[Congressional Record Volume 162, Number 24 (Wednesday, February 10, 2016)]
[Senate]
[Pages S830-S832]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NOS. 114-5, 114-6, 
                    114-7, 114-8, 114-9, AND 114-10

  Mr. McCONNELL. Mr. President, as in executive session, I ask 
unanimous consent that the injunction of secrecy be removed from the 
following treaties transmitted to the Senate on February 10, 2016, by 
the President of the United States: U.N. Convention on the Use of 
Electronic Communications in International Contracts, Treaty Document 
No. 114-5; Marrakesh Treaty to Facilitate Access to Published Works for 
Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, 
Treaty Document No. 114-6; U.N. Convention on the Assignment of 
Receivables in International Trade, Treaty Document No. 114-7; Beijing 
Treaty on Audiovisual Performances, Treaty Document No. 114-8; U.N. 
Convention on Independent Guarantees and Stand-By Letters of Credit, 
Treaty Document No. 114-9; and Extradition Treaty with the Dominican 
Republic, Treaty Document No. 114-10. I further ask that the treaties 
be considered as having been read the first time; that they be 
referred, with accompanying papers, to the Committee on Foreign 
Relations and ordered to be printed; and that the President's messages 
be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The messages of the President are as follows:

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, subject to certain declarations and understandings, I 
transmit herewith the United Nations Convention on the Use of 
Electronic Communications in International Contracts (Convention), done 
at New York on November 23, 2005, and entered into force on March 1, 
2013. The report of the Secretary of State, which includes an overview 
of the Convention, is enclosed for the information of the Senate.
  The Convention sets forth modern rules validating and facilitating 
the use of electronic communications in international business 
transactions. The Convention will promote legal uniformity and 
predictability, and thereby lower costs, for U.S. businesses engaged in 
electronic commerce.
  The Convention's provisions are substantively similar to State law 
enactments in the United States of the 1999 Uniform Electronic 
Transactions Act (UETA), and to the governing Federal law, the 
Electronic Signatures in Global and National Commerce Act, Public Law 
106-229 (June 30, 2000). Consistent with the Federal law, all States 
have enacted laws containing the same basic rules on electronic 
commerce, whether based on UETA or on functionally equivalent 
provisions. The Federal statute allows States that enact UETA, or 
equivalent standards, to be subject to their State law, and not the 
corresponding provisions of the Federal law.
  The United States proposed and actively participated in the 
negotiation of the Convention at the United Nations Commission on 
International Trade Law. Accession by the United States can be expected 
to encourage other countries to become parties to the Convention, and 
having a greater number of parties to the Convention should facilitate 
electronic commerce across borders.
  The Convention would be implemented through Federal legislation to be 
proposed separately to the Congress by my Administration.
  The Convention has been endorsed by leading associations and 
organizations in this area, including the American Bar Association and 
the United States Council on International Business. The United States 
Government worked closely with the Uniform Law Commission regarding the 
negotiation and domestic implementation of the Convention.
  I recommend, therefore, that the Senate give early and favorable 
consideration to the Convention and give its advice and consent to 
ratification, subject to certain understandings and declarations.
                                                        Barack Obama.  
The White House, February 10, 2016.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Marrakesh Treaty to Facilitate 
Access to Published Works for Persons Who Are Blind, Visually Impaired, 
or Otherwise Print Disabled, done at Marrakesh on June 27, 2013 
(Marrakesh Treaty). I also transmit, for the information of the Senate, 
a report of the Secretary of State with respect to the Marrakesh Treaty 
that includes a summary of its provisions.
  This copyright treaty, concluded under the auspices of the World 
Intellectual Property Organization (WIPO),

[[Page S831]]

advances the national interest of the United States in promoting the 
protection and enjoyment of creative works. The Marrakesh Treaty lays a 
foundation, in a manner consistent with existing international 
copyright standards, for further opening up a world of knowledge for 
persons with print disabilities by improving their access to published 
works.
  The United States played a leadership role in the negotiation of the 
treaty, and its provisions are broadly consistent with the approach and 
structure of existing U.S. law. Narrow changes in U.S. law will be 
needed for the United States to implement certain provisions of the 
treaty. Proposed legislation is being submitted to both houses of the 
Congress in conjunction with this transmittal.
  I recommend that the Senate give early and favorable consideration to 
the Marrakesh Treaty, and give its advice and consent to its 
ratification.
                                                        Barack Obama.  
The White House, February 10, 2016.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, subject to certain declarations and understandings set 
forth in the enclosed report, I transmit herewith the United Nations 
Convention on the Assignment of Receivables in International Trade, 
done at New York on December 12, 2001, and signed by the United States 
on December 30, 2003. The report of the Secretary of State, which 
includes an overview of the proposed Convention, is enclosed for the 
information of the Senate.
  The Convention sets forth modern uniform rules governing the 
assignment of receivables for use in international financing 
transactions. In particular, the Convention facilitates the use of 
cross-border receivables financing by: (a) recognizing the legal 
effectiveness of a wide variety of modern receivables financing 
practices; (b) overriding certain contractual obstacles to receivables 
financing; and (c) providing clear, uniform conflict-of-laws rules to 
determine which country's domestic law governs priority as between the 
assignee of a receivable and competing claimants.
  As a global leader in receivables financing, the United States 
actively participated in the negotiation of this Convention at the 
United Nations Commission on International Trade Law with the support 
of U.S. business interests. Drawing on laws and best practices 
prevalent in the United States and other countries where receivables 
financing flourishes, the Convention would promote the availability of 
capital and credit at more affordable rates and thus facilitate the 
development of international commerce. Widespread ratification of the 
Convention would help U.S. companies, especially small- and medium-
sized enterprises, obtain much-needed working capital financing from 
U.S. banks and other lenders to export goods, and thereby help create 
more jobs in the United States.
  The rules set forth in the Convention do not differ in any 
significant respect from those contained in existing U.S. law. In 
particular, in virtually all cases application of the Convention will 
produce the same results as those under the Uniform Commercial Code 
Article 9, which all States and the District of Columbia, Puerto Rico, 
and the Virgin Islands have enacted.
  I recommend, therefore, that the Senate give early and favorable 
consideration to the Convention and give its advice and consent to 
ratification, subject to certain declarations and undertakings set 
forth in the enclosed report.
                                                        Barack Obama.  
The White House, February 10, 2016.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Beijing Treaty on Audiovisual 
Performances, done at Beijing on June 24, 2012 (Beijing Treaty). I also 
transmit, for the information of the Senate, a report of the Secretary 
of State with respect to the Beijing Treaty that includes a summary of 
its provisions.
  This copyright treaty, concluded under the auspices of the World 
Intellectual Property Organization (WIPO), advances the national 
interest of the United States in promoting the protection and enjoyment 
of creative works. The Beijing Treaty provides a modern international 
framework for the rights of performers in motion pictures, television 
programs, and other audiovisual works, similar to that already in place 
for producers of such works, for authors, and for performers and 
producers of sound recordings, pursuant to other WIPO copyright 
treaties the United States has joined.
  The United States played a leadership role in the negotiation of the 
treaty, and its provisions are broadly consistent with the approach and 
structure of existing U.S. law. Narrow changes in U.S. law will be 
needed for the United States to implement certain provisions of the 
treaty. Proposed legislation is being submitted to both houses of the 
Congress in conjunction with this transmittal.
  I recommend that the Senate give early and favorable consideration to 
the Beijing Treaty, and give its advice and consent to its 
ratification, subject to a declaration pursuant to Article 11 of the 
Beijing Treaty as described in the accompanying Department of State 
report.
                                                        Barack Obama.  
The White House, February 10, 2016.
                                  ____

To the Senate of the United States: 
  With a view to receiving the advice and consent of the Senate to 
ratification, subject to certain understandings set forth in the 
enclosed report, I transmit herewith the United Nations Convention on 
Independent Guarantees and Stand-By Letters of Credit (Convention), 
done at New York on December 11, 1995, and signed by the United States 
on December 11, 1997. The report of the Secretary of State, which 
includes an overview of the proposed Convention, is enclosed for the 
information of the Senate.
  As a leader in transactional finance, the United States participated 
in the negotiation of this Convention at the United Nations Commission 
on International Trade Law with the support of U.S. commercial and 
financial interests. The Convention establishes common rules on stand-
by letters of credit and other independent guarantees, instruments that 
are essential to international commerce, and thereby reduces the 
uncertainty and risk that may be associated with cross-border 
transactions. With two minor exceptions, the Convention's provisions 
are substantively similar to the uniform State law provisions in the 
Uniform Commercial Code Article 5 (Letters of Credit), which all States 
and the District of Columbia, Puerto Rico, and the Virgin Islands have 
enacted.
  Ratification by the United States of this Convention can be expected 
to encourage other countries to become parties to the Convention. While 
eight countries currently are parties to the Convention, having a 
greater number of parties to the Convention would promote the stability 
and efficiency of international commerce.
  The Convention has been endorsed by leading banking and business 
associations in the United States.
  The Convention would be implemented through Federal legislation to be 
separately transmitted by my Administration to the Congress.
  I recommend, therefore, that the Senate give early and favorable 
consideration to the Convention and give its advice and consent to its 
ratification, subject to certain understandings set forth in the 
enclosed report.
                                                        Barack Obama.  
The White House, February 10, 2016.
                                  ____

To the Senate of the United States: 
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Extradition Treaty between the 
Government of the United States of America and the Government of the 
Dominican Republic (the ``Treaty''), signed at Santo Domingo on January 
12, 2015. I also transmit, for the information of the Senate, the 
report of the Department of State with respect to the Treaty.
  The Treaty would replace the extradition treaty between the United 
States and the Dominican Republic, signed at Santo Domingo on June 19, 
1909. The Treaty follows generally the form and content of other 
extradition treaties recently concluded by the United States. It would 
replace an outmoded list of extraditable offenses with a modern ``dual 
criminality'' approach, which would enable extradition for such 
offenses as money laundering and other newer offenses not appearing on

[[Page S832]]

the list. The Treaty also contains a modernized ``political offense'' 
clause and provides that extradition shall not be refused based on the 
nationality of the person sought. Finally, the Treaty incorporates a 
series of procedural improvements to streamline and speed the 
extradition process.
  I recommend that the Senate give early and favorable consideration to 
the Treaty, and give its advice and consent to ratification.
                                                        Barack Obama.  
The White House, February 10, 2016. 

                          ____________________