[Congressional Record (Bound Edition), Volume 149 (2003), Part 8]
[Senate]
[Pages 10225-10226]
[From the U.S. Government Publishing Office, www.gpo.gov]




  REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT 108-5 AND TREATY 
                             DOCUMENT 108-6

  Mr. FRIST. 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 April 30, 2003, by the President 
of the United States: Amendments to Constitution and Convention of 
International Telecommunication Union, Geneva 1992, Treaty Document No. 
108-5, and Protocol of Amendment to International Convention on 
Simplification and Harmonization of Customs Procedures, Treaty Document 
108-6.
  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 (Mr. Sununu). 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 amendments to the Constitution and Convention of the International 
Telecommunication Union (ITU) (Geneva 1992), as amended by the 
Plenipotentiary Conference (Kyoto 1994), together with declarations and 
reservations by the United States as contained in the Final Acts of the 
Plenipotentiary Conference (Minneapolis 1998). I transmit also, for the 
information of the Senate, the report of the Department of State 
concerning these amendments.
  Prior to 1992, and as a matter of general practice, previous 
Conventions of the ITU were routinely replaced at successive 
Plenipotentiary Conferences held every 5 to 10 years. In 1992, the ITU 
adopted a permanent Constitution and Convention. The Constitution 
contains fundamental provisions on the organization and structure of 
the ITU, as well as substantive rules applicable to international 
telecommunications matters. The ITU Convention contains provisions 
concerning the functioning of the ITU and its constituent organs.
  Faced with a rapidly changing telecommunication environment, the ITU 
in 1994 adopted a few amendments to the 1992 Constitution and 
Convention. These amendments were designed to enable the ITU to respond 
effectively to new challenges posed.
  The pace at which the telecommunication market continues to evolve 
has not eased. States participating in the 1998 ITU Plenipotentiary 
Conference held in Minneapolis submitted numerous proposals to amend 
the Constitution and Convention. As discussed in the attached report of 
the Department of State concerning the amendments, key proposals 
included the following: amendments to clarify the rights and 
obligations of Member States and Sector Members; amendments to increase 
private sector participation in the ITU with the understanding that the 
ITU is to remain an intergovernmental organization; amendments to 
strengthen the finances of the ITU; and amendments to provide for 
alternative procedures for the adoption and approval of questions and 
recommendations.
  Consistent with longstanding practice in the ITU, the United States, 
in signing the 1998 amendments, made certain declarations and 
reservations. These declarations and reservations are discussed in the 
report of the Department of State, which is attached hereto.
  The 1992 Constitution and Convention and the 1994 amendments thereto 
entered into force for the United States on October 26, 1997. The 1998 
amendments to the 1992 Constitution and Convention as amended in 1994 
entered into force on January 1, 2000, for those states, which, by that 
date, had notified the Secretary General of the ITU

[[Page 10226]]

of their approval thereof. As of the beginning of this year, 26 states 
had notified the Secretary General of the ITU of their approval of the 
1998 amendments.
  Subject to the U.S. declarations and reservations mentioned above, I 
believe the United States should ratify the 1998 amendments to the ITU 
Constitution and Convention. They will contribute to the ITU's ability 
to adapt to a rapidly changing telecommunication environment and, in 
doing so, will serve the needs of the United States Government and U.S. 
industry.
  I recommend that the Senate give early and favorable consideration to 
these amendments and that the Senate give its advice and consent to 
ratification.
                                                      George W. Bush.  
The White House, April 30, 2003.
                                  ____

To the Senate of the United States:
  I transmit herewith for Senate advice and consent to accession, the 
Protocol of Amendment to the International Convention on the 
Simplification and Harmonization of Customs Procedures done at Brussels 
on June 26, 1999. The Protocol amends the International Convention on 
the Simplification and Harmonization of Customs Procedures done at 
Kyoto on May 18, 1973, and replaces the Annexes to the 1973 Convention 
with a General Annex and 10 Specific Annexes (together, the ``Amended 
Convention''). I am also transmitting, for the information of the 
Senate, the report of the Department of State on the Amended 
Convention.
  The Amended Convention seeks to meet the needs of international trade 
and customs services through the simplification and harmonization of 
customs procedures. It responds to modernization in business and 
administrative methods and techniques and to the growth of 
international trade, without compromising standards of customs control. 
Accession by the United States would further the U.S. interest in 
reducing non-tariff barriers to international trade.
  By acceding to the Protocol, a state consents to be bound by the 
amended 1973 Convention and the new General Annex. At the same time, or 
anytime thereafter, Parties have the option of accepting any of the 
Specific Annexes (or Chapters thereof), and may at that time enter 
reservations with respect to any Recommended Practices contained in the 
Specific Annexes. In accordance with these terms, I propose that the 
United States accept seven of the Specific Annexes in their entirety 
and all the Chapters, but one of each of two other Specific Annexes (A-
E, G, and H, as well as Chapters 1, 2, and 3 of F, and Chapters 1, 3, 
4, and 5 of J), and enter the reservations proposed by the Bureau of 
Customs and Border Protection as set forth in the enclosure to the 
report of the Department of State. The provisions for which reservation 
is recommended conflict with current U.S. legislation or regulations. 
With these proposed reservations, no new implementing legislation is 
necessary in order to comply with the Amended Convention.
  Accession to the Protocol by the United States would contribute to 
important U.S. interests. First, accession by the United States would 
benefit the United States and U.S. businesses by facilitating greater 
economic growth, increasing foreign investment, and stimulating U.S. 
exports through more predictable, standard, and harmonized customs 
procedures governing cross-border trade transactions. Setting forth 
standardized and simplified methods for conducting customs business is 
important for U.S. trade interests in light of the demands of increased 
trade flows, as is the use of modernized technology and techniques for 
customs facilitation. These achievements can best be pursued by the 
United States as a Party to the Amended Convention. Second, through 
early accession, the United States can continue to take a leadership 
role in the areas of customs and international trade facilitation as 
the U.S. accession would encourage other nations, particularly 
developing nations, to accede as well.
  I recommend that the Senate give early and favorable consideration to 
the Protocol and give its advice and consent to accession.
                                                      George W. Bush.  
The White House, April 30, 2003.

                          ____________________