[Congressional Record (Bound Edition), Volume 152 (2006), Part 16]
[Senate]
[Pages 21653-21654]
[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 transmitted to the Senate on September 29, 2006, by the 
President of the United States:
  Extradition Treaty with Latvia, Treaty Document No. 109-15;
  Extradition Treaty with Estonia, Treaty Document No. 109-16;
  Extradition Treaty with Malta, Treaty Document No. 109-17;
  Protocol Amending Tax Convention with Finland, Treaty Document No. 
109-18;
  Protocol Amending Tax Convention with Denmark, Treaty Document No. 
109-19;
  And Protocol Amending Tax Convention with Germany, Treaty Document 
No. 109-20.
  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:
  With a view to receiving the advice and consent of the Senate to 
ratification, I transmit herewith the Extradition Treaty between the 
United States of America and the Government of the Republic of Latvia, 
signed on December 7, 2005, at Riga. I also transmit, for the 
information of the Senate, the report of the Department of State with 
respect to the treaty.
  The new extradition treaty with Latvia would replace the outdated 
extradition treaty between the United States and Latvia, signed on 
October 16, 1923, at Riga, and the Supplementary Extradition Treaty, 
signed on October 10, 1934, at Washington. The treaty also fulfills the 
requirement for a bilateral instrument between the United States and 
each European Union (EU) Member State in order to implement the 
Extradition Agreement between the United States and the EU. Two other 
comprehensive new extradition treaties with EU Member States--Estonia 
and Malta--likewise also serve as the requisite bilateral instruments 
pursuant to the U.S.-EU Agreement, and therefore also are being 
submitted separately and individually.
  The treaty follows generally the form and content of other 
extradition treaties recently concluded by the United States. It would 
replace an outmoded list of extraditable offenses with a modern ``dual 
criminality'' approach, which would enable extradition for such 
offenses as money laundering and other newer offenses not appearing on 
the list. The treaty also contains a modernized ``political offense'' 
clause. It further provides that extradition shall not be refused based 
on the nationality of the person sought; in the past, Latvia has 
declined to extradite its nationals to the United States. A national 
who has been convicted in the courts of the other Party may request to 
be allowed to serve the resulting sentence in his state of nationality. 
Finally, the new treaty incorporates a series of procedural 
improvements to streamline and speed the extradition process.
  I recommend that the Senate give early and favorable consideration to 
the treaty.
                                                      George W. Bush.  
The White House, September 29, 2006.
                                  ____

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 Extradition Treaty between the 
United States of America and the Government of the Republic of Estonia, 
signed on February 8, 2006, at Tallinn. I also transmit, for the 
information the Senate, the report of the Department of State with 
respect to the treaty.
  The new extradition treaty with Estonia would replace the outdated 
extradition treaty between the United States and Estonia, signed on 
November 8, 1923, at Tallinn, and the Supplementary Extradition Treaty, 
signed on October 10, 1934, at Washington. The treaty also fulfills the 
requirement for a bilateral instrument between the United States and 
each European Union (EU) Member State in order to implement the 
Extradition Agreement between the United States and the EU. Two other 
comprehensive new extradition treaties with EU Member States--Latvia 
and Malta--likewise also serve as the requisite bilateral instruments 
pursuant to the U.S.-EU Agreement, and therefore also are being 
submitted separately and individually.
  The treaty follows generally the form and content of other 
extradition treaties recently concluded by the United States. It would 
replace an outmoded list of extraditable offenses with a modern ``dual 
criminality'' approach, which would enable extradition for such 
offenses as money laundering and other newer offenses not appearing on 
the list. The treaty also contains a modernized ``political offense'' 
clause. It further provides that extradition shall not be refused based 
on the nationality of the person sought; in the past, Estonia has 
declined to extradite its nationals to the United States. Finally, the 
new treaty incorporates a series of procedural improvements to 
streamline and speed the extradition process.
  I recommend that the Senate give early and favorable consideration to 
the treaty.
                                                      George W. Bush.  
The White House, September 29, 2006.
                                  ____

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 Extradition Treaty between the 
United States of America and the Government of Malta, signed on May 18, 
2006, at Valletta, that includes an exchange of letters that is an 
integral part of the treaty. I also transmit, for the information of 
the Senate, the report of the Department of State with respect to the 
treaty.
  The new extradition treaty with Malta would replace the outdated 
extradition treaty between the United States and Great Britain, signed 
on December 22, 1931, at London, and made

[[Page 21654]]

applicable to Malta on June 24, 1935. The treaty also fulfills the 
requirement for a bilateral instrument between the United States and 
each European Union (EU) Member State in order to implement the 
Extradition Agreement between the United States and the EU. Two other 
comprehensive new extradition treaties with EU Member States--Estonia 
and Latvia--likewise also serve as the requisite bilateral instruments 
pursuant to the U.S.-EU Agreement, and therefore also are being 
submitted separately and individually.
  The treaty follows generally the form and content of other 
extradition treaties recently concluded by the United States. It would 
replace an outmoded list of extraditable offenses with a modern ``dual 
criminality'' approach, which would enable extradition for such 
offenses as money laundering and other newer offenses not appearing on 
the list. The treaty also contains a modernized ``political offense'' 
clause. It further provides that extradition shall not be refused based 
on the nationality of a person sought for any of a comprehensive list 
of serious offenses; in the past, Malta has declined to extradite its 
nationals to the United States. Finally, the new treaty incorporates a 
series of procedural improvements to streamline and speed the 
extradition process.
  I recommend that the Senate give early and favorable consideration to 
the treaty.
                                                      George W. Bush.  
The White House, September 29, 2006.
                                  ____

To the Senate of the United States:
  I transmit herewith, for Senate advice and consent to ratification, a 
Protocol Amending the Convention Between the Government of the United 
States of America and the Government of the Republic of Finland for the 
Avoidance of Double Taxation and the Prevention of Fiscal Evasion with 
Respect to Taxes on Income and on Capital, signed at Helsinki May 31, 
2006 (the ``Protocol''). Also transmitted for the information of the 
Senate is the report of the Department of State with respect to the 
Protocol.
  The Protocol eliminates the withholding tax on certain cross-border 
dividend payments. Like a number of recent U.S. tax agreements, the 
proposed Protocol provides for the elimination of the withholding tax 
on dividends arising from certain direct investments and cross-border 
dividend payments to pension funds. The Protocol also eliminates the 
withholding tax on cross-border royalty payments. In addition, the 
protocol modernizes the Convention to bring it into closer conformity 
with current U.S. tax-treaty policy, including strengthening the 
treaty's provisions preventing so-called treaty shopping.
  I recommend that the Senate give early and favorable consideration to 
the Protocol and give its advice and consent to ratification.
                                                      George W. Bush.  
The White House, September 29, 2006.
                                  ____

To the Senate of the United States:
  I transmit herewith, for Senate advice and consent to ratification, a 
Protocol Amending 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 Copenhagen May 2, 2006 (the 
``Protocol''). A related exchange of notes is enclosed for the 
information of the Senate. Also transmitted for the information of the 
Senate is the report of the Department of State with respect to the 
Protocol.
  The Protocol eliminates the withholding tax on certain cross-border 
dividend payments. Like a number of recent U.S. tax agreements, the 
proposed Protocol provides for the elimination of the withholding tax 
on dividends arising from certain direct investments and cross-border 
dividend payments to pension funds. In addition, the Protocol 
modernizes the Convention to bring it into closer conformity with 
current U.S. tax-treaty policy, including strengthening the treaty's 
provisions preventing so-called treaty shopping.
  I recommend that the Senate give early and favorable consideration to 
the Protocol and give its advice and consent to ratification.
                                                      George W. Bush.  
The White House, September 29, 2006.
                                  ____

To the Senate of the United States:
  I transmit herewith, for Senate advice and consent to ratification, a 
Protocol Amending the Convention Between the United States of America 
and the Federal Republic of Germany for the Avoidance of Double 
Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on 
Income and Capital and to Certain Other Taxes, Signed on August 29, 
1989, signed at Berlin June 1, 2006 (the ``Protocol''), along with a 
related Joint Declaration. Also transmitted for the information of the 
Senate is the report of the Department of State with respect to the 
Protocol.
  The Protocol eliminates the withholding tax on certain cross-border 
dividend payments. Like a number of recent U.S. tax agreements, the 
proposed Protocol provides for the elimination of the withholding tax 
on dividends arising from certain direct investments and cross-border 
dividend payments to pension funds. The Protocol also provides for 
mandatory arbitration of certain cases before the competent 
authorities. This provision is the first of its kind in a U.S. tax 
treaty. In addition, the Protocol also modernizes the Convention to 
bring it into closer conformity with current U.S. tax-treaty policy, 
including strengthening the treaty's provisions preventing so-called 
treaty shopping.
  I recommend that the Senate give early and favorable consideration to 
the Protocol, along with the Joint Declaration and give its advice and 
consent to ratification.
                                                      George W. Bush.  
The White House, September 29, 2006.

                          ____________________