[Congressional Record (Bound Edition), Volume 145 (1999), Part 15]
[Senate]
[Page 22096]
[From the U.S. Government Publishing Office, www.gpo.gov]



REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENTS NOS. 106-11, 106-12, 
                               AND 106-13

  Mr. WARNER. Mr. President, as in executive session, I ask unanimous 
consent the injunction of secrecy be removed from the following 
treaties transmitted to the Senate on September 1, 1999, by the 
President of the United States: Tax Convention with Italy (Treaty 
Document No. 106-11); Tax Convention with Denmark (Treaty Document No. 
106-12); and Protocol Amending the Tax Convention with Germany (Treaty 
Document No. 106-13).
  I further ask that the treaties be considered as having been read for 
the first time, that they be referred with accompanying papers to the 
Committee on Foreign Relations in order 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 Senate advice and consent to ratification the 
Convention Between the Government of the United States of America and 
the Government of the Italian Republic for the Avoidance of Double 
Taxation with Respect to Taxes on Income and the Prevention of Fraud or 
Fiscal Evasion, signed at Washington on August 25, 1999, together with 
a Protocol. Also transmitted are an exchange of notes with a Memorandum 
of Understanding and the report of the Department of State concerning 
the Convention.
  This Convention, which is similar to tax treaties between the United 
States and other developed nations, provides maximum rates of tax to be 
applied to various types of income and protection from double taxation 
of income. The Convention also provides for resolution of disputes and 
sets forth rules making its benefits unavailable to residents that are 
engaged in treaty-shopping or certain abusive transactions.
  I recommend that the Senate give early and favorable consideration to 
this Convention and that the Senate give its advice and consent to 
ratification.
                                                  William J. Clinton.  
  The White House, September 21, 1999.
                                  ____

To the Senate of the United States:
  I transmit herewith for Senate advice and consent to ratification the 
Convention Between the Government of the United States of America and 
the Government of the Kingdom of Denmark for the Avoidance of Double 
Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on 
Income, signed at Washington on August 19, 1999, together with a 
Protocol. Also transmitted for the information of the Senate is the 
report of the Department of State concerning the Convention.
  It is my desire that the Convention and Protocol transmitted herewith 
be considered in place of the Convention for the Avoidance of Double 
Taxation, signed at Washington on June 17, 1980, and the Protocol 
Amending the Convention, signed at Washington on August 23, 1983, which 
were transmitted to the Senate with messages dated September 4, 1980 
(S. Ex. Q, 96th Cong., 2d Sess.) and November 16, 1983 (T. Doc. No. 98-
12, 98th Cong., 1st Sess.), and which are pending in the Committee on 
Foreign Relations. I desire, therefore, to withdraw from the Senate the 
Convention and Protocol signed in 1980 and 1983.
  This Convention, which is similar to tax treaties between the United 
States and other developed nations, provides maximum rates of tax to be 
applied to various types of income and protection from double taxation 
of income. The Convention also provides for resolution of disputes and 
sets forth rules making its benefits unavailable to residents that are 
engaged in treaty-shopping.
  I recommend that the Senate give early and favorable consideration to 
this Convention and that the Senate give its advice and consent to 
ratification.
                                                  William J. Clinton.  
  The White House, September 21, 1999.
                                  ____

To the Senate of the United States:
  I transmit herewith for Senate advice and consent to ratification the 
Protocol Amending the Convention Between the United States of America 
and the Federal Republic of Germany for the Avoidance of Double 
Taxation with Respect to Taxes on Estates, Inheritances, and Gifts 
signed at Bonn on December 3, 1980, signed at Washington, December 14, 
1998. The Protocol provides a pro rata unified tax credit to the estate 
of a German domiciliary for purposes of computing U.S. estate tax. It 
allows a limited U.S. ``marital deduction'' for certain estates of 
limited value if the surviving spouse is not a U.S. citizen. In 
addition, the Protocol expands the United States jurisdiction to tax 
its citizens and certain former citizens and long-term residents and 
makes other changes to the treaty to more closely reflect current U.S. 
treaty policy.
  I recommend that the Senate give early and favorable consideration to 
this Protocol and give its advice and consent to ratification.
                                                  William J. Clinton.  
  The White House, September 21, 1999.

                          ____________________