireland and the United States Attorney General in 
     September 2006.
       (2) The Senate notes that, as in other recent United States 
     extradition treaties, the Treaty does not address the 
     situation where the fugitive is sought for trial on an 
     offense for which he had previously been acquitted in the 
     Requesting State. The Senate further notes that a United 
     Kingdom domestic law may allow for the retrial in the United 
     Kingdom, in certain limited circumstances, of an individual 
     who has previously been tried and acquitted in that country. 
     In this regard, the Senate understands that under U.S. law 
     and practice a person sought for extradition can present a 
     claim to the Secretary of State that an aspect of foreign law 
     that may permit retrial may result in an unfairness that the 
     Secretary could conclude warrants denial of the extradition 
     request. The Senate urges the Secretary of State to review 
     carefully any such claims made involving a request for 
     extradition that implicates this provision of United Kingdom 
     domestic law.
       (3) Not later than one year after entry into force of the 
     Treaty, and annually thereafter for a period of four 
     additional years, the Secretary of State shall submit to the 
     Committee on Foreign Relations of the Senate a report setting 
     forth the following information with respect to the 
     implementation of the Treaty in the previous twelve months:
       (A) the number of persons arrested in the United States 
     pursuant to requests from the United Kingdom under the 
     Treaty, including the number of persons subject to 
     provisional arrest; and a summary description of the alleged 
     conduct for which the United Kingdom is seeking extradition;
       (B) the number of extradition requests granted; and the 
     number of extradition requests denied, including whether the 
     request was denied as a result of a judicial decision or a 
     decision of the Secretary of State;
       (C) the number of instances the person sought for 
     extradition made a claim to the Secretary of State of 
     political motivation, unjustifiable delay, or retrial after 
     acquittal and whether such extradition requests were denied 
     or granted; and
       (D) the number of instances the Secretary granted a request 
     under Article 18(1)(c).

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