June 18, 2020 - Issue: Vol. 166, No. 113 — Daily Edition116th Congress (2019 - 2020) - 2nd Session

[Pages S3109-S3110]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NOS. 116-2, 116-3, 
                               AND 116-4

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
injunction of secrecy be removed from the following treaties 
transmitted to the Senate on June 18, 2020, by the President of the 
United States: Extradition Treaty with the Republic of Croatia, Treaty 
Document No. 116-2; Convention on the Suppression of Unlawful Acts 
Relating to International Civil Aviation, Treaty Document No. 116-3; 
Protocol Supplementary to the Convention for the Suppression of 
Unlawful Seizure of Aircraft, Treaty Document No. 116-4; I further ask 
that the treaties be considered as having been read the first time; 
that they be referred, with accompanying papers, to the Committee on 
Foreign Relations and ordered to be printed; and that the President's 
message be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The messages of the President are as follows
To the Senate of the United States:
  With a view to receiving advice and consent of the Senate to 
ratification, I transmit herewith the Agreement between the Government 
of the United States of America and the Government of the Republic of 
Croatia comprising the instrument as contemplated by Article 3(2) of 
the Agreement on Extradition between the United States of America and 
the European Union, signed June 25, 2003, as to the Application of the 
Treaty on Extradition signed on October 25, 1901 (the ``U.S.-Croatia 
Extradition Agreement''), and the Agreement between the Government of 
the United States and the Government of the Republic of Croatia 
comprising the Instrument as contemplated by Article 3(3) of the 
Agreement on Mutual Legal Assistance between the United States of 
America and the European Union signed at Washington on June 25, 2003 
(the ``U.S.-Croatia Mutual Legal Assistance Agreement''), both signed 
at Washington on December 10, 2019. I also transmit, for the 
information of the Senate, the report of the Department of State with 
respect to the U.S.-Croatia Extradition and Mutual Legal Assistance 
Agreements. Following Croatia's accession to the European Union on July 
1, 2013, these two agreements fulfill the requirements, in respect of 
Croatia, for implementing bilateral instruments between the United 
States and each member of the European Union contained in the 
Agreements on Extradition and Mutual Legal Assistance between the 
United States of America and the European Union, both of which entered 
into force on February 1, 2010.
  The U.S.-Croatia Extradition Agreement modernizes in important 
respects the Treaty between the United States of America and the 
Kingdom of Serbia for the Extradition of Fugitives from Justice, signed 
October 25, 1901 (the ``1901 Extradition Treaty''), which is currently 
in force between the United States of America and the Republic of 
Croatia. Most significantly, it replaces the outdated list of 
extraditable offenses with the modern ``dual criminality'' approach, 
thereby enabling coverage of newer offenses, such as cyber-related 
crimes, environmental offenses, and money laundering. In addition, it 
includes several provisions updating and streamlining procedural 
requirements for preparing and transmitting extradition documents.
  The U.S.-Croatia Mutual Legal Assistance Agreement formalizes and 
strengthens the institutional framework for legal assistance between 
the United States of America and the Republic of Croatia in criminal 
matters. Because the United States of America and the Republic of 
Croatia do not have a bilateral mutual legal assistance treaty in 
force, the U.S.-Croatia Mutual Legal Assistance Agreement is a partial 
treaty governing only those issues regulated by the U.S.-European Union 
Mutual Legal Assistance Agreement, specifically: identification of bank 
information, joint investigative teams, video-conferencing, expedited 
transmission of requests, assistance to administrative authorities, use 
limitations, confidentiality, and grounds for refusal. This approach is 
consistent with that taken with other European Union member states 
(Bulgaria, Denmark, Finland, Malta, Portugal, Slovak Republic, and 
Slovenia) with which the United States does not have an existing mutual 
legal assistance treaty.
  I recommend that the Senate give early and favorable consideration to 
the U.S.-Croatia Extradition Agreement and the U.S.-Croatia Mutual 
Legal Assistance Agreement.
                                                     Donald J. Trump.  
The White House, June 18, 2020.
                                  ____

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 Protocol Supplementary to the 
Convention for the Suppression of Unlawful Seizure of Aircraft (the 
``Beijing Protocol''), adopted by the International Civil Aviation 
Organization International Conference on Air Law (Diplomatic Conference 
on Aviation Security) in Beijing on September 10, 20l0, and signed by 
the United States on that

[[Page S3110]]

same date. I also transmit, for the information of the Senate, the 
report of the Department of State with respect to the Beijing Protocol.
  The Beijing Protocol is an important component of international 
efforts to prevent and punish terrorism targeting civil aviation. It 
supplements the Convention for the Suppression of Unlawful Seizure of 
Aircraft, done at The Hague on December l6, 1970 (the ``Hague 
Convention''), and fills several gaps in the existing international 
legal framework for combatting global terrorism. It will significantly 
advance cooperation between States Parties in the prevention of the 
full range of unlawful acts relating to civil aviation and in the 
prosecution and punishment of offenders.
  The Beijing Protocol amends the existing hijacking offense in the 
Hague Convention to cover hijackings that occur pre- or post-flight and 
addresses situations in which the offender may attempt to control an 
aircraft from outside of the aircraft, such as by remotely interfering 
with flight operation or data transmission systems. The Beijing 
Protocol requires States Parties to criminalize these acts under their 
domestic laws and to cooperate to prevent and investigate suspected 
crimes under the Beijing Protocol. It includes an ``extradite or 
prosecute'' obligation with respect to persons accused of committing, 
attempting to commit, conspiring to commit, or aiding in the commission 
of such offenses.
  Some changes to United States law will be needed for the United 
States to implement provisions of the Beijing Protocol, obligating the 
United States to criminalize certain offenses, make those offenses 
punishable by appropriate penalties, and authorize the assertion of 
jurisdiction over such offenses. Proposed legislation is being 
separately transmitted by my Administration to the Congress.
  I recommend that the Senate give early and favorable consideration to 
the Beijing Protocol, subject to a reservation and certain 
understandings that are described in the accompanying report of the 
Department of State.
                                                     Donald J. Trump.  
The White House, June 18, 2020.
                                  ____

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 Convention on the Suppression of 
Unlawful Acts Relating to International Civil Aviation (the ``Beijing 
Convention''), adopted by the International Civil Aviation Organization 
International Conference on Air Law (Diplomatic Conference on Aviation 
Security) in Beijing on September 10, 2010, and signed by the United 
States on that same date. I also transmit, for the information of the 
Senate, the report of the Department of State with respect to the 
Beijing Convention.
  The Beijing Convention is an important component of international 
efforts to prevent and punish both terrorism targeting civil aviation 
and the proliferation of weapons of mass destruction. As between 
parties to the Beijing Convention, it replaces and supersedes the 
Convention for the Suppression of Unlawful Acts Against the Safety of 
Civil Aviation, done at Montreal, September 23, 1971, and its 
supplementary protocol, the Protocol for the Suppression of Unlawful 
Acts of Violence at Airports Serving International Civil Aviation, done 
at Montreal, February 24, 1988. It significantly strengthens the 
existing international counterterrorism legal framework and facilitates 
the prosecution and extradition of those who seek to commit acts of 
terror, including acts such as those committed on September 11, 2001.
  The Beijing Convention establishes the first international treaty 
framework that criminalizes certain terrorist acts, including using an 
aircraft in a terrorist activity and certain acts relating to the 
transport of weapons of mass destruction or related materials by 
aircraft. The Beijing Convention requires States Parties to criminalize 
specified acts under their domestic laws and to cooperate to prevent 
and investigate suspected crimes under the Beijing Convention. It 
includes an ``extradite or prosecute'' obligation with respect to 
persons accused of committing, attempting to commit, conspiring to 
commit, or aiding in the commission of such offenses.
  Some changes to United States law will be needed for the United 
States to implement provisions of the Beijing Convention obligating the 
United States to criminalize certain offenses, make those offenses 
punishable by appropriate penalties, and authorize the assertion of 
jurisdiction over such offenses. Proposed legislation is being 
separately transmitted by my Administration to the Congress.
  I recommend that the Senate give early and favorable consideration to 
the Beijing Convention, subject to a reservation and certain 
understandings that are described in the accompanying report of the 
Department of State.
                                                     Donald J. Trump.  
The White House, June 18, 2020.

                          ____________________