[Congressional Record Volume 154, Number 153 (Thursday, September 25, 2008)]
[Senate]
[Pages S9554-S9557]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        LAND-BASED SOURCES PROTOCOL TO THE CARTAGENA CONVENTION

                                 ______
                                 

                          THE HAGUE CONVENTION

                                 ______
                                 

 AMENDMENT TO THE CONVENTION ON PHYSICAL PROTECTION OF NUCLEAR MATERIAL

                                 ______
                                 

  INTERNATIONAL CONVENTION FOR SUSPENSION OF ACTS OF NUCLEAR TERRORISM

                                 ______
                                 

 PROTOCOLS OF 2005 TO THE CONVENTION CONCERNING THE SAFETY OF MARITIME 
NAVIGATION AND TO THE PROTOCOL CONCERNING THE SAFETY OF FIXED PLATFORMS 
                       ON THE CONTINENTIAL SHELF

                                 ______
                                 

 PROTOCOL TO THE NORTH ATLANTIC TREATY OF 1949 ON THE ACCESSION OF THE 
                          REPUBLIC OF ALBANIA

                                 ______
                                 

     1998 AMENDMENTS TO THE CONSTITUTION AND THE CONVENTION OF THE 
                 INTERNATIONAL TELECOMMUNICATION UNION

                                 ______
                                 

     2002 AMENDMENTS TO THE CONSTITUTION AND THE CONVENTION OF THE 
                 INTERNATIONAL TELECOMMUNICATION UNION

                                 ______
                                 

     2006 AMENDMENTS TO THE CONSTITUTION AND THE CONVENTION OF THE 
                 INTERNATIONAL TELECOMMUNICATION UNION

  Mr. DURBIN. I ask unanimous consent the Senate consider the following 
treaties on the Executive Calendar, Calendar Nos. 25, 31, 34, 35, 36, 
37, 38, 39, and 40, 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, all without 
intervening 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.

[[Page S9555]]

  Mr. DURBIN. I ask for the 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:

    Treaty Doc. 110-1: Land-Based Sources Protocol to the Cartagena 
                               Convention

       Resolved (two-thirds of the Senators present concurring 
     therein), 
       Section 1. Senate Advice and Consent subject to 
     declarations.
       The Senate advises and consents to the ratification of the 
     Protocol Concerning Pollution from Land-Based Sources and 
     Activities to the Convention for the Protection and 
     Development of the Marine Environment of the Wider Caribbean 
     Region, with Annexes, done at Oranjestad, Aruba, on October 
     6, 1999 (Treaty Doc. 110-1), subject to the declaration of 
     section 2 and the declaration of section 3.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration, which shall be included 
     in the instrument of ratification:
       In accordance with Article XVIII, the United States of 
     America declares that, with respect to the United States of 
     America, any new annexes to the Protocol shall enter into 
     force only upon the deposit of its instrument of 
     ratification, acceptance, approval or accession with respect 
     thereto.
       Section 3. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Protocol is not self-executing.

                Treaty Doc. 106-1A: The Hague Convention

       Resolved (two-thirds of the Senators present concurring 
     therein), 
       Section 1. Senate Advice and Consent Subject to 
     Understandings and a Declaration.
       The Senate advises and consents to the ratification of the 
     Hague Convention for the Protection of Cultural Property in 
     the Event of Armed Conflict, concluded on May 14, 1954 
     (Treaty Doc. 106-1(A)), subject to the understandings of 
     section 2 and the declaration of section 3.
       Section 2. Understandings.
       The advice and consent of the Senate under section 1 is 
     subject to the following understandings, which shall be 
     included in the instrument of ratification:
       (1) It is the understanding of the United States of America 
     that ``special protection,'' as defined in Chapter II of the 
     Convention, codifies customary international law in that it, 
     first, prohibits the use of any cultural property to shield 
     any legitimate military targets from attack and, second, 
     allows all property to be attacked using any lawful and 
     proportionate means, if required by military necessity and 
     notwithstanding possible collateral damage to such property.
       (2) 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 or other activities 
     covered by this Convention 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.
       (3) It is the understanding of the United States of America 
     that the rules established by the Convention apply only to 
     conventional weapons, and are without prejudice to the rules 
     of international law governing other types of weapons, 
     including nuclear weapons.
       (4) It is the understanding of the United States of America 
     that, as is true for all civilian objects, the primary 
     responsibility for the protection of cultural objects rests 
     with the Party controlling that property, to ensure that it 
     is properly identified and that it is not used for an 
     unlawful purpose.
       Section 3. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       With the exception of the provisions that obligate the 
     United States to impose sanctions on persons who commit or 
     order to be committed a breach of the Convention, this 
     Convention is self-executing. This Convention does not confer 
     private rights enforceable in United States courts.

 Treaty Doc. 110-6: Amendment to the Convention on Physical Protection 
                          of Nuclear Material

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     reservation, understandings, and a declaration.
       The Senate advises and consents to the ratification of the 
     Amendment to the Convention on the Physical Protection of 
     Nuclear Material, adopted on July 8, 2005 (the ``Amendment'') 
     (Treaty Doc. 110-6), subject to the reservation of section 2, 
     the understandings 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:
       Consistent with Article 17(3) of the Convention on the 
     Physical Protection of Nuclear Material, the United States of 
     America declares that it does not consider itself bound by 
     Article 17(2) of the Convention on the Physical Protection of 
     Nuclear Material with respect to disputes concerning the 
     interpretation or application of the Amendment.
       Section 3. Understandings.
       The advice and consent of the Senate under section 1 is 
     subject to the following understandings, which shall be 
     included in the instrument of ratification:
       (1) The United States of America understands that the term 
     ``armed conflict'' in Paragraph 5 of the Amendment (Article 2 
     of the Convention on the Physical Protection of Nuclear 
     Material, as amended) does not include internal disturbances 
     and tensions, such as riots, isolated and sporadic acts of 
     violence, and other acts of a similar nature.
       (2) The United States of America understands that the term 
     ``international humanitarian law'' in Paragraph 5 of the 
     Amendment (Article 2 of the Convention on the Physical 
     Protection of Nuclear Material, as amended) has the same 
     substantive meaning as the law of war.
       (3) The United States of America understands that, pursuant 
     to Paragraph 5 of the Amendment (Article 2 of the Convention 
     on the Physical Protection of Nuclear Material, as amended), 
     the Convention on the Physical Protection of Nuclear 
     Material, as amended, will not apply to: (a) the military 
     forces of a State, which are the armed forces of a State 
     organized, trained, and equipped under its internal law for 
     the primary purpose of national defense or security, in the 
     exercise of their official duties; (b) civilians who direct 
     or organize the official activities of military forces of a 
     State; or (c) civilians acting in support of the official 
     activities of the military forces of a State, if the 
     civilians are under the formal command, control, and 
     responsibility of those forces.
       Section 4. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       With the exception of the provisions that obligate the 
     United States to criminalize certain offenses, make those 
     offenses punishable by appropriate penalties, and authorize 
     the assertion of jurisdiction over such offenses, this 
     Amendment is self-executing. Included among the self-
     executing provisions are those provisions obligating the 
     United States to treat certain offenses as extraditable 
     offenses for purposes of bilateral extradition treaties. This 
     Amendment does not confer private rights enforceable in 
     United States courts.

Treaty Doc. 110-4: International Convention for Suppression of Acts of 
                           Nuclear Terrorism

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     reservation, understandings, and a declaration.
       The Senate advises and consents to the ratification of the 
     International Convention for the Suppression of Acts of 
     Nuclear Terrorism, adopted on April 13, 2005, and signed on 
     behalf of the United States of America on September 14, 2005 
     (the ``Convention'') (Treaty Doc. 110-4), subject to the 
     reservation of section 2, the understandings 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:
       Pursuant to Article 23(2) of the Convention, the United 
     States of America declares that it does not consider itself 
     bound by Article 23(1) of the Convention.
       Section 3. Understandings.
       The advice and consent of the Senate under section 1 is 
     subject to the following understandings, which shall be 
     included in the instrument of ratification:
       (1) The United States of America understands that the term 
     ``armed conflict'' in Article 4 of the Convention does not 
     include situations of internal disturbances and tensions, 
     such as riots, isolated and sporadic acts of violence, and 
     other acts of a similar nature.
       (2) The United States of America understands that the term 
     ``international humanitarian law'' in Article 4 of the 
     Convention has the same substantive meaning as the law of 
     war.
       (3) The United States of America understands that, pursuant 
     to Article 4 and Article 1(6), the Convention does not apply 
     to: (a) the military forces of a State, which are the armed 
     forces of a State organized, trained, and equipped under its 
     internal law for the primary purpose of national defense or 
     security, in the exercise of their official duties; (b) 
     civilians who direct or organize the official activities of 
     military forces of a State; or (c) civilians acting in 
     support of the official activities of the military forces of 
     a State, if the civilians are under the formal command, 
     control, and responsibility of those forces.
       (4) The United States of America understands that current 
     United States law with

[[Page S9556]]

     respect to the rights of persons in custody and persons 
     charged with crimes fulfills the requirement in Article 12 of 
     the Convention and, accordingly, the United States does not 
     intend to enact new legislation to fulfill its obligations 
     under this Article.
       Section 4. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       With the exception of the provisions that obligate the 
     United States to criminalize certain offenses, make those 
     offenses punishable by appropriate penalties, and authorize 
     the assertion of jurisdiction over such offenses, this 
     Convention is self-executing. Included among the self-
     executing provisions are those provisions obligating the 
     United States to treat certain offenses as extraditable 
     offenses for purposes of bilateral extradition treaties. None 
     of the provisions in the Convention, including Articles 10 
     and 12, confer private rights enforceable in United States 
     courts.

 Treaty Doc. 110-8: Protocols of 2005 to the Convention Concerning the 
Safety of Maritime Navigation and to the Protocol Concerning the Safety 
              of Fixed Platforms on the Continental Shelf

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to a 
     reservation, understandings, and a declaration.
       The Senate advises and consents to the ratification of the 
     Protocol of 2005 to the Protocol for the Suppression of 
     Unlawful Acts against the Safety of Fixed Platforms Located 
     on the Continental Shelf, adopted on October 14, 2005, and 
     signed on behalf of the United States of America on February 
     17, 2006 (the ``2005 Fixed Platforms Protocol'') (Treaty Doc. 
     110-8), subject to the reservation of section 2, the 
     understandings 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:
       Consistent with Article 16(2) of the Convention for the 
     Suppression of Unlawful Acts against the Safety of Maritime 
     Navigation, 2005, and incorporated by Article 2 of the 2005 
     Fixed Platforms Protocol, the United States of America 
     declares that it does not consider itself bound by Article 
     16(1) of the Convention and incorporated by Article 2 of the 
     2005 Fixed Platforms Protocol, with respect to disputes 
     concerning the interpretation or application of the Protocol 
     of 2005 to the Protocol for the Suppression of Unlawful Acts 
     against the Safety of Fixed Platforms Located on the 
     Continental Shelf.
       Section 3. Understandings.
       The advice and consent of the Senate under section 1 is 
     subject to the following understandings, which shall be 
     included in the instrument of ratification:
       (1) The United States of America understands that the term 
     ``armed conflict'' as used in paragraph 2 of Article 2bis of 
     the Convention for the Suppression of Unlawful Acts against 
     the Safety of Maritime Navigation, 2005, and incorporated by 
     Article 2 of the 2005 Fixed Platforms Protocol, does not 
     include internal disturbances and tensions, such as riots, 
     isolated and sporadic acts of violence, and other acts of a 
     similar nature.
       (2) The United States of America understands that the term 
     ``international humanitarian law,'' as used in paragraphs 1 
     and 2 of Article 2bis of the Convention for the Suppression 
     of Unlawful Acts against the Safety of Maritime Navigation, 
     2005, and incorporated by Article 2 of the 2005 Fixed 
     Platforms Protocol, has the same substantive meaning as the 
     ``law of war.''
       (3) The United States of America understands that, pursuant 
     to paragraph 2 of Article 2bis of the Convention for the 
     Suppression of Unlawful Acts against the Safety of Maritime 
     Navigation, 2005, and incorporated by Article 2 of the 2005 
     Fixed Platforms Protocol, the Protocol for the Suppression of 
     Unlawful Acts against the Safety of Fixed Platforms Located 
     on the Continental Shelf, 2005, does not apply to: (a) the 
     military forces of a State, which are the armed forces of a 
     State organized, trained, and equipped under its internal law 
     for the primary purpose of national defense or security, in 
     the exercise of their official duties; (b) civilians who 
     direct or organize the official activities of military forces 
     of a State; or (c) civilians acting in support of the 
     official activities of the military forces of a State, if the 
     civilians are under the formal command, control, and 
     responsibility of those forces.
       (4) The United States of America understands that current 
     United States law with respect to the rights of persons in 
     custody and persons charged with crimes fulfills the 
     requirement in paragraph 2 of Article 10 of the Convention 
     for the Suppression of Unlawful Acts against the Safety of 
     Maritime Navigation, 2005, and incorporated by Article 2 of 
     the 2005 Fixed Platforms Protocol, and, accordingly, the 
     United States does not intend to enact new legislation to 
     fulfill its obligations under this Article.
       Section 4. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       With the exception of the provisions that obligate the 
     United States to criminalize certain offenses, make those 
     offenses punishable by appropriate penalties, and authorize 
     the assertion of jurisdiction over such offenses, the 2005 
     Fixed Platforms Protocol is self-executing. Included among 
     the self-executing provisions are those provisions obligating 
     the United States to treat certain offenses as extraditable 
     offenses for purposes of bilateral extradition treaties. None 
     of the provisions of the 2005 Fixed Platforms Protocol, 
     including those incorporating by reference Articles 7 and 10 
     of the Convention for the Suppression of Unlawful Acts 
     against the Safety of Maritime Navigation, 2005, confer 
     private rights enforceable in United States courts.

 Treaty Doc. 110-20: Protocol to the North Atlantic Treaty of 1949 on 
                the Accession of the Republic of Albania

       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 to the North Atlantic Treaty of 1949 on the 
     Accession of the Republic of Albania, adopted at Brussels on 
     July 9, 2008, and signed that day on behalf of the United 
     States of America (the ``Protocol'') (Treaty Doc. 110-20), 
     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:
       (a) Article 10 of the North Atlantic Treaty provides that 
     Parties may, by unanimous agreement, invite any other 
     European State in a position to further the principles of the 
     North Atlantic Treaty and to contribute to the security of 
     the North Atlantic area to accede to the North Atlantic 
     Treaty, and thus become a member of the North Atlantic Treaty 
     Organization (``NATO'').
       (b) The Bucharest Summit Declaration, issued by the Heads 
     of States and Governments participating in the meeting of the 
     North Atlantic Council in Bucharest on April 3, 2008, states 
     that NATO welcomes Ukraine's and Georgia's Euro-Atlantic 
     aspirations for membership in NATO. The Bucharest Summit 
     Declaration additionally states that it was ``agreed today 
     that these countries will become members of NATO.''
       (c) The Senate declares that it is important that NATO keep 
     its door open to all European democracies willing and able to 
     assume the responsibilities and obligations of membership.
       Section 3. Condition.
       The advice and consent of the Senate under section 1 is 
     subject to the following condition:
     Presidential Certification
       Prior to the deposit of the instrument of ratification, the 
     President shall certify to the Senate as follows:
       1. The inclusion of the Republic of Albania in NATO will 
     not have the effect of increasing the overall percentage 
     share of the United States in the common budgets of NATO; and
       2. The inclusion of the Republic of Albania in NATO does 
     not detract from the ability of the United States to meet or 
     to fund its military requirements outside the North Atlantic 
     area.

 Treaty Doc. 110-20: Protocol to the North Atlantic Treaty of 1949 on 
                the Accession of the Republic of Croatia

       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 to the North Atlantic Treaty of 1949 on the 
     Accession of the Republic of Croatia, adopted at Brussels on 
     July 9, 2008, and signed that day on behalf of the United 
     States of America (the ``Protocol'') (Treaty Doc. 110-20), 
     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:
       (a) Article 10 of the North Atlantic Treaty provides that 
     Parties may, by unanimous agreement, invite any other 
     European State in a position to further the principles of the 
     North Atlantic Treaty and to contribute to the security of 
     the North Atlantic area to accede to the North Atlantic 
     Treaty, and thus become a member of the North Atlantic Treaty 
     Organization (``NATO'').
       (b) The Bucharest Summit Declaration, issued by the Heads 
     of States and Governments participating in the meeting of the 
     North Atlantic Council in Bucharest on April 3, 2008, states 
     that NATO welcomes Ukraine's and Georgia's Euro-Atlantic 
     aspirations for membership in NATO. The Bucharest Summit 
     Declaration additionally states that it was ``agreed today 
     that these countries will become members of NATO.''
       (c) The Senate declares that it is important that NATO keep 
     its door open to all European democracies willing and able to 
     assume the responsibilities and obligations of membership.
       Section 3. Condition.
       The advice and consent of the Senate under section 1 is 
     subject to the following condition:
     Presidential Certification
       Prior to the deposit of the instrument of ratification, the 
     President shall certify to the Senate as follows:
       1. The inclusion of the Republic of Croatia in NATO will 
     not have the effect of increasing the overall percentage 
     share of the United States in the common budgets of NATO; and

[[Page S9557]]

       2. The inclusion of the Republic of Croatia in NATO does 
     not detract from the ability of the United States to meet or 
     to fund its military requirements outside the North Atlantic 
     area.

    Treaty Doc. 108-5: 1998 Amendments to the Constitution and the 
        Convention of the International Telecommunication Union

       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 
     amendments to the Constitution and Convention of the 
     International Telecommunication Union (Geneva 1992), as 
     amended by the Plenipotentiary Conference (Kyoto 1994), 
     signed by the United States at Minneapolis on November 6, 
     1998, as contained in the Final Acts of the Plenipotentiary 
     Conference (Minneapolis 1998) (the ``1998 Final Acts'') 
     (Treaty Doc. 108-5), subject to declarations and reservations 
     Nos. 90 (second paragraph), 90 (third paragraph), 101, 102, 
     and 111 of the 1998 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.

    Treaty Doc. 109-11: 2002 Amendments to the Constitution and the 
        Convention of the International Telecommunication Union

       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 
     amendments to the Constitution and Convention of the 
     International Telecommunication Union (Geneva 1992), as 
     amended by the Plenipotentiary Conference (Kyoto 1994) and 
     the Plenipotentiary Conference (Minneapolis 1998), signed by 
     the United States at Marrakesh on October 18, 2002, as 
     contained in the Final Acts of the Plenipotentiary Conference 
     (Marrakesh 2002) (the ``2002 Final Acts'') (Treaty Doc. 109-
     11), subject to declarations and reservations Nos. 70 (second 
     paragraph), 70 (third paragraph), 71, 79, 80, and 101 of the 
     2002 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.

    Treaty Doc. 110-16: 2006 Amendments to the Constitution and the 
        Convention of the International Telecommunication Union

       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 
     amendments to the Constitution and Convention of the 
     International Telecommunication Union (Geneva 1992), as 
     amended by the Plenipotentiary Conference (Kyoto 1994), the 
     Plenipotentiary Conference (Minneapolis 1998), and the 
     Plenipotentiary Conference (Marrakesh 2002), signed by the 
     United States at Antalya on November 24, 2006, as contained 
     in the Final Acts of the Plenipotentiary Conference (Antalya 
     2006) (the ``2006 Final Acts'') (Treaty Doc. 110-16), subject 
     to declarations and reervations Nos. 70(1)(second paragraph), 
     70(1)(third paragraph), 70(2), 104, and 106 of the 2006 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.

                          ____________________