[Congressional Record (Bound Edition), Volume 146 (2000), Part 12]
[Senate]
[Page 17129]
[From the U.S. Government Publishing Office, www.gpo.gov]



      REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NO. 106-45

  Mr. CRAIG. Mr. President, as in executive session, I ask unanimous 
consent that the injunction of secrecy be removed from the following 
convention transmitted to the Senate on September 6, 2000, by the 
President of the United States:
  Convention for International Carriage by Air, Treaty Document No. 
106-45.
  I also ask that the convention be considered as having been read the 
first time; that it be referred, with accompanying papers, to the 
Committee on Foreign Relations and ordered to be printed; and that the 
President's message be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The message of the President is as follows:

To the Senate of the United States:
  I transmit herewith, for Senate advice and consent to ratification, 
the Convention for the Unification of Certain Rules for International 
Carriage by Air, done at Montreal May 28, 1999 (the ``Convention''). 
The report of the Department of State, including an article-by-article 
analysis, is enclosed for the information of the Senate in connection 
with its consideration of the Convention.
  I invite favorable consideration of the recommendation of the 
Secretary of State, as contained in the report provided herewith, that 
the Senate's advice and consent to the Convention be subject to a 
declaration on behalf of the United States, pursuant to Article 57(a) 
of the Convention, that the convention shall not apply to international 
carriage by air performed and operated directly by the United States 
for noncommercial purposes in respect to its functions and duties as a 
sovereign State. Such a declaration is consistent with the declaration 
made by the United States under the Convention for the Unification of 
Certain Rules Relating to International Carriage by Air, done at Warsaw 
October 12, 1929, as amended (the ``Warsaw Convention'') and is 
specifically permitted by the terms of the new Convention.
  Upon entry into force for the United States, the Convention, where 
applicable, would supersede the Warsaw Convention, as amended by the 
Protocol to Amend the Warsaw Convention, done at Montreal September 25, 
1975 (``Montreal Protocol No. 4''), which entered into force for the 
United States on March 4, 1999. The Convention represents a vast 
improvement over the liability regime established under the Warsaw 
Convention and its related instruments, relative to passenger rights in 
the event of an accident. Among other benefits, the Convention 
eliminates the cap on carrier liability to accident victims; holds 
carriers strictly liable for proven damages up to 100,000 Special 
Drawing Rights (approximately $135,000) (Special Drawing Rights 
represent an artificial `basket' currency developed by the 
International Monetary Fund for internal accounting purposes to replace 
gold as a world standard); provides for U.S. jurisdiction for most 
claims brought on behalf of U.S. passengers; clarifies the duties and 
obligations of carriers engaged in code-share operations; and, with 
respect to cargo, preserves all of the significant advances achieved by 
Montreal Protocol No. 4.
  I recommend that the Senate give early and favorable consideration to 
this Convention and that the Senate give its advice and consent to 
ratification, subject to a declaration that the Convention shall not 
apply to international carriage by U.S. State aircraft, as provided for 
in the Convention.
                                                  William J. Clinton.  
The White House, September 6, 2000.

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