[Congressional Record (Bound Edition), Volume 150 (2004), Part 4]
[Senate]
[Pages 4366-4368]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    REMOVAL OF INJUNCTION OF SECRECY

  Mr. FRIST. Mr. President, as in executive session, I ask unanimous 
consent that the injunction of secrecy be removed from the following 
treaties, which I will send to the desk, and that were transmitted to 
the Senate on March 12, 2004, by the President of the United States. I 
further ask unanimous consent 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. I now send 
that list to the desk.
  The list is as follows:

       Investment Protocol with Estonia (Treaty Doc. 108-17);
       Additional Investment Protocol with the Czech Republic 
     (Treaty Doc. 108-18);
       Additional Investment Protocol with the Slovak Republic 
     (Treaty Doc. 108-19);
       Additional Investment Protocol with the Latvia (Treaty Doc. 
     108-20);
       Additional Investment Protocol with Lithuania (Treaty Doc. 
     108-21); and
       Additional Protocol Concerning Business and Economic 
     Relations with Poland (Treaty Doc. 108-22).

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The messages of the President are as follows:
To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Protocol Between the Government 
of the United States of America and the Government of the Republic of 
Estonia to the Treaty for the Encouragement and Reciprocal Protection 
of Investment of April 19, 1994, signed at Brussels on October 24, 
2003. I transmit also, for the information of the Senate, the report of 
the Department of State with respect to this Protocol.
  I have already forwarded to the Senate similar Protocols for Romania 
and Bulgaria and now forward simultaneously to the Senate Protocols for 
the Czech Republic, Estonia, Latvia, Lithuania, Poland, and the Slovak 
Republic. Each of these Protocols is the result of an understanding the 
United States reached with the European Commission and these six 
countries that will join the European Union (EU) on May 1, 2004, as 
well as with Bulgaria and Romania, which are expected to join the EU in 
2007.
  The understanding is designed to preserve U.S. bilateral investment 
treaties (BITs) with each of these countries after their accession to 
the EU by establishing a framework acceptable to the European 
Commission for avoiding or remedying present and possible future 
incompatibilities between their BIT obligations and their future 
obligations of EU membership. It expresses the U.S. intent to amend the 
U.S. BITS, including the BIT with Estonia,

[[Page 4367]]

in order to eliminate incompatibilities between certain BIT obligations 
and EU law. It also establishes a framework for addressing any future 
incompatibilities that may arise as EU authority in the area of 
investment expands in the future, and endorses the principle of 
protecting existing U.S. investments from any future EU measures that 
may restrict foreign investment in the EU.
  The United States has long championed the benefits of an open 
investment climate, both at home and abroad. It is the policy of the 
United States to welcome market-driven foreign investment and to permit 
capital to flow freely to seek its highest return. This Protocol 
preserves the U.S. BIT with Estonia, with which the United States has 
an expanding relationship, and the protections it affords U.S. 
investors even after Estonia joins the EU. Without it, the European 
Commission would likely require Estonia to terminate its U.S. BIT upon 
accession because of existing and possible future incompatibilities 
between our current BIT and EU law.
  I recommend that the Senate consider this Protocol as soon as 
possible, and give its advice and consent to ratification at an early 
date.
                                                      George W. Bush.  
The White House, March 12, 2004.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Additional Protocol Between the 
United States of America and the Czech Republic to the Treaty Between 
the United States of America and the Czech and Slovak Federal Republic 
Concerning the Reciprocal Encouragement and Protection of Investment of 
October 22, 1991, signed at Brussels on December 10, 2003. I transmit 
also, for the information of the Senate, the report of the Department 
of State with respect to this Protocol.
  I have already forwarded to the Senate similar Protocols for Romania 
and Bulgaria and now forward simultaneously to the Senate Protocols for 
the Czech Republic, Estonia, Latvia, Lithuania, Poland, and the Slovak 
Republic. Each of these Protocols is the result of an understanding the 
United States reached with the European Commission and these six 
countries that will join the European Union (EU) on May 1, 2004, as 
well as with Bulgaria and Romania, which are expected to join the EU in 
2007.
  The understanding is designed to preserve U.S. bilateral investment 
treaties (BITs) with each of these countries after their accession to 
the EU by establishing a framework acceptable to the European 
Commission for avoiding or remedying present and possible future 
incompatibilities between their BIT obligations and their future 
obligations of EU membership. It expresses the U.S. intent to amend the 
U.S. BITs, including the BIT with the Czech Republic, in order to 
eliminate incompatibilities between certain BIT obligations and EU law. 
It also establishes a framework for addressing any future 
incompatibilities that may arise as EU authority in the area of 
investment expands in the future, and endorses the principle of 
protecting existing U.S. investments from any future EU measures that 
may restrict foreign investment in the EU.
  The United States has long championed the benefits of an open 
investment climate, both at home and abroad. It is the policy of the 
United States to welcome market-driven foreign investment and to permit 
capital to flow freely to seek its highest return. This Protocol 
preserves the U.S. BIT with the Czech Republic, with which the United 
States has an expanding relationship, and the protections it affords 
U.S. investors even after the Czech Republic joins the EU. Without it, 
the European Commission would likely require the Czech Republic to 
terminate its U.S. BIT upon accession because of existing and possible 
future incompatibilities between our current BIT and EU law.
  I recommend that the Senate consider this Protocol as soon as 
possible, and give its advice and consent to ratification at an early 
date.
                                                      George W. Bush.  
The White House, March 12, 2004.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Additional Protocol Between the 
United States of America and the Slovak Republic to the Treaty Between 
the United States of America and the Czech and Slovak Federal Republic 
Concerning the Reciprocal Encouragement and Protection of Investment of 
October 22, 1991, signed at Brussels on September 22, 2003. I transmit 
also, for the information of the Senate, the report of the Department 
of State with respect to this Protocol.
  I have already forwarded to the Senate similar Protocols for Romania 
and Bulgaria and now forward simultaneously to the Senate Protocols for 
the Czech Republic, Estonia, Latvia, Lithuania, Poland, and the Slovak 
Republic. Each of these Protocols is the result of an understanding the 
United States reached with the European Commission and these six 
countries that will join the European Union (EU) on May 1, 2004, as 
well as with Bulgaria and Romania, which are expected to join the EU in 
2007.
  The understanding is designed to preserve U.S. bilateral investment 
treaties (BITs) with each of these countries after their accession to 
the EU by establishing a framework acceptable to the European 
Commission for avoiding or remedying present and possible future 
incompatibilities between their BIT obligations and their future 
obligations of EU membership. It expresses the U.S. intent to amend the 
U.S. BITs, including the BIT with the Slovak Republic, in order to 
eliminate incompatibilities between certain BIT obligations and EU law. 
It also establishes a framework for addressing any future 
incompatibilities that may arise as EU authority in the area of 
investment expands in the future, and endorses the principle of 
protecting existing U.S. investments from any future EU measures that 
may restrict foreign investment in the EU.
  The United States has long championed the benefits of an open 
investment climate, both at home and abroad. It is the policy of the 
United States to welcome market-driven foreign investment and to permit 
capital to flow freely to seek its highest return. This Protocol 
preserves the U.S. BIT with the Slovak Republic, with which the United 
States has an expanding relationship, and the protections it affords 
U.S. investors even after the Slovak Republic joins the EU. Without it, 
the European Commission would likely require the Slovak Republic to 
terminate its U.S. BIT upon accession because of existing and possible 
future incompatibilities between our current BIT and EU law.
  I recommend that the Senate consider this Protocol as soon as 
possible, and give its advice and consent to ratification at an early 
date.
                                                      George W. Bush.  
The White House, March 12, 2004.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Additional Protocol Between the 
Government of the United States of America and the Government of the 
Republic of Latvia to the Treaty for the Encouragement and Reciprocal 
Protection of Investment of January 13, 1995, signed at Brussels on 
September 22, 2003. I transmit also, for the information of the Senate, 
the report of the Department of State with respect to this Protocol.
  I have already forwarded to the Senate similar Protocols for Romania 
and Bulgaria and now forward simultaneously to the Senate Protocols for 
the Czech Republic, Estonia, Latvia, Lithuania, Poland, and the Slovak 
Republic. Each of these Protocols is the result of an understanding the 
United States reached with the European Commission and these six 
countries that will join the European Union (EU) on May 1, 2004, as 
well as with Bulgaria and Romania, which are expected to join the EU in 
2007.
  The understanding is designed to preserve U.S. bilateral investment 
treaties

[[Page 4368]]

(BITs) with each of these countries after their accession to the EU by 
establishing a framework acceptable to the European Commission for 
avoiding or remedying present and possible future incompatibilities 
between their BIT obligations and their future obligations of EU 
membership. It expresses the U.S. intent to amend the U.S. BITs, 
including the BIT with Latvia, in order to eliminate incompatibilities 
between certain BIT obligations and EU law. It also establishes a 
framework for addressing any future incompatibilities that may arise as 
EU authority in the area of investment expands in the future, and 
endorses the principle of protecting existing U.S. investments from any 
future EU measures that may restrict foreign investment in the EU.
  The United States has long championed the benefits of an open 
investment climate, both at home and abroad. It is the policy of the 
United States to welcome market-driven foreign investment and to permit 
capital to flow freely to seek its highest return. This Protocol 
preserves the U.S. BIT with Latvia, with which the United States has an 
expanding relationship, and the protections it affords U.S. investors 
even after Latvia joins the EU. Without it, the European Commission 
would likely require Latvia to terminate its U.S. BIT upon accession 
because of existing and possible future incompatibilities between our 
current BIT and EU law.
  I recommend that the Senate consider this Protocol as soon as 
possible, and give its advice and consent to ratification at an early 
date.
                                                      George W. Bush.  
The White House, March 12, 2004.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of Senate to 
ratification, I transmit herewith the Additional Protocol Between the 
Government of the United States of America and the Government of the 
Republic of Lithuania to the Treaty for the Encouragement and 
Reciprocal Protection of Investment of January 14, 1998, signed at 
Brussels on September 22, 2003. I transmit also, for the information of 
the Senate, the report of the Department of State with respect to this 
Protocol.
  I have already forwarded to the Senate similar Protocols for Romania 
and Bulgaria and now forward simultaneously to the Senate Protocols for 
the Czech Republic, Estonia, Latvia, Lithuania, Poland, and the Slovak 
Republic. Each of these Protocols is the result of an understanding the 
United States reached with the European Commission and these six 
countries that will join the European Union (EU) on May 1, 2004, as 
well as with Bulgaria and Romania, which are expected to join the EU in 
2007.
  The understanding is designed to preserve U.S. bilateral investment 
treaties (BITs) with each of these countries after their accession to 
the EU by establishing a framework acceptable to the European 
Commission for avoiding or remedying present and possible future 
incompatibilities between their BIT obligations and their future 
obligations of EU membership. It expresses the U.S. intent to amend the 
U.S. BITs, including the BIT with Lithuania, in order to eliminate 
incompatibilities between certain BIT obligations and EU law. It also 
establishes a framework for addressing any future incompatibilities 
that may arise as EU authority in the area of investment expands in the 
future, and endorses the principle of protecting existing U. S. 
investments from any future EU measures that may restrict foreign 
investment in the EU.
  The United States has long championed the benefits of an open 
investment climate, both at home and abroad. It is the policy of the 
United States to welcome market-driven foreign investment and to permit 
capital to flow freely to seek its highest return. This Protocol 
preserves the U.S. BIT with Lithuania, with which the United States has 
an expanding relationship, and the protections it affords U.S. 
investors even after Lithuania joins the EU. Without it, the European 
Commission would likely require Lithuania to terminate its U.S. BIT 
upon accession because of existing and possible future 
incompatibilities between our current BIT and EU law.
  I recommend that the Senate consider this Protocol as soon as 
possible, and give its advice and consent to ratification at an early 
date.
                                                      George W. Bush.  
The White House, March 12, 2004.
                                  ____

To the Senate of the United States:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Additional Protocol Between the 
United States of America and the Republic of Poland to the Treaty 
Between the United States of America and the Republic of Poland 
Concerning Business and Economic Relations of March 21, 1990, signed at 
Brussels on January 12, 2004. I transmit also, for the information of 
the Senate, the report of the Department of State with respect to this 
Protocol.
  I have already forwarded to the Senate similar Protocols for Romania 
and Bulgaria and now forward simultaneously to the Senate Protocols for 
the Czech Republic, Estonia, Latvia, Lithuania, Poland, and the Slovak 
Republic. Each of these Protocols is the result of an understanding the 
United States reached with the European Commission and these six 
countries that will join the European Union (EU) on May 1, 2004, as 
well as with Bulgaria and Romania, which are expected to join the EU in 
2007.
  The understanding is designed to preserve U.S. bilateral investment 
treaties (BITs) with each of these countries after their accession to 
the EU by establishing a framework acceptable to the European 
Commission for avoiding or remedying present and possible future 
incompatibilities between their BIT obligations and their future 
obligations of EU membership. It expresses the U.S. intent to amend the 
U.S. BITs, including the BIT with Poland, in order to eliminate 
incompatibilities between certain BIT obligations and EU law. It also 
establishes a framework for addressing any future incompatibilities 
that may arise as EU authority in the area of investment expands in the 
future, and endorses the principle of protecting existing U.S. 
investments from any future EU measures that may restrict foreign 
investment in the EU.
  The United States has long championed the benefits of an open 
investment climate, both at home and abroad. It is the policy of the 
United States to welcome market-driven foreign investment and to permit 
capital to flow freely to seek its highest return. This Protocol 
preserves the U.S. BIT with Poland, with which the United States has an 
expanding relationship, and the protections it affords U.S. investors 
even after Poland joins the EU. Without it, the European Commission 
would likely require Poland to terminate its U.S. BIT upon accession 
because of existing and possible future incompatibilities between our 
current BIT and EU law.
  I recommend that the Senate consider this Protocol as soon as 
possible, and give its advice and consent to ratification at an early 
date.
                                                      George W. Bush.  
The White House, March 12, 2004.

                          ____________________