Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

110th Congress                                              Exec. Rept.
                                 SENATE
 2d Session                                                      110-13

======================================================================



 
                   MUTUAL LEGAL ASSISTANCE TREATIES 
                        WITH THE EUROPEAN UNION

                                _______
                                

               September 11, 2008.--Ordered to be printed

                                _______
                                

           Mr. Dodd, from the Committee on Foreign Relations,
                        submitted the following

                                 REPORT

     [To accompany Treaty Docs. 107-12, 109-13, 110-11, and 110-12]

    The Committee on Foreign Relations, to which was referred 
the Agreement on Mutual Legal Assistance between the United 
States of America and the European Union, signed at Washington 
on June 25, 2003 (Treaty Doc. 109-13), together with 27 
bilateral instruments subsequently signed with the Republic of 
Austria on July 20, 2005 (Treaty Doc. 109-13), the Kingdom of 
Belgium on December 16, 2004 (Treaty Doc. 109-13), the Republic 
of Bulgaria on September 19, 2007 (Treaty Doc. 110-12), the 
Republic of Cyprus on January 20, 2006 (Treaty Doc. 109-13), 
the Czech Republic on May 16, 2006 (Treaty Doc. 109-13), the 
Kingdom of Denmark on June 23, 2005 (Treaty Doc. 109-13), the 
Republic of Estonia on February 8, 2006 (Treaty Doc. 109-13), 
the Republic of Finland on December 16, 2004 (Treaty Doc. 109-
13), France on September 30, 2004 (Treaty Doc. 109-13), the 
Federal Republic of Germany on April 18, 2006 (Treaty Doc. 109-
13), the Hellenic Republic on January 18, 2006 (Treaty Doc. 
109-13), the Republic of Hungary on November 15, 2005 (Treaty 
Doc. 109-13), Ireland on July 14, 2005 (Treaty Doc. 109-13), 
the Italian Republic on May 3, 2006 (Treaty Doc. 109-13), the 
Republic of Latvia on December 7, 2005 (Treaty Doc. 109-13), 
the Republic of Lithuania on June 15, 2005 (Treaty Doc. 109-
13), the Grand Duchy of Luxembourg on February 1, 2005 (Treaty 
Doc. 109-13), Malta on May 18, 2006 (Treaty Doc. 109-13), the 
Kingdom of the Netherlands on September 29, 2004, with a 
related exchange of notes signed the same date (Treaty Doc. 
109-13), the Republic of Poland on June 9, 2006 (Treaty Doc. 
109-13), the Portuguese Republic on July 14, 2005 (Treaty Doc. 
109-13), Romania on September 10, 2007 (Treaty Doc. 110-11), 
the Slovak Republic on February 6, 2006 (Treaty Doc. 109-13), 
the Republic of Slovenia on October 17, 2005 (Treaty Doc. 109-
13), the Kingdom of Spain on December 17, 2004 (Treaty Doc. 
109-13), the Kingdom of Sweden on December 16, 2004 (Treaty 
Doc. 109-13), and the United Kingdom of Great Britain and 
Northern Ireland on December 16, 2004, with a related exchange 
of notes signed the same date (Treaty Doc. 109-13), along with 
the Treaty between the Government of the United States of 
America and the Government of Sweden on Mutual Legal Assistance 
in Criminal Matters, signed at Stockholm on December 17, 2001 
(the ``2001 Swedish MLAT'') (Treaty Doc. 107-12), having 
considered the same, reports favorably thereon with one 
declaration made with respect to each treaty, as indicated in 
the resolutions of advice and consent and recommends that the 
Senate give its advice and consent to ratification thereof, as 
set forth in this report and the accompanying resolutions of 
advice and consent.

                                CONTENTS

                                                                   Page

  I. Purpose..........................................................2
 II. Background and Summary...........................................2
III. Major Provisions.................................................4
 IV. Bilateral Instruments With 27 EU Member States...................8
  V. Entry Into Force.................................................9
 VI. Implementing Legislation........................................10
VII. Committee Action................................................10
VIII.Committee Recommendation and Comments...........................10

 IX. Resolutions of Advice and Consent to Ratification...............11

                               I. Purpose

    The purpose of these treaties, of which there are 29, is to 
modernize, strengthen, and expand on the U.S. mutual legal 
assistance relationship with the European Union (the ``EU'') 
and its Member States.

                       II. Background and Summary

    In order for the United States to successfully prosecute 
criminal activity that is transnational in scope, it is often 
necessary to obtain evidence or testimony from a witness in 
another country. While U.S. federal courts may issue subpoenas 
to U.S. nationals overseas, they lack the authority to subpoena 
foreign nationals found in other countries or the authority to 
subpoena evidence in a foreign country. In addition, 
effectuating service of a subpoena to U.S. persons abroad may 
prove difficult.
    In the absence of an applicable international agreement, 
the customary method for obtaining evidence or testimony in 
another country is via a ``letter rogatory,'' which tends to be 
an unreliable and time-consuming process. A ``letter rogatory'' 
is generally used to refer to a formal communication in writing 
that is sent by a court in which an action is pending to a 
court in a foreign country, requesting that certain evidence or 
the testimony of a person within the latter's jurisdiction be 
formally obtained for use in the requesting court's pending 
action. The State Department advises that the letter-rogatory 
process can often take a year or more and, unless undertaken 
pursuant to an international agreement, compliance is a matter 
of judicial discretion. Furthermore, the scope of foreign 
judicial assistance might also be limited by domestic 
information-sharing laws, such as bank and business secrecy 
laws, or be confined to evidence relating to pending cases 
rather than preliminary, administrative, or grand jury 
investigations conducted prior to the filing of formal charges. 
Mutual Legal Assistance Treaties (``MLATs'') are generally 
designed to overcome these problems.
    MLATs are international agreements that establish a formal, 
streamlined process by which States may gather information and 
evidence in other countries for use in criminal investigations 
and prosecutions. While the specific provisions of MLATs vary, 
they generally obligate treaty partners to take steps on behalf 
of a requesting treaty partner when certain conditions are met. 
MLATs typically contain provisions concerning the sharing of 
collected information between parties, locating and identifying 
persons and potential witnesses within the parties' 
territories, the taking of depositions and witness testimony, 
and the serving of subpoenas duces tecum on behalf of a 
requesting treaty party.\1\ Such provisions provide for the 
easier acquisition of evidence and testimony than via letters 
rogatory and do so in a manner designed to be compatible with 
the admissibility requirements of the requesting State's 
courts. MLATs also typically contain provisions concerning the 
allocation of costs between parties, the form and content of 
requests for legal assistance, the designation of national law 
enforcement agencies or officials responsible for treaty 
administration, and the grounds for which a treaty party may 
refuse to provide legal assistance. Increasingly, MLATs have 
been used as a tool to combat terrorism.
---------------------------------------------------------------------------
    \1\A subpoena duces tecum is a specific form of subpoena, also 
called a ``subpoena for the production of evidence.'' It is a subpoena 
issued by a court ordering the parties named to appear and to produce 
tangible evidence for use at a hearing or trial.
---------------------------------------------------------------------------
    The framework agreement on mutual legal assistance with the 
EU (the ``EU Framework Agreement'') requires EU Member States 
to amend and supplement their existing MLATs with the United 
States to include certain modern provisions on mutual legal 
assistance, if they have not already done so. If the United 
States has no existing MLAT with an EU Member State, that 
Member State is obligated to apply the provisions of the EU 
Framework Agreement through a new instrument, which would 
constitute a partial MLAT, in the sense that the instrument 
would include some, but not all, of the provisions generally 
found in a standard MLAT. The EU Framework Agreement 
additionally provides for enhanced cooperation on law 
enforcement matters between the United States and the European 
Union itself.
    In addition to an MLAT with Sweden, which was concluded 
prior to the EU Framework Agreement, there are 27 bilateral 
instruments covered by this report--one with every country in 
the EU, including Sweden. These 27 bilateral instruments 
effectively implement the EU Framework Agreement. Consistent 
with the EU Framework Agreement these instruments, if ratified, 
would create a new, albeit partial, treaty-based mutual legal 
assistance relationship with seven EU countries (Bulgaria, 
Denmark, Finland, Malta, Portugal, Slovakia, and Slovenia) with 
which we currently have no bilateral treaty-based mutual legal 
assistance relationship and would modernize the MLATs that the 
United States has already concluded with the remaining 20 EU 
countries (Austria, Belgium, Cyprus, Czech Republic, Estonia, 
France, Germany,\2\ Greece, Hungary, Ireland,\3\ Italy, Latvia, 
Lithuania, Luxembourg, Poland, Romania, Spain, Sweden,\4\ the 
Netherlands, and the United Kingdom).
---------------------------------------------------------------------------
    \2\ On October 14, 2003, the United States signed the Treaty 
between the United States of America and the Federal Republic of 
Germany on Mutual Legal Assistance in Criminal Matters. See Treaty Doc. 
108-27. This treaty was approved by the Senate on July 27, 2006, Exec. 
Rept. 109-14, but the executive branch has not yet exchanged with 
Germany the instruments of ratification. The committee has been 
informed that the executive branch intends to exchange the instruments 
and bring the treaty into force if and when these treaties are approved 
by the Senate.
    \3\On January 18, 2001, the United States signed the Agreement 
between the Government of the United States of America and the 
Government of Ireland on Mutual Legal Assistance in Criminal Matters. 
See Treaty Doc. 107-9. This treaty was approved by the Senate on 
November 14, 2002, Exec. Rept. 107-15, but the executive branch has not 
yet exchanged with Ireland the instruments of ratification. The 
committee has been informed that the executive branch intends to 
exchange the instruments and bring the treaty into force if and when 
the treaties discussed in this report are approved by the Senate.
    \4\On December 17, 2001, the United States signed the Treaty 
between Government of the United States of America and the Kingdom of 
Sweden on Mutual Legal Assistance in Criminal Matters (Treaty Doc. 107-
12) (the ``2001 Swedish MLAT''). Along with the other instruments 
covered by this report, the 2001 Swedish MLAT was ordered favorably 
reported by the committee on July 29, 2008. If ratified along with the 
2004 bilateral instrument with Sweden contained in Treaty Document 109-
13, the 2001 Swedish MLAT will be amended by the 2004 instrument and 
thereby brought into conformance with the EU Framework Agreement.
---------------------------------------------------------------------------

                         III. Major Provisions

    A detailed paragraph-by-paragraph analysis of these 
treaties may be found in the Letters of Submittal from the 
Secretary of State to the President on these instruments, which 
are reprinted in full in Treaty Documents 107-12, 109-13, 110-
11, and 110-12. What follows is a brief summary of some of the 
key provisions that would be incorporated into our bilateral 
treaty relationships with every EU Member State if not already 
incorporated through existing treaties, pursuant to the EU 
Framework Agreement.

Financial Information

    Bilateral MLATs between the United States and EU Member 
States do not currently contain provisions that provide for the 
identification of bank accounts and financial transactions of a 
person suspected of criminal activity. Law enforcement 
authorities in the United States and EU Member States have been 
hesitant to share such information during the course of a 
criminal investigation in the absence of an express obligation. 
That obligation would now be provided through the EU Framework 
Agreement consistent with recent changes in the law of the EU 
and the United States, and subject to certain limitations and 
guidelines designed to ensure that such information is 
requested and shared in a responsible way.
    Article 4 of the EU Framework Agreement requires the 
requested State to ascertain if any banks in its territory 
possess information on whether a person suspected or charged 
with a criminal offense is the holder of a bank account. States 
may, however, limit their obligation to provide such assistance 
to: 1) offenses punishable under the laws of both the requested 
and requesting States; 2) offenses punishable by a penalty 
involving deprivation of liberty or a detention order of a 
maximum period of at least four years in the requesting State 
and at least two years in the requested State; or 3) designated 
serious offenses punishable under the laws of both the 
requested and requesting States.\5\ In every bilateral 
instrument with an EU Member State, the assistance to be 
provided by the United States pursuant to Article 4 is 
consistently limited to requests that relate to terrorist and 
money laundering activity punishable in both the requesting 
State and the United States and to such criminal activity as 
may subsequently be agreed upon between the parties. Many, but 
not all, EU Member States have similarly limited the provision 
of their assistance to match the U.S. limitation.\6\
---------------------------------------------------------------------------
    \5\ See Article 4(4) of the EU Framework Agreement.
    \6\ See, e.g., the bilateral instrument with France, which states 
that ``France shall not invoke Article 4, paragraph 4, of the U.S.-EU 
Mutual Legal Assistance Agreement to limit the extent of its obligation 
to provide assistance.''
---------------------------------------------------------------------------
    Article 4 does not obligate parties to share, for example, 
the contents of a suspected account or the details of a 
relevant financial transaction. The procurement of such 
information would generally be controlled by an applicable 
bilateral MLAT between the requesting and requested State or, 
in the absence thereof, the requested State's domestic law. 
Moreover, all requests for information concerning accounts or 
transactions under Article 4(1) must include: 1) the identity 
of the person about which the request is being made; 2) 
sufficient information to enable the competent authority of the 
requested State to: a) reasonably suspect that the person 
concerned has engaged in a criminal offense and that banks or 
non-bank financial institutions in the territory of the 
requested State may have the information requested; and b) 
conclude that the information sought relates to the criminal 
investigation or proceeding; and 3) to the extent possible, 
information concerning which bank or non-bank financial 
institution may be involved, and other information the 
availability of which may aid in reducing the breadth of the 
inquiry.
    In response to committee questions regarding how this 
provision would be relied on in practice, the Department of 
Justice explained as follows:


          U.S. agents conducting a criminal investigation in 
        the United States may learn that subjects of the 
        investigation are using banks or other financial 
        institutions to further their illegal activities, but 
        may not know which foreign banks or institutions and 
        which accounts are being used. To further the 
        investigation, the agents would prepare a request 
        directed to an appropriate EU Member State, transmitted 
        through one of the designated U.S. law enforcement 
        agencies (FBI, DEA or ICE), requesting information as 
        to whether the subject of the investigation maintains 
        accounts at, or has conducted financial transactions 
        unrelated to accounts through, banks or financial 
        institutions in the EU Member State.

          The request for information would specify the 
        identity of the subject and the nature of the 
        investigation. If the request is directed to an EU 
        Member State that has limited the scope of its 
        assistance under this provision to terrorism and money 
        laundering offenses (to correspond with the limits of 
        U.S. assistance in reciprocal cases) then the U.S. 
        request must relate to an investigation into terrorism 
        or money laundering activities. If the request is 
        directed to an EU Member State that has defined its 
        obligations to assist more broadly, then the U.S. 
        investigation may be related to a broader scope of 
        criminal conduct, as permitted by the agreement with 
        that particular EU Member State. The request would also 
        provide factual information concerning the 
        investigation sufficient to lead the competent 
        authority in the EU Member State to reasonably suspect 
        that the subject of the investigation has engaged in 
        the criminal activity under investigation, that the 
        information sought relates to the matter under 
        investigation and that the banks or financial 
        institutions in the requested state may have the 
        information sought. To assist the EU Member State to 
        narrow the breadth of the inquiry, the U.S. request 
        would provide any specific information available to 
        investigators that identifies the relevant banks or 
        financial institutions or the transactions at issue.

          If the EU Member State concludes that it is 
        appropriate and possible to comply with the request, it 
        would undertake an inquiry through its financial sector 
        to retrieve the information sought and respond to the 
        request by either confirming that the suspected 
        transactions took place or that the suspected accounts 
        exist. They may also provide information identifying 
        the specific banks where the accounts are held, the 
        name of account holders and the corresponding account 
        numbers. No records of accounts or transactions would 
        be provided pursuant to this process. Because the 
        response received would only be information concerning 
        the existence of relevant accounts or transactions and 
        not records themselves, if the U.S. agents and 
        prosecutors conducting the investigation conclude that 
        the information is relevant and probative, they would 
        prepare a formal mutual legal assistance request 
        seeking the production of certified copies of the 
        relevant banking or financial records, so that the 
        records may be used at trial. This request for record 
        production would be submitted through the usual mutual 
        legal assistance channels in place between the United 
        States and the particular EU Member State (i.e., 
        through the applicable Mutual Legal Assistance Treaty 
        (MLAT) or by letter rogatory, if no MLAT is in force). 
        The MLAT or letter rogatory request would be reviewed 
        by the competent authority in the requested state to 
        determine whether the request meets the legal standards 
        for the production of the records sought. It is the 
        certified copies of the records received through the 
        MLAT process, rather than the information received 
        through article 4 of the US/EU Mutual Legal Assistance 
        Agreement, that will be used to prosecute a defendant.

Joint Investigative Teams

    In accordance with Article 5 of the EU Framework Agreement 
and as incorporated into the bilateral instruments, States 
would be authorized to create and operate joint investigative 
teams, comprised of investigating authorities from treaty 
partner countries for the purpose of facilitating criminal 
investigations or prosecutions involving one or more EU Member 
States and the United States where deemed appropriate by the 
relevant parties. This mechanism would significantly expand 
formal police-to-police contact between the parties and would 
improve a State's ability to work together directly with 
foreign counterparts to gather evidence and conduct 
investigations in another party's territory.

Facilitating Video Testimony

    Article 6 of the EU Framework Agreement requires the 
European Union and the United States to take measures to 
facilitate the taking of video testimony of experts and 
witnesses located in a requested State in proceedings for which 
mutual legal assistance is available.\7\ Obtaining the 
testimony of an individual located in another State through 
video conferencing may be easier and cheaper than having that 
person come to testify in the requesting State. Moreover, if 
the individual cannot appear in person in the requesting State, 
the only practical alternative available that would permit the 
testimony to be heard may be by video conferencing.
---------------------------------------------------------------------------
    \7\ Article 6 does not require States to accept video testimony in 
a proceeding. Article 6 simply provides that Parties ``shall take such 
measures as may be necessary to enable the use of video transmission 
technology between the United States of America and each Member State 
for taking testimony in a proceeding for which mutual legal assistance 
is available.''
---------------------------------------------------------------------------
    Article 6(4) of the EU Framework Agreement additionally 
specifies that States are obligated to impose criminal 
penalties for intentionally false statements made during video 
conference testimony in their territories in the same manner as 
if such statements had been made in their domestic 
proceedings.\8\ This obligation is without prejudice to the 
requesting State also criminalizing such conduct.
---------------------------------------------------------------------------
    \8\ The United States already does this.  See the State 
Department's Letter of Submittal in Treaty Doc. 109-13 at XIII. In 
brief, any case in which the United States has been requested to 
facilitate the taking of video testimony from a witness or expert 
located in the United States on behalf of a foreign country is a U.S. 
proceeding and under U.S. law, penalties for perjury, obstruction of 
justice or contempt of court are applicable.
---------------------------------------------------------------------------

Modern Technology

    Article 7 of the EU Framework Agreement serves to expedite 
communications related to legal assistance. With these treaties 
in force, States Parties would be authorized to use modern 
technology (such as fax and e-mail) in making requests for 
legal assistance in order to expedite the transmission of 
requests, so long as a formal confirmation follows when 
required by the requested State.\9\ Typically requests for 
mutual legal assistance must be made formally (i.e., by 
presentation of the signed written document), a requirement 
that is frequently inefficient, particularly if there is an 
urgent need for legal assistance.
---------------------------------------------------------------------------
    \9\ See Article 7 of the EU Framework Agreement.
---------------------------------------------------------------------------

Legal Assistance to Administrative Authorities

    Most existing MLATs provide for legal cooperation between 
States Parties' national law enforcement authorities 
responsible for the investigation and prosecution of criminal 
activities, but do not establish a clear obligation to assist 
States Parties' administrative or regulatory authorities. 
Article 8 represents an expansion of this general practice, 
permitting legal assistance to be provided to a requesting 
State's national administrative authorities which, acting under 
specific administrative or regulatory authority, are 
investigating conduct with a view to 1) criminal prosecution or 
2) referral for criminal investigation or prosecution.
    By providing for mutual legal assistance to administrative 
agencies that are investigating conduct with a view towards 
referring it to the appropriate law enforcement authorities, 
the EU Framework Agreement enables mutual legal assistance to 
be given at an earlier stage in a criminal investigation than 
would otherwise be possible under many bilateral MLATs. The 
United States and the EU are, however, required to take 
measures to avoid the imposition of ``extraordinary burdens'' 
upon requested States through the application of Article 8.
    This development would provide significant advantages to 
U.S. regulatory authorities, including the Securities and 
Exchange Commission, the Commodities Futures Trading 
Commission, and the Federal Trade Commission, which have 
statutory authority to conduct investigations with a view to 
subsequent referral to the Department of Justice for criminal 
prosecution.

Subsequent Use of Information

    Legal assistance acquired through MLATs typically is used 
for the purpose of ongoing criminal investigations and 
prosecutions. On occasion, a State may make its assistance 
contingent upon any evidence obtained by a requesting State 
being used only for particular purposes, such as a specific 
criminal investigation. There have also been concerns that data 
privacy regimes might inappropriately create impediments to 
legal assistance.
    Article 9(1) of the EU Framework Agreement permits the 
requesting State to use evidence or information it has obtained 
from the requested State for a fairly broad list of purposes: 
1) its criminal investigations and proceedings; 2) for 
preventing an immediate and serious threat to its public 
security; 3) for non-criminal judicial or administrative 
proceedings directly related to its criminal investigations; 4) 
for non-criminal judicial or administrative proceedings for 
which assistance was provided under Article 8; and 5) for any 
other purpose if the information or evidence was made public 
within the framework of the proceedings for which it was 
transmitted or pursuant to the above permissible uses. Other 
uses of the evidence or information require the prior consent 
of the requested State. Article 9 does not, however, preclude 
the requested State from imposing additional conditions where 
the particular request for assistance could not be granted in 
the absence of such conditions. Article 9 further provides that 
generic restrictions with respect to the legal standards in the 
requesting State for processing personal data may not be 
imposed by the requested State as a condition. Refusal of 
assistance on data protection grounds would only be permissible 
in exceptional cases when ``upon balancing the important 
interests involved in the particular case . . . furnishing the 
specific data sought by the requesting State would raise 
difficulties so fundamental as to be considered by the 
requested State to fall within the essential interests grounds 
for refusal.'' \10\
---------------------------------------------------------------------------
    \10\ EU Framework Agreement, Explanatory Note, Treaty Doc. 109-13 
at p. 27.
---------------------------------------------------------------------------

           IV. Bilateral Instruments With 27 EU Member States

    In the same submittal as the EU Framework Agreement, there 
are 25 bilateral instruments with EU Member States that amend 
existing, or provide new, bilateral MLATs. These include modern 
provisions on mutual legal assistance contained in the EU 
Framework Agreement described above. The countries covered in 
this submittal are as follows: Austria (amending the 1995 MLAT 
with Austria);\11\ Belgium (amending the 1988 MLAT with 
Belgium);\12\ Cyprus (amending the 1999 MLAT with Cyprus);\13\ 
Czech Republic (amending the 1998 MLAT with the Czech 
Republic);\14\ Denmark; Estonia (amending the 1998 MLAT with 
Estonia);\15\ Finland; France (amending the 1998 MLAT with 
France);\16\ Germany (amending the 2003 MLAT with Germany, 
which the Senate has approved but the executive branch has not 
yet brought into force);\17\ Greece (amending the 1999 MLAT 
with Greece);\18\ Hungary (amending the 1994 MLAT with 
Hungary);\19\ Ireland (amending the 2001 MLAT with Ireland, 
which the Senate has approved but the executive branch has not 
brought into force);\20\ Italy (amending the 1982 MLAT with 
Italy);\21\ Latvia (amending the 1997 MLAT with Latvia);\22\ 
Lithuania (amending the 1998 MLAT with Lithuania);\23\ 
Luxembourg (amending the 1997 MLAT with Luxembourg);\24\ Malta; 
The Netherlands (amending the 1981 MLAT with the 
Netherlands);\25\ Poland (amending the 1996 MLAT with 
Poland);\26\ Portugal; Slovak Republic; Slovenia; Spain 
(amending the 1990 MLAT with Spain);\27\ Sweden (amending the 
2001 MLAT with Sweden, which is also the subject of this 
report);\28\ and the United Kingdom (amending the 1994 U.S.-
U.K. MLAT).\29\
---------------------------------------------------------------------------
    \11\Treaty Doc. 104-21.
    \12\Treaty Doc. 100-16.
    \13\Treaty Doc. 106-35.
    \14\Treaty Doc. 105-47.
    \15\Treaty Doc. 105-52.
    \16\Treaty Doc. 106-17.
    \17\Treaty Doc. 108-27.
    \18\Treaty Doc. 106-18.
    \19\Treaty Doc. 104-20.
    \20\Treaty Doc. 107-9.
    \21\Treaty Doc. 98-25.
    \22\Treaty Doc. 105-34.
    \23\Treaty Doc. 105-41.
    \24\Treaty Doc. 105-11.
    \25\Treaty Doc. 97-16.
    \26\Treaty Doc. 105-12.
    \27\Treaty Doc. 102-21.
    \28\Treaty Doc. 107-12.
    \29\Treaty Doc. 104-2.
---------------------------------------------------------------------------
    The three remaining bilateral EU Member State treaties 
covered by this report were submitted to the Senate in separate 
treaty documents as follows: 1) The 2001 Swedish MLAT,\30\ 
which is a fairly comprehensive MLAT with Sweden that will be 
amended by the bilateral instrument included in the EU 
transmittal as described above; 2) The Protocol to the MLAT 
with Romania,\31\ which would amend the 1999 U.S.-Romania MLAT 
currently in force;\32\ and 3) The Agreement on Certain Aspects 
of Mutual Assistance with Bulgaria.\33\
---------------------------------------------------------------------------
    \30\Treaty Doc. 107-12.
    \31\Treaty Doc. 110-11.
    \32\Treaty Doc. 106-20.
    \33\Treaty Doc. 110-12.
---------------------------------------------------------------------------

                          V. Entry Into Force

    In accordance with Article 18, the EU Framework Agreement 
shall enter into force on the first day following the third 
month after the date on which the United States and the EU have 
exchanged instruments indicating that they have completed their 
internal procedures for this purpose. With the exception of the 
2001 Swedish MLAT and the supplementary treaty with Germany, 
the remaining bilateral instruments with EU Member States shall 
enter into force on the date of entry into force of the EU 
Framework Agreement. The 2001 Swedish MLAT shall enter into 
force on the first day of the second month after the United 
States and Sweden exchange the instruments of ratification. The 
supplementary treaty with Germany shall enter into force on the 
date of entry into force of the 2003 MLAT with Germany.

                      VI. Implementing Legislation

    These treaties, which are self-executing, will be 
implemented by the United States in conjunction with applicable 
federal statutes, including 18 U.S.C. Sec. 1782. No additional 
legislation is needed for the United States to fulfill its 
obligations under these treaties.

                         VII. Committee Action

    The committee held a public hearing on these treaties on 
May 20, 2008. Testimony was received from Susan Biniaz, Deputy 
Legal Adviser at the Department of State and Bruce Swartz, 
Deputy Assistant Attorney General for the Criminal Division at 
the Department of Justice. A transcript of this hearing is 
annexed to Executive Report 110-12.
    On July 29, 2008, the committee considered these treaties 
and ordered them favorably reported by voice vote, with a 
quorum present and without objection.

              VIII. Committee Recommendation and Comments

    Countries in the European Union are among the United 
States' closest law enforcement partners in efforts to combat 
terrorism and transnational crime. MLATs facilitate these 
efforts at a time when such cooperation is increasingly 
important to the successful prosecution of crimes that threaten 
the safety and security of Americans and Europeans. The 
Department of Justice has testified to the increasing number 
and complexity of mutual legal assistance requests flowing 
between the United States and the European Union. These 
treaties will enable U.S. cooperation with the EU and its 
Member States to be more efficient and effective, as well as 
broader in scope. These treaties would also establish a new, 
albeit partial, treaty-based mutual legal assistance 
relationship with several EU countries with which we currently 
have no such relationship. The Committee on Foreign Relations 
believes that these treaties, if ratified, would thus 
facilitate U.S. efforts in fighting terrorism and transnational 
crime. Accordingly, the committee urges the Senate to act 
promptly to give advice and consent to ratification of these 
treaties, as set forth in this report and the accompanying 
resolution of advice and consent.

                              RESOLUTIONS

    The committee has included in each resolution of advice and 
consent one declaration, which is the same for each treaty and 
is discussed below.

Declaration

    In every resolution of advice and consent, the committee 
has included a proposed declaration, which states that each 
treaty is self-executing. This declaration is consistent with 
statements made in the Letters of Submittal from the Secretary 
of State to the President on each of these instruments\34\ and 
with the historical practice of the committee in approving 
mutual legal assistance treaties.\35\ Such a statement, while 
usually included in the documents associated with treaties 
submitted to the Senate by the executive branch and committee 
reports, is not generally included in resolutions of advice and 
consent. The committee, however, has determined that a clear 
statement in the Resolution is warranted in light of the recent 
Supreme Court decision, Medellin v. Texas, 128 S.Ct. 1346 
(2008). A further discussion of the committee's views on this 
matter can be found in Section VIII of Exec. Rept. 110-12.
---------------------------------------------------------------------------
    \34\ Treaty Doc. 107-12 at p. V (stating that ``[t]he Treaty is 
designed to be self-executing and will not require implementing 
legislation.''); Treaty Doc. 109-13 at p. VII (stating that ``[t]he 
U.S.-E.U. Mutual Legal Assistance Agreement and bilateral instruments 
are regarded as self-executing treaties under U.S. law . . . .''); 
Treaty Doc. 110-11 at p. V. (stating that the instrument ``[i]s self-
executing and will not require implementing legislation.''); Treaty 
Doc. 110-12 at p. V (stating that the instrument ``[i]s self-executing 
and will not require implementing legislation.'').
    \35\The committee has consistently expressed the view that mutual 
legal assistance treaties are self-executing. See, e.g., Exec. Rept. 
107-15 at p. 6 (stating that ``[i]it is anticipated that, for the 
United States, the [Mutual Legal Assistance Treaty with Belize] will be 
self-executing.''); and Exec. Rept. 109-14 at p. 6 (stating that 
``[t]he committee notes that the provisions of the [Mutual Legal 
Assistance Treaties with Germany and Japan] are self-executing.''). 
Consistent with existing U.S. MLATs, neither the EU Framework Agreement 
nor any of the bilateral instruments between the United States and EU 
Member States gives rise to a right on the part of any private person 
to obtain, suppress, or exclude any evidence, or to impede the 
execution of a request, nor expand or limit rights otherwise available 
under domestic law.
---------------------------------------------------------------------------

         XI. Resolutions of Advice and Consent to Ratification


   AGREEMENT ON MUTUAL LEGAL ASSISTANCE BETWEEN THE UNITED STATES OF 
                     AMERICA AND THE EUROPEAN UNION

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Agreement on Mutual Legal Assistance between the United States 
of America and the European Union, signed at Washington on June 
25, 2003, with a related Explanatory Note (Treaty Doc. 109-13), 
subject to the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


 MUTUAL LEGAL ASSISTANCE PROTOCOL BETWEEN THE UNITED STATES OF AMERICA 
                      AND THE REPUBLIC OF AUSTRIA

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Protocol to the Treaty between the Government of the United 
States of America and the Government of the Republic of Austria 
on Mutual Legal Assistance Matters signed February 23, 1995, as 
contemplated by Article 3(2) of the Agreement on Mutual Legal 
Assistance between the United States of America and the 
European Union signed June 25, 2003, signed at Vienna on July 
20, 2005 (Treaty Doc. 109-13), subject to the declaration of 
section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                       AND THE KINGDOM OF BELGIUM

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument as contemplated by Article 3(2) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union signed June 25, 2003, as to the 
application of the Treaty between the United States of America 
and the Kingdom of Belgium on Mutual Legal Assistance in 
Criminal Matters signed January 28, 1988, signed at Brussels on 
December 16, 2004 (Treaty Doc. 109-13), subject to the 
declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


  AGREEMENT ON CERTAIN ASPECTS OF MUTUAL LEGAL ASSISTANCE IN CRIMINAL 
   MATTERS BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF 
                                BULGARIA

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Agreement on Certain Aspects of Mutual Legal Assistance in 
Criminal Matters between the Government of the United States of 
America and the Government of the Republic of Bulgaria, signed 
at Sofia on September 19, 2007 (Treaty Doc. 110-12), subject to 
the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                       AND THE REPUBLIC OF CYPRUS

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument as contemplated by Article 3(2) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union signed June 25, 2003, as to the 
application of the Treaty between the Government of the United 
States of America and the Government of the Republic of Cyprus 
on Mutual Legal Assistance in Criminal Matters signed December 
20, 1999, signed at Nicosia on January 20, 2006 (Treaty Doc. 
109-13), subject to the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


  SUPPLEMENTARY TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS 
      BETWEEN THE UNITED STATES OF AMERICA AND THE CZECH REPUBLIC

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Supplementary Treaty on Mutual Legal Assistance in Criminal 
Matters between the United States of America and the Czech 
Republic, signed at Prague on May 16, 2006 (Treaty Doc. 109-
13), subject to the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                       AND THE KINGDOM OF DENMARK

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument between the Kingdom of Denmark and the United States 
of America as contemplated by Article 3(3) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union signed June 25, 2003, signed at 
Copenhagen on June 23, 2005 (Treaty Doc. 109-13), subject to 
the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                      AND THE REPUBLIC OF ESTONIA

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument as contemplated by Article 3(2) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union signed June 25, 2003, as to the 
application of the Treaty between the Government of the United 
States of America and the Government of the Republic of Estonia 
on Mutual Legal Assistance in Criminal Matters signed April 2, 
1998, signed at Tallinn on February 8, 2006 (Treaty Doc. 109-
13), subject to the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE TREATY BETWEEN THE UNITED STATES OF AMERICA AND 
                        THE REPUBLIC OF FINLAND

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Treaty on Certain Aspects of Mutual Legal Assistance in 
Criminal Matters between the United States of America and the 
Republic of Finland, signed at Brussels on December 16, 2004 
(Treaty Doc. 109-13), subject to the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                               AND FRANCE

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument as contemplated by Article 3, paragraph 2, of the 
Agreement on Mutual Legal Assistance between the United States 
of America and the European Union signed June 25, 2003, as to 
the application of the Treaty on Mutual Legal Assistance in 
Criminal Matters between the United States of America and 
France signed December 10, 1998, signed at The Hague on 
September 30, 2004 (Treaty Doc. 109-13), subject to the 
declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


  SUPPLEMENTARY TREATY ON MUTUAL LEGAL ASSISTANCE BETWEEN THE UNITED 
         STATES OF AMERICA AND THE FEDERAL REPUBLIC OF GERMANY

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Supplementary Treaty to the Treaty between the United States of 
America and the Federal Republic of Germany on Mutual Legal 
Assistance in Criminal Matters, signed at Washington on April 
18, 2006 (Treaty Doc. 109-13), subject to the declaration of 
section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


   PROTOCOL ON MUTUAL LEGAL ASSISTANCE BETWEEN THE UNITED STATES OF 
                   AMERICA AND THE HELLENIC REPUBLIC

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Protocol to the Treaty between the Government of the United 
States of America and the Government of the Hellenic Republic 
on Mutual Legal Assistance in Criminal Matters, signed May 26, 
1999, as contemplated by Article 3(2) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union, signed June 25, 2003, signed at 
Washington on January 18, 2006 (Treaty Doc. 109-13), subject to 
the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


   PROTOCOL ON MUTUAL LEGAL ASSISTANCE BETWEEN THE UNITED STATES OF 
                  AMERICA AND THE REPUBLIC OF HUNGARY

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Protocol to the Treaty between the Government of the United 
States of America and the Government of the Republic of Hungary 
on Mutual Legal Assistance in Criminal Matters signed December 
1, 1994, as contemplated by Article 3(2) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union signed June 25, 2003, signed at Budapest 
on November 15, 2005 (Treaty Doc. 109-13), subject to the 
declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                              AND IRELAND

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument as contemplated by Article 3(2) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union signed June 25, 2003, as to the 
application of the Treaty between the Government of the United 
States of America and the Government of Ireland on Mutual Legal 
Assistance in Criminal Matters signed January 18, 2001, signed 
at Dublin on July 14, 2005 (Treaty Doc. 109-13), subject to the 
declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                        AND THE ITALIAN REPUBLIC

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument as contemplated by Article 3(2) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union signed June 25, 2003, as to the 
application of the Treaty between the United States of America 
and the Italian Republic on Mutual Assistance in Criminal 
Matters signed November 9, 1982, signed at Rome on May 3, 2006 
(Treaty Doc. 109-13), subject to the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


 MUTUAL LEGAL ASSISTANCE PROTOCOL BETWEEN THE UNITED STATES OF AMERICA 
                       AND THE REPUBLIC OF LATVIA

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Protocol to the Treaty between the Government of the United 
States of America and the Government of the Republic of Latvia 
on Mutual Legal Assistance in Criminal Matters, signed at Riga 
on December 7, 2005 (Treaty Doc. 109-13), subject to the 
declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


 MUTUAL LEGAL ASSISTANCE PROTOCOL BETWEEN THE UNITED STATES OF AMERICA 
                     AND THE REPUBLIC OF LITHUANIA

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Protocol on the application of the Agreement on Mutual Legal 
Assistance between the United States of America and the 
European Union to the Treaty between the Government of the 
United States of America and the Government of the Republic of 
Lithuania on Mutual Legal Assistance in Criminal Matters, 
signed at Brussels on June 15, 2005 (Treaty Doc. 109-13), 
subject to the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                   AND THE GRAND DUCHY OF LUXEMBOURG

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument as contemplated by Article 3, paragraph 2(a) of the 
Agreement on Mutual Legal Assistance between the United States 
of America and the European Union signed June 25, 2003, as to 
the application of the Treaty between the Government of the 
United States of America and the Government of the Grand Duchy 
of Luxembourg on Mutual Legal Assistance in Criminal Matters 
signed March 13, 1997, signed at Washington on February 1, 2005 
(Treaty Doc. 109-13), subject to the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE TREATY BETWEEN THE UNITED STATES OF AMERICA AND 
                                 MALTA

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Treaty on Certain Aspects of Mutual Legal Assistance in 
Criminal Matters between the Government of the United States of 
America and the Government of Malta, signed at Valletta on May 
18, 2006 (Treaty Doc. 109-13), subject to the declaration of 
section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA 
                   AND THE KINGDOM OF THE NETHERLANDS

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Agreement comprising the Instrument as contemplated by Article 
3(2) of the Agreement on Mutual Legal Assistance between the 
United States of America and the European Union signed at 
Washington on June 25, 2003, as to the application of the 
Treaty between the United States of America and the Kingdom of 
the Netherlands on Mutual Assistance in Criminal Matters signed 
at The Hague on June 12, 1981, signed at The Hague on September 
29, 2004, with a related exchange of notes signed the same date 
(Treaty Doc. 109-13), subject to the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA 
                       AND THE REPUBLIC OF POLAND

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Agreement between the United States of America and the Republic 
of Poland on the Application of the Treaty between the United 
States of America and the Republic of Poland on Mutual Legal 
Assistance in Criminal Matters signed July 10, 1996, pursuant 
to Article 3(2) of the Agreement on Mutual Legal Assistance 
between the United States of America and the European Union 
signed at Washington June 25, 2003, signed at Warsaw on June 9, 
2006 (Treaty Doc. 109-13), subject to the declaration of 
section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                      AND THE PORTUGUESE REPUBLIC

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument between the United States of America and the 
Portuguese Republic as contemplated by Article 3(3) of the 
Agreement on Mutual Legal Assistance between the United States 
of America and the European Union signed June 25, 2003, signed 
at Washington on July 14, 2005 (Treaty Doc. 109-13), subject to 
the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


 PROTOCOL TO THE TREATY ON MUTUAL LEGAL ASSISTANCE BETWEEN THE UNITED 
                     STATES OF AMERICA AND ROMANIA

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Protocol to the Treaty between the United States of America and 
Romania on Mutual Legal Assistance in Criminal Matters signed 
in Washington on May 26, 1999, signed at Bucharest on September 
10, 2007 (Treaty Doc. 110-11), subject to the declaration of 
section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                        AND THE SLOVAK REPUBLIC

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument between the United States of America and the Slovak 
Republic, as contemplated by Article 3(3) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union signed June 25, 2003, signed at 
Bratislava on February 6, 2006 (Treaty Doc. 109-13), subject to 
the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA 
                      AND THE REPUBLIC OF SLOVENIA

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Agreement between the Government of the United States of 
America and the Government of the Republic of Slovenia 
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, signed at Ljubljana on October 17, 2005 
(Treaty Doc. 109-13), subject to the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                        AND THE KINGDOM OF SPAIN

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument as contemplated by Article 3(2) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union signed June 25, 2003, as to the 
application of the Treaty on Mutual Legal Assistance in 
Criminal Matters between the United States of America and the 
Kingdom of Spain signed November 20, 1990, signed at Madrid on 
December 17, 2004 (Treaty Doc. 109-13), subject to the 
declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


 TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF SWEDEN 
             ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Treaty between the Government of the United States of America 
and the Government of the Kingdom of Sweden on Mutual Legal 
Assistance in Criminal Matters, signed at Stockholm on December 
17, 2001 (Treaty Doc. 107-12), subject to the declaration of 
section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
                       AND THE KINGDOM OF SWEDEN

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument as contemplated by Article 3(2) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union signed June 25, 2003, as to the 
application of the Treaty between the Government of the United 
States of America and the Government of the Kingdom of Sweden 
on Mutual Legal Assistance in Criminal Matters signed December 
17, 2001, signed at Brussels on December 16, 2004 (Treaty Doc. 
109-13), subject to the declaration of section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.

                              ----------                              


MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA 
      AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

    Resolved (two-thirds of the Senators present concurring 
therein),

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION

    The Senate advises and consents to the ratification of the 
Instrument as contemplated by Article 3(2) of the Agreement on 
Mutual Legal Assistance between the United States of America 
and the European Union signed June 25, 2003, as to the 
application of the Treaty between the Government of the United 
States of America and the Government of the United Kingdom of 
Great Britain and Northern Ireland on Mutual Legal Assistance 
in Criminal Matters signed January 6, 1994, signed at London on 
December 16, 2004, with a related exchange of notes signed the 
same date (Treaty Doc. 109-13), subject to the declaration of 
section 2.

SECTION 2. DECLARATION

    The advice and consent of the Senate under section 1 is 
subject to the following declaration:
          This Treaty is self-executing.