[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

[[Page S6999]]

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

[[Page S7000]]

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.

                          ____________________