69–115 

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 

R E P O R T 

[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 

2 

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 preVerDate Aug 31 2005 16:05 Sep 15, 2008 Jkt 000000 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 H:\DOCS\EXEC~1.REP\EX110-13.TXT sfrela2 PsN: MIKEB
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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. 

liminary, 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. 

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, 

4 

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. 3On 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. 4On 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. 5 See Article 4(4) of the EU Framework Agreement. 

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). 

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 

5 

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.’’ 

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

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 asVerDate Aug 31 2005 16:05 Sep 15, 2008 Jkt 000000 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 H:\DOCS\EXEC~1.REP\EX110-13.TXT sfrela2 PsN: MIKEB
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sist 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 

7 

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.’’ 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. 9 See Article 7 of the EU Framework Agreement. 

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. 

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. 

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. 

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. 

8 

10 EU Framework Agreement, Explanatory Note, Treaty Doc. 109–13 at p. 27. 

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

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 

9 

11Treaty Doc. 104–21. 12Treaty Doc. 100–16. 13Treaty Doc. 106–35. 14Treaty Doc. 105–47. 15Treaty Doc. 105–52. 16Treaty Doc. 106–17. 17Treaty Doc. 108–27. 18Treaty Doc. 106–18. 19Treaty Doc. 104–20. 20Treaty Doc. 107–9. 21Treaty Doc. 98–25. 22Treaty Doc. 105–34. 23Treaty Doc. 105–41. 24Treaty Doc. 105–11. 25Treaty Doc. 97–16. 26Treaty Doc. 105–12. 27Treaty Doc. 102–21. 28Treaty Doc. 107–12. 29Treaty Doc. 104–2. 30Treaty Doc. 107–12. 31Treaty Doc. 110–11. 32Treaty Doc. 106–20. 33Treaty Doc. 110–12. 

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

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

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 exVerDate Aug 31 2005 16:05 Sep 15, 2008 Jkt 000000 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 H:\DOCS\EXEC~1.REP\EX110-13.TXT sfrela2 PsN: MIKEB
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changed 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. § 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. 

11 

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 selfexecuting 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.’’). 35The 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. 

Declaration 

In every resolution of advice and consent, the committee has included a proposed declaration, which states that each treaty is selfexecuting. This declaration is consistent with statements made in 

the Letters of Submittal from the Secretary of State to the President on each of these instruments34 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, Medellı ́n 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. 

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 

12 

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), 

13 

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. 

14 

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: 

15 

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 NoVerDate Aug 31 2005 16:05 Sep 15, 2008 Jkt 000000 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 H:\DOCS\EXEC~1.REP\EX110-13.TXT sfrela2 PsN: MIKEB
16 

vember 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), 

17 

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. 

18 

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. 

19 

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. 

20 

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 

21 

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. 

Æ