[Congressional Record (Bound Edition), Volume 152 (2006), Part 5]
[Senate]
[Page 5775]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

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                    TREATY ON THE MARPOL CONVENTION

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              TREATY ON MUTUAL LEGAL ASSISTANCE WITH JAPAN

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to executive session to consider the following treaties on 
today's Executive Calendar: No. 12 and 14.
  I further ask unanimous consent that the treaties be considered as 
having passed through the various parliamentary stages up to and 
including the presentation of the resolutions of ratification, that any 
statements be printed in the Record as if read, and the Senate take one 
vote on a resolution of ratification to be considered as separate 
votes; further, that when the resolutions of ratification are voted 
upon, the motion to reconsider be laid upon the table, the President be 
notified of the Senate's action, and that following the disposition of 
the treaties, the Senate return to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Mr. President, I ask for a division vote on the 
resolutions of ratification.
  The PRESIDING OFFICER. A division vote has been requested.
  Senators in favor of the ratification of these treaties, please rise.
  Those opposed will rise and stand until counted.
  With two-thirds of the Senators present having voted in the 
affirmative, the resolutions of ratification are agreed to.
  The resolutions of ratification are as follows:

    Protocol of 1997 Amending MARPOL Convention (Treaty Doc. 108-7)

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent Subject to 
     Understandings and Declaration.
       The Senate advises and consents to the ratification of the 
     Protocol of 1997 to Amend the International Convention for 
     the Prevention of Pollution from Ships, 1973, as modified by 
     the Protocol of 1978 Relating Thereto (hereinafter in this 
     resolution referred to as the ``Protocol of 1997''), signed 
     by the United States on December 22, 1998 (T. Doc. 108-7), 
     subject to the understandings and declaration in sections 2 
     and 3.
       Section 2. Understandings.
       The advice and consent of the Senate under section 1 is 
     subject to the following understandings, which shall be 
     included in the United States instrument of ratification:
       (1) The United States of America understands that the 
     Protocol of 1997 does not, as a matter of international law, 
     prohibit Parties from imposing, as a condition of entry into 
     their ports or internal waters, more stringent emission 
     standards or fuel oil requirements than those identified in 
     the Protocol.
       (2) The United States of America understands that 
     Regulation 15 applies only to safety aspects associated with 
     the operation of vapor emission control systems that may be 
     applied during cargo transfer operations between a tanker and 
     port-side facilities and to the requirements specified in 
     Regulation 15 for notification to the International Maritime 
     Organization of port State regulation of such systems.
       Section 3. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration, which shall be included 
     in the United States instrument of ratification:
       The United States of America notes that at the time of 
     adoption of the Protocol of 1997, the NOX emission 
     control limits contained in Regulation 13 were those agreed 
     as being achievable by January 1, 2000, on new marine diesel 
     engines, and further notes that Regulation 13(3)(b) 
     contemplated that new technology would become available to 
     reduce on-board NOX emissions below those limits. 
     As such improved technology is now available, the United 
     States expresses its support for an amendment to Annex VI, 
     that would, on an urgent basis, revise the agreed 
     NOX emission control limits contained in 
     Regulation 13 in keeping with new technological developments.

     Mutual Legal Assistance Treaty With Japan (Treaty Doc. 108-12)

       Resolved (two-thirds of the Senators present concurring 
     therein),
       The Senate advises and consents to the ratification of the 
     Treaty between the United States of America and Japan on 
     Mutual Legal Assistance in Criminal Matters, signed at 
     Washington on August 5, 2003 (Treaty Doc. 108-12).

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