69–115 

110TH CONGRESS EXEC. REPT. " ! SENATE 1st Session 110–1 

PROTOCOL TO THE TREATY OF FRIENDSHIP, COMMERCE, 

AND NAVIGATION WITH DENMARK 

OCTOBER 15, 2007.—Ordered to be printed 

Mr. BIDEN, from the Committee on Foreign Relations, 

submitted the following 

R E P O R T 

[To accompany Treaty Doc. 108–8] 

The Committee on Foreign Relations to which was referred the 

Protocol to the Treaty of Friendship, Commerce, and Navigation 

Between the United States and Denmark of October 1, 1951, 

signed at Copenhagen on May 2, 2001 (Treaty Doc. 108–8), having 

considered the same, reports favorably thereon and recommends 

that the Senate give its advice and consent to ratification thereof. 

CONTENTS 

Page 

I. Purpose ........................................................................................................... 1 

II. Background and Summary ........................................................................... 1 

III. Entry Into Force ............................................................................................ 2 

IV. Implementing Legislation ............................................................................. 2 

V. Committee Action .......................................................................................... 2 

VI. Resolution of Advice and Consent to Ratification ....................................... 3 

I. PURPOSE

The Protocol to the Treaty of Friendship, Commerce, and Navigation with Denmark would provide a legal basis for issuing treatyinvestor (E-2) visas to Danish investors who wish to enter the 

United States ‘‘for the purpose of developing and directing the operations of an enterprise in which they have invested, or in which 

they are actively in the process of investing, a substantial amount 

of capital’’ on a reciprocal basis. U.S. investors are already eligible 

for Danish visas that offer comparable benefits to those that would 

be accorded nationals of Denmark pursuant to an E-2 visa. With 

this Protocol, Danish investors would be eligible for E-2 visas. 

II. BACKGROUND AND SUMMARY

The Protocol to the Treaty of Friendship, Commerce, and Navigation (FCN) with Denmark consists of three articles. Article I, the 


bajohnson on PROD1PC69 with REPORTS
2 

only substantive article, provides that nationals of either country 

shall be permitted, ‘‘subject to the laws relating to the entry and 

sojourn of aliens, to enter the territories of the other Party and to 

remain therein for the purpose of developing and directing the operations of an enterprise in which they have invested, or in which 

they are actively in the process of investing, a substantial amount 

of capital.’’ This is a standard provision that can be found in a 

number of FCN treaties to which the United States is a party and 

is a precondition to the issuance of an E-2 visa pursuant to section 

101(a)(15)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. 

§1101(a)(15)(E)(ii), which permits the issuance of an E-2 visa only 

to a non-immigrant who is ‘‘. . . entitled to enter the United States 

under and in pursuance of the provisions of a treaty of commerce 

and navigation between the United States and the foreign state of 

which he is a national . . . solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital.’’ The Protocol will facilitate Danish investment in the United 

States and will further cement a strong and growing economic and 

political relationship between the two countries. According to Department of Commerce statistics, Danish direct investment in the 

United States calculated on a historical-cost basis totaled over 

seven billion dollars in 2006 and U.S. investments in Denmark accounted for eleven percent of the total foreign direct investment in 

that country in 2005, making the United States the second-largest 

source of foreign investment in Denmark. Moreover, Denmark is a 

close ally of the United States. Denmark has worked with the 

United States in a variety of international fora, including NATO, 

the European Union, and the United Nations; has forces deployed 

in Iraq, Afghanistan, and Kosovo; is active in peacekeeping and 

stabilization operations; and is one of the largest per capita donors 

of foreign aid. 

III. ENTRY INTO FORCE

In accordance with Article III, the Protocol will enter into force 

upon an exchange of instruments of ratification, and shall remain 

in force so long as the underlying Treaty of Friendship, Commerce, 

and Navigation Between the United States and Denmark of October 1, 1951 remains in force. 

IV. IMPLEMENTING LEGISLATION

No further implementing legislation is required for the Protocol. 

Current law, specifically section 101(a)(15)(E)(ii) of the Immigration and Nationality Act, suffices to implement the Protocol. 

V. COMMITTEE ACTION

The committee held a public hearing on the Protocol on July 17, 

2007 (a hearing print of this session will be forthcoming). Testimony was received from Mr. Wesley S. Scholz, Director of the Office of Investment Affairs, Department of State. On September 11, 

2007, the committee considered the Protocol, and ordered it favorably reported by voice vote, with a quorum present and without objection. 


bajohnson on PROD1PC69 with REPORTS
3 

VI. RESOLUTION OF ADVICE AND CONSENT TO RATIFICATION

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

The Senate advises and consents to the ratification of the Protocol between the United States of America and the Kingdom of 

Denmark to the Treaty of Friendship, Commerce, and Navigation 

of October 1, 1951, signed at Copenhagen on May 2, 2001 (Treaty 

Doc. 108–8). 

Æ 


bajohnson on PROD1PC69 with REPORTS