[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Pages S6998-S7000]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REMOVAL OF INJUNCTIONS OF SECRECY--TREATY DOCUMENT NOS. 114-13, 114-14,
AND 114-15
Mr. INHOFE. Madam President, I ask unanimous consent that the
injunction of secrecy be removed from the following treaties
transmitted to the Senate on December 9, 2016, by the President of the
United States: The Treaties with the Republic of Kiribati and the
Government of the Federated States of Micronesia on the Delimitation of
Maritime Boundaries, Treaty Document No. 114-13; the Arms Trade Treaty,
Treaty Document No. 114-14; and United Nations Convention on
Transparency in Treaty-Based Investor-State Arbitration, Treaty
Document No. 114-15. 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:
I transmit herewith, for the advice and consent of the Senate to
their ratification, two bilateral maritime boundary treaties: the
Treaty between the Government of the United States of America and the
Government of the Republic of Kiribati on the Delimitation of Maritime
Boundaries, signed at Majuro on September 6, 2013; and the Treaty
between the Government of the
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United States of America and the Government of the Federated States of
Micronesia on the Delimitation of a Maritime Boundary, signed at Koror
on August 1, 2014. I also transmit, for the information of the Senate,
the report of the Department of State with respect to the treaties.
The purpose of the treaties is to establish our maritime boundaries
in the South Pacific Ocean with two neighboring countries. The treaty
with Kiribati establishes three maritime boundaries totaling
approximately 1,260 nautical miles in length between Kiribati and the
United States islands of Palmyra Atoll, Kingman Reef, Jarvis Island,
and Baker Island. The treaty with the Federated States of Micronesia
establishes a single maritime boundary of approximately 447 nautical
miles in length between the Micronesian islands and the United States
territory of Guam. The boundaries define the limit within which each
country may exercise maritime jurisdiction with respect to its
exclusive economic zone and continental shelf.
I believe these treaties to be fully in the interest of the United
States. They reflect the tradition of cooperation and close ties with
Kiribati and with the Federated States of Micronesia in this region.
These boundaries have never been disputed, and the delimitation in the
treaties conforms closely to the limits the United States has long
asserted for our exclusive economic zone in the relevant areas.
I recommend that the Senate give early and favorable consideration to
the treaties, and give its advice and consent to ratification.
Barack Obama.
The White House, December 9, 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 Arms Trade
Treaty, done at New York on April 2, 2013, and signed by the United
States on September 25, 2013. I also transmit, for the information of
the Senate, the report of the Secretary of State with respect to the
Treaty, which contains a detailed article-by-article analysis of the
Treaty.
The Treaty is designed to regulate the international trade in
conventional arms--including small arms, tanks, combat aircraft, and
warships--and to reduce the risk that international arms transfers will
be used to commit atrocities, without impeding the legitimate arms
trade. It will contribute to international peace and security, will
strengthen the legitimate international trade in conventional arms, and
is fully consistent with rights of U.S. citizens (including those
secured by the Second Amendment to the U.S. Constitution). United
States national control systems and practices to regulate the
international transfer of conventional arms already meet or exceed the
requirements of the Treaty, and no further legislation is necessary to
comply with the Treaty. A key goal of the Treaty is to persuade other
States to adopt national control systems for the international transfer
of conventional arms that are closer to our own high standards.
By providing a basis for insisting that other countries improve
national control systems for the international transfer of conventional
arms, the Treaty will help reduce the risk that international transfers
of specific conventional arms and items will be abused to carry out the
world's worst crimes, including genocide, crimes against humanity, and
war crimes. It will be an important foundational tool in ongoing
efforts to prevent the illicit proliferation of conventional weapons
around the world, which creates instability and supports some of the
world's most violent regimes, terrorists, and criminals. The Treaty
commits States Parties to establish and maintain a national system for
the international transfer of conventional arms and to implement
provisions of the Treaty that establish common international standards
for conducting the international trade in conventional arms in a
responsible manner. The Treaty is an important first step in bringing
other countries up towards our own high national standards that already
meet or exceed those of the Treaty.
The Treaty will strengthen our security without undermining
legitimate international trade in conventional arms. The Treaty
reflects the realities of the global nature of the defense supply chain
in today's world. It will benefit U.S. companies by requiring States
Parties to apply a common set of standards in regulating the defense
trade, which establishes a more level playing field for U.S. industry.
Industry also will benefit from the international transparency required
by the Treaty, allowing U.S. industry to be better informed in advance
of the national regulations of countries with which it is engaged in
trade. This will provide U.S. industry with a clearer view of the
international trading arena, fostering its ability to make more
competitive and responsible business decisions based on more refined
strategic analyses of the risks, including risks of possible diversion
or potential gaps in accountability for international arms transfers,
and the associated mitigation measures to reduce such risks in a given
market.
The Treaty explicitly reaffirms the sovereign right of each country
to decide for itself, pursuant to its own constitutional and legal
system, how to deal with conventional arms that are traded exclusively
within its borders. It also recognizes that legitimate purposes and
interests exist for both individuals and governments to own, transfer,
and use conventional arms. The Treaty is fully consistent with the
domestic rights of U.S. citizens, including those guaranteed under the
U.S. Constitution.
I recommend that the Senate give early and favorable consideration to
the Treaty, and that it give its advice and consent to ratification of
the Treaty, subject to the understandings and declarations set forth in
the accompanying report.
Barack Obama.
The White House, December 9, 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 reservations, I transmit herewith the
United Nations Convention on Transparency in Treaty-Based Investor-
State Arbitration (Convention), done at New York on December 10, 2014.
The report of the Secretary of State, which includes an overview of the
Convention, is enclosed for the information of the Senate.
The Convention requires the application of the modern transparency
measures contained in the United Nations Commission on International
Trade Law (UNCITRAL) Transparency Rules to certain investor-state
arbitrations occurring under international investment agreements
concluded before April 2014, including under the investment chapters of
U.S. free trade agreements and U.S. bilateral investment treaties.
These transparency measures include publication of various key
documents from the arbitration proceeding, opening of hearings to the
public, and permitting non-disputing parties and other interested third
persons to make submissions to the tribunal. As the UNCITRAL
Transparency Rules by their terms automatically apply to arbitrations
commenced under international investment agreements concluded on or
after April 1, 2014, and that use the UNCITRAL Arbitration Rules
(unless the parties to such agreements agree otherwise), there is no
need for the Convention to apply to international investment agreements
concluded after that date.
Transparency in investor-state arbitration is vital, given that
governmental measures of interest to the broader public can be the
subject matter of the proceedings. The United States has long been a
leader in promoting transparency in investor-state arbitration, and the
11 most recently concluded U.S. international investment agreements
that contain investor-state arbitration already provide for modern
transparency measures similar to those made applicable by the
Convention. However, 41 older U.S. international investment agreements
lack all or some of the transparency measures. Should the United States
become a party, the Convention would require the transparency measures
to apply to arbitrations under U.S. international investment agreements
concluded before April 2014, to the extent that other parties to those
agreements also join the Convention and to the extent the United States
and such other
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parties do not take reservations regarding such arbitrations. The
Convention would also require the transparency measures to apply in
investor-state arbitrations under those agreements when the United
States is the respondent and the claimants consent to their
application, even if the claimants are not from a party to the
Convention.
The United States was a central participant in the negotiation of the
Convention in the UNCITRAL. Ratification by the United States can be
expected to encourage other countries to become parties to the
Convention. The Convention would not require any implementing
legislation.
I recommend, therefore, that the Senate give early and favorable
consideration to the Convention and give its advice and consent to
ratification by the United States, subject to certain reservations.
Barack Obama.
The White House, December 9, 2016.
____________________