[Congressional Record (Bound Edition), Volume 154 (2008), Part 16]
[Senate]
[Pages 22464-22465]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

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INTERNATIONAL CONVENTION ON CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON 
                              SHIPS, 2001

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               CCW PROTOCOL ON EXPLOSIVE REMNANTS OF WAR

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate proceed to executive session to consider the Calendar Nos. 24 
and 30, and that the treaties be considered as having advanced through 
the various parliamentary stages up to and including the presentation 
of the resolutions of ratification; that any committee understandings, 
declarations, and conditions, if applicable, be agreed to; that any 
statements be printed in the Record as if read; and that the Senate 
take one vote on the resolution of ratification; further, that when the 
resolutions of ratification are voted on, the motions to reconsider be 
considered made and laid on the table; the President be immediately 
notified of the Senate's action, and the Senate resume legislative 
session, all without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WHITEHOUSE. Mr. President, I ask for a division vote on the 
resolutions of ratification.
  The PRESIDING OFFICER. A division vote was been requested. Senators 
in favor of ratification of these treaties will rise and remain 
standing until counted.
  Those opposed will rise and stand until counted.
  On a division vote, two-thirds of the Senators present having voted 
in the affirmative, the resolutions of ratification are agreed to.
  The resolutions of ratification agreed to are as follows:

   Treaty Doc. 109-10(c)  CCW Protocol on Explosive Remnants of War 
                              (Protocol V)

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to an 
     understanding and a declaration
       The Senate advises and consents to the ratification of the 
     Protocol on Explosive Remnants of War to the Convention on 
     Prohibitions or Restrictions on the Use of Certain 
     Conventional Weapons Which May be Deemed to be Excessively 
     Injurious or to Have Indiscriminate Effects (Protocol V), 
     adopted at Geneva on November 28, 2003 (Treaty Doc. 109-
     10(C)), subject to the understanding of section 2 and the 
     declaration of section 3.
       Section 2. Understanding.
       The advice and consent of the Senate under section 1 is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       It is the understanding of the United States of America 
     that nothing in Protocol V would preclude future arrangements 
     in connection with the settlement of armed

[[Page 22465]]

     conflicts, or assistance connected thereto, to allocate 
     responsibilities under Article 3 in a manner that respects 
     the essential spirit and purpose of Protocol V.
       Section 3. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       With the exception of Articles 7 and 8, this Protocol is 
     self-executing. This Protocol does not confer private rights 
     enforceable in United States courts.

Treaty Doc. 110-13  International Convention on the Control of Harmful 
                     Anti-Fouling Systems on Ships

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent subject to two 
     declarations.
       The Senate advises and consents to the ratification of the 
     International Convention on the Control of Harmful Anti-
     Fouling Systems on Ships, adopted on October 5, 2001 (Treaty 
     Doc. 110-13), subject to the declaration of section 2 and the 
     declaration of section 3.
       Section 2. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration, which shall be included 
     in the instrument of ratification:
       The United States of America declares that, pursuant to 
     Article 16(2)(f)(ii)(3) of the Convention, amendments to 
     Annex 1 of the Convention shall enter into force for the 
     United States of America only after notification to the 
     Secretary-General of its acceptance with respect to such 
     amendments.
       Section 3. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       This Convention is not self-executing.

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