[Congressional Record Volume 154, Number 151 (Tuesday, September 23, 2008)]
[Senate]
[Pages S9328-S9333]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


       MUTUAL LEGAL ASSISTANCE AGREEMENT WITH THE EUROPEAN UNION

  Mr. MENENDEZ. I ask unanimous consent that the Senate proceed to 
executive session to consider the following treaties on the Executive 
Calendar: Calendar Nos. 12 to 23, 27, 28, 29, 32, and 33, and that the 
treaties be considered as having advanced through the various 
parliamentary stages up to and including the presentation of the 
resolutions of ratification; that any committee understandings, 
declarations, or conditions 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 on, the motions to reconsider be considered made and laid on the 
table, the President be immediately notified of the Senate's action, 
and the Senate resume legislative session with no other motions in 
order, all without interviewing action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The treaties and protocol will be considered to have passed through 
their various parliamentary stages, up to and including the 
presentation of the resolutions of ratification.
  Mr. MENENDEZ. I ask for a division vote on the resolutions of 
ratification.
  The PRESIDING OFFICER. A division vote has been requested.
  Senators in favor of the resolutions of ratification of these 
treaties will rise and stand until counted.
  Those opposed will rise and stand until counted.
  On a division, two-thirds of the Senators present having voted in the 
affirmative, the resolutions of ratification are agreed to.
  The resolutions of ratification agreed to are as follows:

 Agreement on Extradition Between the United States of America and the 
                             European Union

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration and a condition.
       The Senate advises and consents to the ratification of the 
     Agreement on Extradition between the United States of America 
     and the European Union, signed at Washington on June 25, 
     2003, with a related Explanatory Note (Treaty Doc. 109-14), 
     subject to the declaration of section 2 and the condition of 
     section 3.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.
       Section 3. Condition.
       The advice and consent of the Senate under section 1 is 
     subject to the following condition:
       Report on Provisional Arrests. No later than February 1, 
     2010, and every February 1 for an additional four years 
     thereafter, the Attorney General, in coordination with the 
     Secretary of State, shall prepare and submit a report to the 
     Committee on Foreign Relations and the Committee on the 
     Judiciary of the Senate that contains the following 
     information:
       (1) The number of provisional arrests made by the United 
     States during the previous calendar year under each bilateral 
     extradition treaty with a Member State of the European Union, 
     and a summary description of the alleged conduct for which 
     provisional arrest was sought;
       (2) The number of individuals who were provisionally 
     arrested by the United States under each such treaty who were 
     still in custody at the end of the previous calendar year, 
     and a summary description of the alleged conduct for which 
     provisional arrest was sought;
       (3) The length of time between each provisional arrest 
     listed under paragraph (1) and the receipt by the United 
     States of a formal request for extradition; and
       (4) The length of time that each individual listed under 
     paragraph (1) was held by the United States or an indication 
     that they are still in custody if that is the case.

Protocol to the Extradition Treaty Between the United States of America 
                      and the Republic of Austria

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Protocol to the Extradition Treaty between the Government of 
     the United States of America and the Government of the 
     Republic of Austria signed January 8, 1998, as contemplated 
     by Article 3 (2) of the Agreement on Extradition between the 
     United States of America and the European Union signed June 
     25, 2003, signed at Vienna on July 20, 2005 (Treaty Doc. 109-
     14), subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Instrument Between the United States of America and the 
                           Kingdom of Belgium

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument as contemplated by Article 3 (2) of the Agreement 
     on Extradition between the United States of America and the 
     European Union signed June 25, 2003, as to the application of 
     the Extradition Treaty between the United States of America 
     and the Kingdom of Belgium signed April 27, 1987, signed at 
     Brussels on December 16, 2004 (Treaty Doc. 109-14), subject 
     to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Instrument Between the United States of America and the 
                           Republic of Cyprus

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument as contemplated by Article 3 (2) of the Agreement 
     on Extradition between the United States of America and the 
     European Union signed June 25, 2003, as to the application of 
     the Extradition Treaty between the Government of the United 
     States of America and the Government of the Republic of 
     Cyprus signed June 17, 1996, signed at Nicosia on January 20, 
     2006 (Treaty Doc. 109-14), subject to the declaration of 
     section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

Second Supplementary Treaty on Extradition Between the United States of 
                     America and the Czech Republic

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Second Supplementary Treaty on Extradition between the United 
     States of America and the Czech Republic, signed at Prague on 
     May 16, 2006 (Treaty Doc. 109-14), subject to the declaration 
     of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Instrument Between the United States of America and the 
                           Kingdom of Denmark

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument as contemplated by Article 3 (2) of the Agreement 
     on Extradition between the United States of America and the 
     European Union signed June 25, 2003, as to the application of 
     the Treaty on Extradition between the United States of 
     America and the Kingdom of Denmark signed June 22, 1972, 
     signed at Copenhagen on June 23, 2005 (Treaty Doc. 109-14), 
     subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

Protocol to the Extradition Treaty Between the United States of America 
                      and the Republic of Finland 

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Protocol to the Extradition Treaty between the United States 
     of America and Finland signed June 11, 1976, signed at 
     Brussels on December 16, 2004 (Treaty Doc. 109-14), subject 
     to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

 Extradition Instrument Between the United States of America and France

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument as contemplated by Article 3, paragraph 2, of the 
     Agreement on Extradition between the United States of America 
     and the European Union signed June 25, 2003, as to the 
     application of the Extradition Treaty between the

[[Page S9330]]

     United States of America and France signed April 23, 1996, 
     signed at The Hague on September 30, 2004 (Treaty Doc. 109-
     14), subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

Second Supplementary Treaty on Extradition Between the United States of 
              America and the Federal Republic of Germany

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Second Supplementary Treaty to the Treaty between the United 
     States of America and the Federal Republic of Germany 
     Concerning Extradition, signed at Washington on April 18, 
     2006 (Treaty Doc. 109-14), subject to the declaration of 
     section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Protocol to the Treaty on Extradition Between the United States of 
                   America and the Hellenic Republic 

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Protocol to the Treaty on Extradition between the United 
     States of America and the Hellenic Republic, signed May 6, 
     1931, and the Protocol thereto signed September 2, 1937, as 
     contemplated by Article 3 (2) of the Agreement on Extradition 
     between the United States of America and the European Union, 
     signed June 25, 2003, signed at Washington on January 18, 
     2006 (Treaty Doc. 109-14), subject to the declaration of 
     section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Protocol to the Treaty on Extradition Between the United States of 
                  America and the Republic of Hungary

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Protocol to the Treaty between the Government of the United 
     States of America and the Government of the Republic of 
     Hungary on Extradition signed December 1, 1994, as 
     contemplated by Article 3 (2) of the Agreement on Extradition 
     between the United States of America and the European Union, 
     signed June 25, 2003, signed at Budapest on November 15, 2005 
     (Treaty Doc. 109-14), subject to the declaration of section 
     2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

Extradition Instrument Between the United States of America and Ireland

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument as contemplated by Article 3 (2) of the Agreement 
     on Extradition between the United States of America and the 
     European Union signed June 25, 2003, as to the application of 
     the Treaty on Extradition between the United States of 
     America and Ireland signed July 13, 1983, signed at Dublin on 
     July 14, 2005 (Treaty Doc. 109-14), subject to the 
     declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Instrument Between the United States of America and the 
                            Italian Republic

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument as contemplated by Article 3 (2) of the Agreement 
     on Extradition between the United States of America and the 
     European Union signed June 25, 2003, as to the application of 
     the Extradition Treaty between the Government of the United 
     States of America and the Government of the Italian Republic 
     signed October 13, 1983, signed at Rome on May 3, 2006 
     (Treaty Doc. 109-14), subject to the declaration of section 
     2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

Protocol to the Extradition Treaty Between the United States of America 
                     and the Republic of Lithuania

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Protocol on the application of the Agreement on Extradition 
     between the United States of America and the European Union 
     to the Extradition Treaty between the Government of the 
     United States of America and the Government of the Republic 
     of Lithuania, signed at Brussels on June 15, 2005 (Treaty 
     Doc. 109-14), subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Instrument Between the United States of America and the 
                       Grand Duchy of Luxembourg

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument as contemplated by Article 3, paragraph 2 (a) of 
     the Agreement on Extradition between the United States of 
     America and the European Union signed June 25, 2003, as to 
     the application of the Extradition Treaty between the 
     Government of the United States of America and the Government 
     of the Grand Duchy of Luxembourg signed October 1, 1996, 
     signed at Washington on February 1, 2005 (Treaty Doc. 109-
     14), subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Agreement Between the United States of America and the 
                       Kingdom of the Netherlands

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Agreement comprising the Instrument as contemplated by 
     Article 3 (2) of the Agreement on Extradition between the 
     United States of America and the European Union signed at 
     Washington on June 25, 2003, as to the application of the 
     Extradition Treaty between the United States of America and 
     the Kingdom of the Netherlands signed at The Hague on June 
     24, 1980, signed at The Hague on September 29, 2004, with a 
     related exchange of notes signed the same date (Treaty Doc. 
     109-14), subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Agreement Between the United States of America and the 
                           Republic of Poland

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Agreement between the United States of America and the 
     Republic of Poland on the application of the Extradition 
     Treaty between the United States of America and the Republic 
     of Poland signed July 10, 1996, pursuant to Article 3 (2) of 
     the Agreement on Extradition between the United States of 
     America and the European Union signed at Washington June 25, 
     2003, signed at Warsaw on June 9, 2006 (Treaty Doc. 109-14), 
     subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Instrument Between the United States of America and the 
                          Portuguese Republic

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument between the United States of America and the 
     Portuguese Republic as contemplated by Article 3 (2) of the 
     Agreement on Extradition between the United States of America 
     and the European Union signed June 25, 2003, signed at 
     Washington on July 14, 2005 (Treaty Doc. 109-14), subject to 
     the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Instrument Between the United States of America and the 
                            Slovak Republic

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument on Extradition between the United States of 
     America and the Slovak Republic, as contemplated by Article 3 
     (2) of the Agreement on Extradition between the United States 
     of America and

[[Page S9331]]

     the European Union signed June 25, 2003, signed at Bratislava 
     on February 6, 2006 (Treaty Doc. 109-14), subject to the 
     declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Agreement Between the United States of America and the 
                          Republic of Slovenia

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Agreement between the Government of the United States of 
     America and the Government of the Republic of Slovenia 
     comprising the Instrument as contemplated by Article 3 (2) of 
     the Agreement on Extradition between the United States of 
     America and the European Union signed June 25, 2003, as to 
     the Application of the Treaty on Extradition between the 
     United States and the Kingdom of Serbia, signed October 25, 
     1901, signed at Ljubljana on October 17, 2005 (Treaty Doc. 
     109-14), subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Instrument Between the United States of America and the 
                            Kingdom of Spain

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument as contemplated by Article 3 (2) of the Agreement 
     on Extradition between the United States of America and the 
     European Union signed June 25, 2003, as to the application of 
     the Treaty on Extradition between the United States of 
     America and Spain signed May 29, 1970, and the Supplementary 
     Treaties on Extradition signed January 25, 1975, February 9, 
     1988, and March 12, 1996, signed at Madrid on December 17, 
     2004 (Treaty Doc. 109-14), subject to the declaration of 
     section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

Extradition Instrument Between the United States of America and Kingdom 
                               of Sweden

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument as contemplated by Article 3 (2) of the Agreement 
     on Extradition between the United States of America and the 
     European Union signed June 25, 2003, as to the application of 
     the Convention on Extradition between the United States of 
     America and Sweden signed October 24, 1961, and the 
     Supplementary Convention on Extradition between the United 
     States of America and the Kingdom of Sweden signed March 14, 
     1983, signed at Brussels on December 16, 2004 (Treaty Doc. 
     109-14), subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Instrument Between the United States of America and the 
          United Kingdom of Great Britain and Northern Ireland

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Instrument as contemplated by Article 3 (2) of the Agreement 
     on Extradition between the United States of America and the 
     European Union signed June 25, 2003, as to the application of 
     the Extradition Treaty between the Government of the United 
     States and the Government of the United Kingdom of Great 
     Britain and Northern Ireland signed March 31, 2003, signed at 
     London on December 16, 2004, with a related exchange of notes 
     signed the same date (Treaty Doc. 109-14), subject to the 
     declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

    Extradition Treaty Between the United States of America and the 
                           Republic of Latvia

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Extradition Treaty between the Government of the United 
     States of America and the Government of the Republic of 
     Latvia, signed at Riga on December 7, 2005 (Treaty Doc. 109-
     15), subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

   Extradition Treaty Between The United States of America and Malta

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Extradition Treaty between the Government of the United 
     States of America and the Government of Malta, signed at 
     Valletta on May 18, 2006, with a related exchange of letters 
     signed the same date (Treaty Doc. 109-17), subject to the 
     declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

    Extradition Treaty Between the United States of America and the 
                          Republic of Estonia

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Extradition Treaty between the Government of the United 
     States of America and the Government of the Republic of 
     Estonia, signed at Tallinn on February 8, 2006 (Treaty Doc. 
     109-16), subject to the declaration of section 2.
       ``Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

    Extradition Treaty Between the United States of America and the 
                          Republic of Bulgaria

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Extradition Treaty between the Government of the United 
     States of America and the Government of the Republic of 
     Bulgaria, signed at Sofia on September 19, 2007 (Treaty Doc. 
     110-12), subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Agreement on Certain Aspects of Mutual Legal Assistance in Criminal 
   Matters Between the United States of America and the Republic of 
                                Bulgaria

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Agreement on Certain Aspects of Mutual Legal Assistance in 
     Criminal Matters between the Government of the United States 
     of America and the Government of the Republic of Bulgaria, 
     signed at Sofia on September 19, 2007 (Treaty Doc. 110-12), 
     subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

  Extradition Treaty Between the United States of America and Romania

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Extradition Treaty between the United States of America and 
     Romania, signed at Bucharest on September 10, 2007 (Treaty 
     Doc. 110-11), subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

 Protocol to the Treaty on Mutual Legal Assistance Between the United 
                     States of America and Romania

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Protocol to the Treaty between the United States of America 
     and Romania on Mutual Legal Assistance in Criminal Matters 
     signed in Washington on May 26, 1999, signed at Bucharest on 
     September 10, 2007 (Treaty Doc. 110-11), subject to the 
     declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

            Treaty With Malaysia on Mutual Legal Assistance

       Resolution of Advice and Consent to ratification.
       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Treaty between the United States of America and Malaysia on 
     Mutual Legal Assistance in Criminal Matters, signed at Kuala 
     Lumpur on July 28, 2006 (Treaty Doc. 109-22), subject to the 
     declaration of section 2.

[[Page S9332]]

       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is self-executing.

           Protocol Amending 1980 Tax Convention With Canada

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration and a condition.
       The Senate advises and consents to the ratification of the 
     Protocol Amending the Convention between the United States of 
     America and Canada with Respect to Taxes on Income and on 
     Capital done at Washington on September 26, 1980, as amended 
     by the Protocols done on June 14, 1983, March 28, 1984, March 
     17, 1995, and July 29, 1997, signed on September 21, 2007, at 
     Chelsea (the ``Protocol'') (Treaty Doc. 110-15), subject to 
     the declaration of section 2 and the condition of section 3.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Convention is self-executing.
       Section 3. Condition.
       The advice and consent of the Senate under section 1 is 
     subject to the following condition:
       Report.
       1. Not later than two years from the date on which this 
     Protocol enters into force and prior to the first arbitration 
     conducted pursuant to the binding arbitration mechanism 
     provided for in this Protocol, the Secretary of Treasury 
     shall transmit the text of the rules of procedure applicable 
     to arbitration boards, including conflict of interest rules 
     to be applied to members of the arbitration board, to the 
     committees on Finance and Foreign Relations of the Senate and 
     the Joint Committee on Taxation.
       The Secretary of Treasury shall also, prior to the first 
     arbitration conducted pursuant to the binding arbitration 
     mechanism provided for in the 2006 Protocol Amending the 
     Convention between the United States of America and the 
     Federal Republic of Germany for the Avoidance of Double 
     Taxation and the Prevention of Fiscal Evasion with Respect to 
     Taxes on Income and Capital and to Certain Other Taxes (the 
     ``2006 German Protocol'') (Treaty Doc. 109-20) and the 
     Convention between the Government of the United States of 
     America and the Government of the Kingdom of Belgium for the 
     Avoidance of Double Taxation and the Prevention of Fiscal 
     Evasion with Respect to Taxes on Income, and accompanying 
     protocol (the ``Belgium Convention'') (Treaty Doc. 110-3), 
     transmit the text of the rules of procedure applicable to the 
     first arbitration board agreed to under each treaty to the 
     committees on Finance and Foreign Relations of the Senate and 
     the Joint Committee on Taxation.
       2. 60 days after a determination has been reached by an 
     arbitration board in the tenth arbitration proceeding 
     conducted pursuant to either this Protocol, the 2006 German 
     Protocol, or the Belgium Convention, the Secretary of 
     Treasury shall prepare and submit a detailed report to the 
     Joint Committee on Taxation and the Committee on Finance of 
     the Senate, subject to law relating to taxpayer 
     confidentiality, regarding the operation and application of 
     the arbitration mechanism contained in the aforementioned 
     treaties. The report shall include the following information:
       I. The aggregate number, for each treaty, of cases pending 
     on the respective dates of entry into force of this Protocol, 
     the 2006 German Protocol, or the Belgium Convention, along 
     with the following additional information regarding these 
     cases:
       a. The number of such cases by treaty article(s) at issue;
       b. The number of such cases that have been resolved by the 
     competent authorities through a mutual agreement as of the 
     date of the report; and
       c. The number of such cases for which arbitration 
     proceedings have commenced as of the date of the report.
       II. A list of every case presented to the competent 
     authorities after the entry into force of this Protocol, the 
     2006 German Protocol, or the Belgium Convention, with the 
     following information regarding each and every case:
       a. The commencement date of the case for purposes of 
     determining when arbitration is available;
       b. Whether the adjustment triggering the case, if any, was 
     made by the United States or the relevant treaty partner and 
     which competent authority initiated the case;
       c. Which treaty the case relates to;
       d. The treaty article(s) at issue in the case;
       e. The date the case was resolved by the competent 
     authorities through a mutual agreement, if so resolved;
       f. The date on which an arbitration proceeding commenced, 
     if an arbitration proceeding commenced; and
       g. The date on which a determination was reached by the 
     arbitration board, if a determination was reached, and an 
     indication as to whether the board found in favor of the 
     United States or the relevant treaty partner.
       III. With respect to each dispute submitted to arbitration 
     and for which a determination was reached by the arbitration 
     board pursuant to this Protocol, the 2006 German Protocol, or 
     the Belgium Convention, the following information shall be 
     included:
       a. An indication as to whether the determination of the 
     arbitration board was accepted by each concerned person;
       b. The amount of income, expense, or taxation at issue in 
     the case as determined by reference to the filings that were 
     sufficient to set the commencement date of the case for 
     purposes of determining when arbitration is available; and
       c. The proposed resolutions (income, expense, or taxation) 
     submitted by each competent authority to the arbitration 
     board.
       3. The Secretary of Treasury shall, in addition, prepare 
     and submit the detailed report described in paragraph (2) on 
     March 1 of the year following the year in which the first 
     report is submitted to the Joint Committee on Taxation and 
     the Committee on Finance of the Senate, and on an annual 
     basis thereafter for a period of five years. In each such 
     report, disputes that were resolved, either by a mutual 
     agreement between the relevant competent authorities or by a 
     determination of an arbitration board, and noted as such in 
     prior reports may be omitted.

  Tax Convention and Protocol With Bulgaria With Proposed Protocol of 
                               Amendment

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Convention between the Government of the United States of 
     America and the Government of the Republic of Bulgaria for 
     the Avoidance of Double Taxation and the Prevention of Fiscal 
     Evasion with Respect to Taxes on Income, with accompanying 
     Protocol, signed at Washington on February 23, 2007, as well 
     as the Protocol Amending the Convention between the 
     Government of the United States of America and the Government 
     of the Republic of Bulgaria for the Avoidance of Double 
     Taxation and the Prevention of Fiscal Evasion with Respect to 
     Taxes on Income, signed at Sofia on February 26, 2008 (Treaty 
     Doc. 110-18), subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Convention is self-executing.

                      Tax Convention With Iceland

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     declaration.
       The Senate advises and consents to the ratification of the 
     Convention between the Government of the United States of 
     America and the Government of Iceland for the Avoidance of 
     Double Taxation and the Prevention of Fiscal Evasion with 
     Respect to Taxes on Income, and accompanying Protocol, signed 
     at Washington on October 23, 2007 (Treaty Doc. 110-17), 
     subject to the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Convention is self-executing.

             1992 Partial Revision of the Radio Regulations

       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 
     1992 Partial Revision of the Radio Regulations (Geneva, 
     1979), with appendices, signed by the United States at 
     Malaga-Torremolinos on March 3, 1992, as contained in the 
     Final Acts of the World Administrative Radio Conference for 
     Dealing with Frequency Allocations in Certain Parts of the 
     Spectrum (WARC-92) (the ``1992 Final Acts'') (Treaty Doc. 
     107-17), subject to declarations and reservations Nos. 67, 
     79, and 80 of the 1992 Final Acts and the declaration of 
     section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is not self-executing.

                 1995 Revision of the Radio Regulations

       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 
     1995 Revision of the Radio Regulations, with appendices, 
     signed by the United States at Geneva on November 17, 1995, 
     as contained in the Final Acts of the World 
     Radiocommunication Conference (WRC-95) (the ``1995 Final 
     Acts'') (Treaty Doc. 108-28), subject to declarations and 
     reservations Nos. 67(3), 68, 78, and 82 of the 1995 Final 
     Acts and the declaration of section 2.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Treaty is not self-executing.

           CCW Protocol on Incendiary Weapons (Protocol III)

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     reservation, an understanding, and a declaration.
       The Senate advises and consents to the ratification of the 
     Protocol on Prohibitions or Restrictions on the Use of 
     Incendiary Weapons to the Convention on Prohibitions or 
     Restrictions on the Use of Certain Conventional Weapons Which 
     May be Deemed to

[[Page S9333]]

     be Excessively Injurious or to Have Indiscriminate Effects 
     (Protocol III), adopted at Geneva on October 10, 1980 (Treaty 
     Doc. 105-1(B)), subject to the reservation of section 2, the 
     understanding of section 3, and the declaration of section 4.
       Section 2. Reservation.
       The advice and consent of the Senate under section 1 is 
     subject to the following reservation, which shall be included 
     in the instrument of ratification:
       The United States of America, with reference to Article 2, 
     paragraphs 2 and 3, reserves the right to use incendiary 
     weapons against military objectives located in concentrations 
     of civilians where it is judged that such use would cause 
     fewer casualties and/or less collateral damage than 
     alternative weapons, but in so doing will take all feasible 
     precautions with a view to limiting the incendiary effects to 
     the military objective and to avoiding, and in any event to 
     minimizing, incidental loss of civilian life, injury to 
     civilians and damage to civilian objects.
       Section 3. 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:
       It is the understanding of the United States of America 
     that any decision by any military commander, military 
     personnel, or any other person responsible for planning, 
     authorizing or executing military action shall only be judged 
     on the basis of that person's assessment of the information 
     reasonably available to the person at the time the person 
     planned, authorized, or executed the action under review, and 
     shall not be judged on the basis of information that comes to 
     light after the action under review was taken.
       Section 4. Declaration
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Protocol is self-executing. This Protocol does not 
     confer private rights enforceable in United States courts.

          CCW Protocol on Blinding Laser Weapons (Protocol IV)

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to an 
     understanding and a declaration.
       The Senate advises and consents to the ratification of the 
     Protocol on Blinding Laser Weapons to the Convention on 
     Prohibitions or Restrictions on the Use of Certain 
     Conventional Weapons Which May be Deemed to be Excessively 
     Injurious or to Have Indiscriminate Effects (Protocol IV), 
     adopted at Vienna on October 13, 1995 (Treaty Doc. 105-1(C)), 
     subject to the understanding of section 2 and the declaration 
     of 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:
       It is the understanding of the United States of America 
     with respect to Article 2 that any decision by any military 
     commander, military personnel, or any other person 
     responsible for planning, authorizing or executing military 
     action shall only be judged on the basis of that person's 
     assessment of the information reasonably available to the 
     person at the time the person planned, authorized, or 
     executed the action under review, and shall not be judged on 
     the basis of information that comes to light after the action 
     under review was taken.
       Section 3. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Protocol is self-executing. This Protocol does not 
     confer private rights enforceable in United States courts.