    [Public Papers of the Presidents of the United States: William J. Clinton (1993, Book II)]
    [November 19, 1993]
    [Pages 2029-2030]
    [From the U.S. Government Publishing Office www.gpo.gov]

    [[Page 2029]]

    Message to the Congress Transmitting the Convention on Biological
    Diversity
    November 19, 1993

    To the Senate of the United States:
        I transmit herewith, for the advice and consent of the Senate to
    ratification, the Convention on Biological Diversity, with Annexes, done
    at Rio de Janeiro, June 5, 1992, and signed by the United States in New
    York on June 4, 1993. The report of the Department of State is also
    enclosed for the information of the Senate.
        The final text of the Convention was adopted in Nairobi by the
    Intergovernmental Negotiating Committee for a Convention on Biological
    Diversity (INC) on May 22, 1992. The INC was preceded by three technical
    meetings of an Ad Hoc Working Group of Experts on Biological Diversity
    and two meetings of an Ad Hoc Working Group of Legal and Technical
    Experts. Five sessions of the INC were held, from June 1991 to May 1992.
    The Convention was opened for signature at the United Nations Conference
    on Environment and Development in Rio de Janeiro on June 5, 1992.
        The Convention is a comprehensive agreement, addressing the many
    facets of biological diversity. It will play a major role in stemming
    the loss of the earth's species, their habitats, and ecosystems through
    the Convention's obligations to conserve biodiversity and sustainably
    use its components as well as its provisions that facilitate access to
    genetic resources and access to and transfer of technology so crucial to
    long-term sustainable development of the earth's biological resources.
    The Convention will also create a much needed forum for focusing
    international activities and setting global priorities on biological
    diversity.
        The objectives of the Convention as set forth therein are the
    conservation of biological diversity, the sustainable use of its
    components, and the fair and equitable sharing of benefits arising out
    of the utilization of genetic resources. These objectives are
    implemented through specific provisions that address, inter alia,
    identification and monitoring, in situ and ex situ conservation,
    sustainable use, research and training, public education and awareness,
    impact assessment, access to genetic resources, access to and transfer
    of technology, technical and scientific cooperation, handling of
    biotechnology and distribution of its benefits, and financing.
        Economic incentives will help all Parties achieve the environmental
    benefits of conservation and sustainable use of biological diversity.
    The Administration thus supports the concept that benefits stemming from
    the use of genetic resources should flow back to those nations that act
    to conserve biological diversity and provide access to their genetic
    resources. We will strive to realize this objective of the Convention.
    As recognized in the Convention, the adequate and effective protection
    of intellectual property rights is another important economic incentive
    that encourages the development of innovative technologies, improving
    all Parties' ability to conserve and sustainably use biological
    resources. The Administration will therefore strongly resist any actions
    taken by Parties to the Convention that lead to inadequate levels of
    protection of intellectual property rights, and will continue to pursue
    a vigorous policy with respect to the adequate and effective protection
    of intellectual property rights in negotiations on bilateral and
    multilateral trade agreements. In this regard, the report of the
    Department of State provides a detailed statement of the
    Administration's position on those provisions of the Convention that
    relate to intellectual property rights.
        Biological diversity conservation in the United States is addressed
    through a tightly woven partnership of Federal, State, and private
    sector programs in management of our lands and waters and their resident
    and migratory species. There are hundreds of State and Federal laws and
    programs and an extensive system of Federal and State wildlife refuges,
    marine sanctuaries, wildlife management areas, recreation areas, parks,
    and forests. These existing programs and authorities are considered
    sufficient to enable any activities necessary to effectively implement
    our responsibilities under the Convention. The Administration does not
    intend to disrupt the existing balance of Federal and State authorities
    through this Convention. Indeed, the Administration is committed to
    expanding and strengthening these relationships. We look forward to
    continued cooperation in conserving biological

    [[Page 2030]]

    diversity and in promoting the sustainable use of its components.
        The Convention will enter into force on December 29, 1993. Prompt
    ratification will demonstrate the United States commitment to the
    conservation and sustainable use of biological diversity and will
    encourage other countries to do likewise. Furthermore, in light of the
    rapid entry into force of the Convention, early ratification will best
    allow the United States to fully represent its national interest at the
    first Conference of the Parties.
        I recommend that the Senate give early and favorable consideration
    to this Convention and give its advice and consent to ratification,
    subject to the understandings described in the accompanying report of
    the Secretary of State.

                                                          William J. Clinton

    The White House,
    November 19, 1993.