Treaty Res. 105-45
Resolution of advice and consent, Treaty Doc. 105-7
As approved:
Resolved (two-thirds of the Senators present concurring therein),
That the Senate advise and consent to the ratification of the Agreement between the Government of the United States of America and the Government of Hong Kong for the Transfer of Sentenced Persons, signed at Hong Kong on April 15, 1997 (Treaty Doc. 105-7), subject to the declaration of subsection (a), and the proviso of subsection (b).
(a) Declaration.¿ The Senate's advice and consent is subject to the following declaration, which shall be binding on the President:
Treaty Interpretation.¿ The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997.
(b) Proviso.¿ The resolution of ratification is subject to the following proviso, which shall not be included in the instrument of ratification to be signed by the President:
Supremacy of the Constitution.¿ Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.