[Weekly Compilation of Presidential Documents Volume 36, Number 36 (Monday, September 11, 2000)]
[Pages 2013-2014]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Message to the Senate Transmitting the Convention for the Unification of 
Certain Rules for International Carriage by Air With Documentation

September 6, 2000

To the Senate of the United States:

    I transmit herewith, for Senate advice and consent to ratification, 
the Convention for the Unification of Certain Rules for International 
Carriage by Air, done at Montreal May 28, 1999 (the ``Convention''). The 
report of the Department of State, including an article-by-article 
analysis, is enclosed for the information of the Senate in connection 
with its consideration of the Convention.
    I invite favorable consideration of the recommendation of the 
Secretary of State, as contained in the report provided herewith, that 
the Senate's advice and consent to the Convention be subject to a 
declaration on behalf of the United States, pursuant to Article 57(a) of 
the Convention, that the Convention shall not apply to international 
carriage by air performed and operated directly by the United States for 
noncommercial purposes in respect to its functions and duties as a 
sovereign State. Such a declaration is consistent with the declaration 
made by the United States under the Convention for the Unification of 
Certain Rules Relating to International Carriage by Air, done at Warsaw 
October 12, 1929, as amended (the ``Warsaw Convention'') and is 
specifically permitted by the terms of the new Convention.
    Upon entry into force for the United States, the Convention, where 
applicable, would supersede the Warsaw Convention, as amended by the 
Protocol to Amend the Warsaw Convention, done at Montreal September 25, 
1975 (``Montreal Protocol No. 4''), which entered into force for the 
United States on March 4, 1999. The Convention represents a vast 
improvement over the liability regime established under the Warsaw 
Convention and its related instruments, relative to passenger rights in 
the event of an accident. Among other benefits, the Convention 
eliminates the cap on carrier liability to accident victims; holds 
carriers strictly liable for proven damages up to 100,000 Special 
Drawing Rights (approximately $135,000) (Special Drawing Rights 
represent an artificial `basket' currency developed by the International 
Monetary Fund for internal accounting purposes to replace gold as a 
world standard); provides for U.S. jurisdiction for most claims brought 
on behalf of U.S. passengers; clarifies the duties and obligations of 
carriers engaged in code-share operations; and, with respect to cargo, 
preserves all of the significant advances achieved by Montreal Protocol 
No. 4.
    I recommend that the Senate give early and favorable consideration 
to this Convention and that the Senate give its advice and consent to 
ratification, subject to a declaration that the Convention shall not 
apply to

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international carriage by U.S. State aircraft, as provided for in the 
Convention.
                                            William J. Clinton
 The White House,
 September 6, 2000.