    [Weekly Compilation of Presidential Documents Volume 33, Number 36 (Monday, September 8, 1997)]
    [Pages 1281-1282]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Message to the Senate Transmitting the Inter-American Convention on
    Mutual Assistance in Criminal Matters and Documentation

    September 3, 1997

     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 Inter-American Convention on
    Mutual Assistance in Criminal Matters (``the Convention''), adopted at
    the twenty-second regular session of the Organization of American States
    (OAS) General Assembly meeting in Nassau, The Bahamas, on May 23, 1992,
    and the Optional Protocol Related to the Inter-American Convention on
    Mutual Assistance in Criminal Matters (``the Protocol''), adopted at the
    twenty-third regular session of the OAS General Assembly meeting in
    Managua, Nicaragua, on June 11, 1993. Both of these instruments were
    signed on behalf of the United States at the OAS headquarters in
    Washington on January 10, 1995. In addition, for the information of the
    Senate, I transmit the report of the Department of State with respect to
    the Convention and the Protocol.
        When ratified, the Convention and the Protocol will constitute the
    first multilateral convention between the United States and other
    members of the OAS in the field of international judicial cooperation in
    criminal matters. The provisions of the Convention and Protocol are
    explained in the report of the Department of State that accompanies this
    message.
        The Convention and Protocol will establish a treaty-based system of
    judicial assistance in criminal matters analogous to that which exists
    bilaterally between the United States and a number of countries. These
    instruments should prove to be effective tools to assist in the
    prosecution of a wide variety of modern criminals, including members of
    drug cartels, ``white-collar'' criminals, and terrorists. The Convention
    and Protocol are self-executing, and will not require implementing
    legislation.
        The Convention provides for a broad range of cooperation in criminal
    matters. Mutual assistance available under the Convention includes: (1)
    taking testimony or statements of persons; (2) providing documents,
    records, and articles of evidence; (3) serving documents; (4) locating
    or identifying persons or items; (5) transferring persons in custody for
    testimony or other purposes; (6) executing requests for searches and
    seizures; (7) assisting in forfeiture proceedings; and (8) rendering any
    other form of assistance not prohibited by the laws of the Requested
    State.
        The Protocol was negotiated and adopted at the insistence of the
    United States Government, and will permit a greater measure of
    cooperation in connection with tax offenses. I believe that the
    Convention should not be ratified by the United States without the
    Protocol. If the Convention and Protocol are ratified, the instruments
    of ratification would be deposited simultaneously.
        One significant advantage of this Convention and Protocol is that
    they provide uniform procedures and rules for cooperation in criminal
    matters by all the states that become Party. In addition, the Convention
    and Protocol would obviate the expenditure of resources that would be
    required for the United States to negotiate and bring into force
    bilateral mutual assistance treaties with certain OAS member states.
        I recommend that the Senate give early and favorable consideration
    to the Convention and the Protocol, and that it gives its

    [[Page 1282]]

    advice and consent to ratification, subject to the understandings
    described in the accompanying report of the Department of State.
                                                William J. Clinton
    The White House,
    September 3, 1997.

    Note: This message was released by the Office of the Press Secretary on
    September 4.