Israel Extradition Treaty with the United States

Israel International Extradition Treaty with the United States

December 10, 1962, Date-Signed

December 5, 1963, Date-In-Force

STATUS:
Convention signed at Washington on December 10, 1962. Ratification advised by the Senate of the United States of America on October 22, 1963. It was Ratified by the President of the United States of America on October 29, 1963. It was Ratified by Israel on November 29, 1963. Ratifications were exchanged on December 5, 1963. It was Proclaimed by the President of the United States of America on December 20, 1963. It Entered into force on December 5, 1963.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS a convention on extradition between the Government of the United States of America and the Government of the State of Israel was signed at Washington on December 10, 1962, the original of which convention, being in the English and Hebrew languages, is word for word as follows:

CONVENTION ON EXTRADITION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE STATE OF ISRAEL

The Government of the United States of America and the Government of the State of Israel, desiring to make more effective the cooperation of the two countries in the repression of crime, agree as follows:

ARTICLE I

Each Contracting Party agrees, under the conditions and circumstances established by the present Convention, reciprocally to deliver up persons found in its territory who have been charged with or convicted of any of the offenses mentioned in Article II of the present Convention committed within the territorial jurisdiction of the other, or outside thereof under the conditions specified in Article III of the present Convention.

ARTICLE II

Persons shall be delivered up according to the provisions of the present Convention for prosecution when they have been charged with, or to undergo sentence when they have been convicted of, any of the following offenses:

1. Murder.

2. Manslaughter.

3. Malicious wounding; inflicting grievous bodily harm.

4. Rape.

5. Abortion.

6. Unlawful carnal knowledge of a girl under the age specified by the laws of both the requesting and requested Parties.

7. Procuration.

8. Willful non-support or willful abandonment of a minor or other dependent person when the life of that minor or that dependent person is or is likely to be injured or endangered.

9. Kidnapping; abduction; false imprisonment.

10. Robbery.

11. Burglary; housebreaking.

12. Larceny.

13. Embezzlement.

14. Obtaining money, valuable securities or goods by false pretenses or by threats or force.

15. Bribery.

16. Extortion.

17. Receiving any money, valuable securities or other property knowing the same to have been unlawfully obtained.

18. Fraud by a bailee, banker, agent, factor, trustee, executor, administrator or by a director or officer of any company.

19. Forgery, including forgery of banknotes, or uttering what is forged.

20. The forgery or false making of official documents or public records of the government or public authority or the uttering or fraudulent use of the same.

21. The making or the utterance, circulation or fraudulent use of counterfeit money or counterfeit seals, stamps, dies and marks of the government or public authority.

22. Knowingly and without lawful authority making or having in possession any instrument, tool, or machine adapted and intended for the counterfeiting of money, whether coin or paper.

23. Perjury; subornation of perjury.

24. Arson.

25. Any malicious act done with intent to endanger the safety of any persons travelling upon a railway.

26. Piracy, by the law of nations; mutiny on board a vessel for the purpose of rebelling against the authority of the Captain or Commander of such vessel; by fraud or violence taking possession of such vessel.

27. Malicious injury to property.

28. Smuggling.

29. False swearing.

30. Offenses against the bankruptcy laws.

31. Offenses against the laws relating to dangerous drugs.

Extradition shall be granted for any of the offenses numbered 27 through 31 only if the offense is punishable under the laws of both Parties by a term of imprisonment exceeding three years.

Extradition shall also be granted for attempts to commit or conspiracy to commit any of the offenses mentioned in this Article provided such attempts or such conspiracy are punishable under the laws of both Parties by a term of imprisonment exceeding three years.

Extradition shall also be granted for participation in any of the offenses mentioned in this Article.

ARTICLE III

When the offense has been committed outside the territorial jurisdiction of the requesting Party, extradition need not be granted unless the laws of the requested Party provide for the punishment of such an offense committed in similar circumstances.

The words “territorial jurisdiction” as used in this Article and in Article I of the present Convention mean: territory, including territorial waters, and the airspace thereover belonging to or under the control of one of the Contracting Parties, and vessels and aircraft belonging to one of the Contracting Parties or to a citizen or corporation thereof when such vessel is on the high seas or such aircraft is over the high seas.

ARTICLE IV

A requested Party shall not decline to extradite a person sought because such person is a national of the requested Party.

ARTICLE V

Extradition shall be granted only if the evidence be found sufficient, according to the laws of the place where the person sought shall be found, either to justify his committal for trial if the offense of which he is accused had been committed in that place or to prove that he is the identical person convicted by the courts of the requesting Party.

ARTICLE VI

Extradition shall not be granted in any of the following circumstances:

1. When the person whose surrender is sought is being proceeded against, or has been tried and discharged or punished, in the territory of the requested Party for the offense for which his extradition is requested.

2. When the person whose surrender is sought has been tried and acquitted, or undergone his punishment, in a third State for the offense for which his extradition is requested.

3. When the prosecution or the enforcement of the penalty for the offense has become barred by lapse of time according to the laws of the requesting Party or would be barred by lapse of time according to the laws of the requested Party had the offense been committed in its territory.

4. When the offense is regarded by the requested Party as one of a political character or if the person sought proves that the request for his extradition has, in fact, been made with a view to trying or punishing him for an offense of a political character.

ARTICLE VII

When the offense for which the extradition is requested is punishable by death under the laws of the requesting Party and the laws of the requested Party do not permit such punishment for that offense, extradition may be refused unless the requesting Party provides such assurances as the requested Party considers sufficient that the death penalty shall not be imposed, or, if imposed, shall not be executed.

ARTICLE VIII

When the person whose extradition is requested is being proceeded against or is serving a sentence in the territory of the requested Party for an offense other than that for which extradition has been requested, his surrender may be deferred until the conclusion of the proceedings and the full execution of any punishment he may be or may have been awarded.

ARTICLE IX

The determination that extradition based upon the request therefor should or should not be granted shall be made in accordance with the domestic law of the requested Party and the person whose extradition is sought shall have the right to use such remedies and recourses as are provided by such law.

ARTICLE X

The request for extradition shall be made through the diplomatic channel.

The request shall be accompanied by a description of the person sought, a statement of the facts of the case, the text of the applicable laws of the requesting Party including the law prescribing the punishment for the offense as well as the law relating to the limitation of the legal proceedings or the enforcement of the penalty for the offense.

When the request relates to a person who has not yet been convicted, it must also be accompanied by a warrant of arrest issued by a judge or commissioner of the requesting Party and by such evidence as, according to the laws of the requested Party, would justify his arrest if the offense had been committed there.

When the request relates to a person already convicted, it must be accompanied by the judgment of conviction and sentence passed against him in the territory of the requesting Party and by a statement showing how much of the sentence has not been served.

The warrant of arrest and depositions or other evidence, given under oath, and the judicial documents establishing the existence of the conviction, or certified copies of these documents, shall be admitted in evidence in the examination of the request for extradition, when, in the case of a request emanating from Israel, they bear the signature or are accompanied by the attestation of a judge, magistrate or other official or are authenticated by the official seal of the Ministry of Justice and, in any case, are certified by the principal diplomatic or consular officer of the United States in Israel, or when, in the case of a request emanating from the United States, they are authenticated by the official seal of the Department of State.

The documents in support of the request for extradition shall be accompanied by a certified translation thereof into the language of the requested Party.

ARTICLE XI

In case of urgency a Contracting Party may apply for the provisional arrest of the person sought pending the presentation of the request for extradition through the diplomatic channel. The application shall contain a description of the person sought, an indication of intention to request the extradition of the person sought and a statement of the existence of a warrant of arrest or a judgment of conviction against that person, and such further information, if any, as would be necessary to justify the issue of a warrant of arrest had the offense been committed, or the person sought been convicted, in the territory of the requested Party.

On receipt of such an application the requested Party shall take the necessary steps to secure the arrest of the person claimed.

A person arrested upon such an application shall be set at liberty upon the expiration of sixty days from the date of his arrest if a request for his extradition accompanied by the documents specified in Article X shall not have been received. However, this stipulation shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.

ARTICLE XII

If the requested Party requires additional evidence or information to enable it to decide on the request for extradition, such evidence or information shall be submitted to it within such time as that Party shall require.

If the person sought is under arrest and the additional evidence or information submitted as aforesaid is not sufficient or if such evidence or information is not received within the period specified by the requested Party, he shall be discharged from custody. However, such discharge shall not bar the requesting Party from submitting another request in respect of the same offense.

ARTICLE XIII

A person extradited under the present Convention shall not be detained, tried or punished in the territory of the requesting Party for any offense other than that for which extradition has been granted nor be extradited by that Party to a third State unless:

1. He has left the territory of the requesting Party after his extradition and has voluntarily returned to it;

2. He has not left the territory of the requesting Party within 60 days after being free to do so; or

3. The requested Party has consented to his detention, trial, punishment or extradition to a third State for an offense other than that for which extradition was granted.

These stipulations shall not apply to offenses committed after the extradition.

ARTICLE XIV

A requested Party upon receiving two or more requests for the extradition of the same person either for the same offense, or for different offenses, shall determine to which of the requesting States it will extradite the person sought, taking into consideration the circumstances and particularly the possibility of a later extradition between the requesting States, the seriousness of each offense, the place where the offense was committed, the nationality of the person sought, the dates upon which the requests were received and the provisions of any extradition agreements between the requested Party and the other requesting State or States.

ARTICLE XV

The requested Party shall promptly communicate to the requesting Party through the diplomatic channel the decision on the request for extradition.

If extradition is granted, the person sought shall be conveyed by the authorities of the requested Party to the frontier or port of embarkation or airport in the territory of that Party which the diplomatic or consular agent of the requesting Party shall designate.

If a warrant or order for the extradition of a person sought has been issued by the competent authority and he is not removed from the territory of the requested Party within such time as may be prescribed by the laws of that Party, he may be set at liberty and the requested Party may subsequently refuse to extradite that person for the same offense.

ARTICLE XVI

To the extent permitted under the law of the requested Party and subject to the rights of third parties, which shall be duly respected, all articles acquired as a result of the offense or which may be required as evidence shall, if found, be surrendered if extradition is granted.

ARTICLE XVII

The right to transport through the territory of one of the Contracting Parties a person surrendered to the other Contracting Party by a third State shall be granted on request made through the diplomatic channel accompanied by the documents referred to in Article X of the present Convention provided that conditions are present which would warrant extradition of such person by the State of transit and reasons of public order are not opposed to the transit.

The Party to which the person has been extradited shall reimburse the Party through whose territory such person is transported for any expenses incurred by the latter in connection with such transportation.

ARTICLE XVIII

Expenses related to the transportation of the person sought shall be paid by the requesting Party. The appropriate legal officers of the country in which the extradition proceedings take place shall, by all legal means within their power, assist the officers of the requesting Party before the respective judges and magistrates. No pecuniary claim, arising out of the arrest, detention, examination and surrender of persons sought under the terms of this Convention, shall be made by the requested Party against the requesting Party other than as specified in the second paragraph of this Article and other than for the lodging, maintenance and board of the person sought.

The legal officers, other officers of the requested Party, and court stenographers, if any, of the requested Party who shall, in the usual course of their duty, give assistance and who receive no salary or compensation other than specific fees for services performed, shall be entitled to receive from the requesting Party the usual payment for such acts or services performed by them in the same manner and to the same amount as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers.

ARTICLE XIX

This Convention shall be ratified and the ratifications shall be exchanged in Israel as soon as possible.

This Convention shall enter into force upon the exchange of ratifications. It may be terminated by either Contracting Party giving notice of termination to the other Contracting Party at any time and the termination shall be effective six months after the date of receipt of such notice.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention.

DONE in duplicate at Washington this tenth day of December, one thousand nine hundred sixty-two, corresponding to the thirteenth day of Kislev, five thousand seven hundred and twenty-three, in the English and Hebrew languages, both versions being equally authentic. [FOREIGN LANGUAGE TEXT OMITTED]

WHEREAS the Senate of the United States of America by their resolution of October 22, 1963, two-thirds of the Senators present concurring therein, did advise and consent to the ratification of the said convention;

WHEREAS the said convention was ratified by the President of the United States of America on October 29, 1963, in pursuance of the aforesaid advice and consent of the Senate, and was ratified on the part of the Government of the State of Israel on November 29, 1963;

WHEREAS the respective instruments of ratification of the said convention were exchanged on December 5, 1963;

AND WHEREAS it is provided in Article XIX of the said convention that the convention shall enter into force upon the exchange of ratifications;

NOW, THEREFORE, be it known that I, Lyndon B. Johnson, President of the United States of America, do hereby proclaim and make public the said convention to the end that the same and every article and clause thereof may be observed and fulfilled in good faith on and after December 5, 1963, by the United States of America and by the citizens of the United States of America and all other persons subject to the jurisdiction thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this twentieth day of December in the year of our Lord one thousand nine hundred sixty-three and of the Independence of the United States of America the one hundred eighty-eighth.

SIGNATORIES:

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

DEAN RUSK

FOR THE GOVERNMENT OF THE STATE OF ISRAEL:

AVRAHAM HARMAN.

LYNDON B. JOHNSON

By the President:

DEAN RUSK

Secretary of State

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Israel Extradition Treaty-Protocol with the United States

July 6, 2005, Date-Signed

January 10, 2007, Date-In-Force

LETTER OF TRANSMITTAL

THE WHITE HOUSE,

September 13, 2005.

To the Senate of the United States:

With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Protocol between the Government of the United States and the Government of the State of Israel, signed at Jerusalem on July 6, 2005.

In addition, I transmit for the information of the Senate the report of the Department of State with respect to the Protocol. As the report explains, the Protocol will not require implementing legislation.
The Protocol amends the Convention Relating to Extradition (the ‘‘1962 Convention’’), signed at Washington on December 10, 1962.

The Protocol updates the 1962 Convention in a manner consistent With our modern extradition treaties. The Protocol will, upon entry into force, enhance cooperation between the law enforcement communities of both nations and make a significant contribution to International law enforcement efforts.

I recommend that the Senate give early and favorable consideration to the Protocol and give its advice and consent to ratification.

GEORGE W. BUSH.

LETTER OF SUBMITTAL

The PRESIDENT,

The White House.

DEPARTMENT OF STATE,

Washington, August 15, 2005.

THE PRESIDENT: I have the honor to submit to you the Protocol between the Government of the United States and the Government of the State of Israel Amending the Convention on Extradition (‘‘Protocol’’), signed at Jerusalem on July 6, 2005. Upon its entry into force, the Protocol would amend the Convention Relating to Extradition signed at Washington on December 10, 1962 (‘‘1962 Convention’’). I recommend that the Protocol be transmitted to the Senate for its advice and consent to ratification.

The Protocol updates the existing Convention in a manner consistent with our modern extradition treaties. The Protocol will enhance cooperation between the law enforcement communities of both nations and make a significant contribution to international Law enforcement efforts. The Protocol is designed to be self-executing and will not require Implementing legislation.

Article 1 of the Protocol amends the 1962 Convention, by deleting the pre-existing Article II and replacing it with New Article II.

New Article II (1) replaces the current list of extraditable offenses.

In Article II of the 1962 Convention with a modern dual criminality Provision that requires that the offense for which a fugitive is requested be punishable under laws of both states for a period of one year or by a more severe penalty.

New Article II (2) defines an extraditable offense to include also any attempt or conspiracy to commit an offense, participation in an offense, aiding and abetting, counseling, causing or procuring the commission of an offense, or being an accessory before or after the fact, provided that such attempt, conspiracy, participation, aiding and abetting, counseling, causing or procuring, or being an accessory is punishable under the laws of both Parties by deprivation of liberty for a period of one year or by a more severe penalty.

Additional flexibility is provided by New Article II (3), which provides that an offense shall be considered an extraditable offense:

(1) Whether or not the laws of the parties place the offense within The same category of offenses or describe the offense by the same Terminology;

(2) whether or not the offense is one for which United States federal law requires the showing of such matters as interstate transportation or use of the mails or of other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court.

New Article II(4) provides that if extradition has been granted for an extraditable offense, it shall also be granted for any other offense specified in the request, even if the other offenses are punishable by less than one year’s deprivation of liberty, provided that all other requirements for extradition have been met.

Article 2 of the Protocol amends the 1962 Convention, by replacing the pre-existing Article IV with New Article IV. New Article IV(1), provides that, except as provided in the New Article IV, ex- tradition shall not be refused on the ground that the person sought is a national of the Requested Party.

New Article IV(2) states that if domestic law so requires, a Party may condition the extradition of a national and resident upon an assurance that, if the person sought is sentenced to a term of imprisonment after extradition, the person shall be returned to the Requested Party to serve the sentence imposed in the Requesting Party. This would allow an Israeli citizen to be extradited to the United States with assurances that the fugitive may return to Israel to serve any sentence imposed in the United States.

New Article IV(3) sets out the procedures with respect to assurances made pursuant to New Article IV(2). New Article IV(3)(a) states that an assurance shall cease to have effect if the person agrees to serve any sentence imposed in the Requesting Party or refuses to consent or withdraws a prior consent to serve the sentence in the Requested Party.

New Article IV(3)(b) requires that the Requesting Party shall promptly inform the Requested Party of the results of the trial or sentencing and of appeal or other judicial review of the judgment, if any.

New Article IV(3)(c) states that when a prison sentence imposed following an Article IV(2) extradition has become final, the Parties shall thereafter make best efforts to transfer the person as expeditiously as possible. New Article IV(3)(d) states that if a person extradited under an Article IV(2) assurance is given a prison sentence and is also ordered to pay a fine or restitution, the Requested Party shall take steps to collect the fine or restitution to the extent possible.

New Article IV(3)(e) provides that the return of a person following an Article IV(2) assurance, to the extent that it is not inconsistent with Article IV, shall be in accord with other treaties and agreement regarding the transfer of sentenced persons in force be- tween the Parties, unless the Parties agree otherwise. Notably, both the United States and Israel are parties to the Council of Europe Convention on the Transfer of Sentenced Persons.

New Article IV(4) and (5) provide for imposition of the Requesting Party’s sentence even if that sentence exceeds the maximum penalty for such offense in the Requested Party. Paragraph (4) covers situations where the fugitive is extradited, tried and sentenced, and returned to serve that sentence pursuant to an assurance under paragraph (2). Paragraph (5) covers situations where the fugitive has fled after having been sentenced and is not extradited because he or she is a national of the Requested State and the Requested State will not extradite its nationals in such circumstances.

New Article IV(6) provides that if extradition of a national and resident is refused because an assurance as set forth in New Article IV(2) has not been provided, the Requested Party shall, at the request of the Requesting Party, submit the case to its authorities for a decision as to prosecution.

Article 3 of the Protocol replaces pre-existing Article VI with New Articles VI and VI bis. As is customary in extradition treaties, New Article VI incorporates a political offense exception to the obligation to extradite. New Article VI (1) states generally that extradition shall not be granted for political offenses.

New Article VI(2) specifies six categories of offenses that shall not be considered to be political offenses: (a) a murder or other violent crime against the Head of State of a Contracting Party, or of a member of the Head of State’s family; (b) an offense for which both Parties are obliged pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for decision as to prosecution; (c) murder, manslaughter, malicious wounding, or inflicting grievous bodily harm; (d) an offense involving kidnapping, abduction, or any form of unlawful detention, including the taking of a hostage; (e) an offense involving the making, use or possession of a bomb, grenade, rocket or any other explosive, incendiary or destructive de- vice with the intention to endanger life or cause serious damage to property; and (f) a conspiracy to commit any of the foregoing offenses, or aiding and abetting, counseling or participating as an accomplice of a person who commits or attempts to commit such offenses.

New Article VI (3) provides that the executive authority of the Re- quested Party may refuse extradition for offenses under military law that are not offenses under ordinary criminal law (e.g. Desertion).

New Article VI(4) provides that extradition shall not be granted if the executive authority of the Requested Party (for the United States, the Secretary of State) determines that the request was primarily politically motivated or made for the primary purpose of prosecuting or punishing someone on account of his race or religion.

New Article VI bis (1) bars extradition when the person sought has been convicted or acquitted in the Requested Party or another country for the same offense. New Article VI bis (2) provides that extradition shall not be precluded by the fact that competent authorities in the Requested Party have declined to prosecute or have decided to discontinue criminal proceedings against the person sought.

Article 4 of the Protocol replaces pre-existing Article VIII with New Articles VIII and VIII bis. New Article VIII concerns temporary and deferred surrender. New Article VIII(1) states that if a person whose extradition is sought is being investigated or prosecuted in the Requested Party, that State may postpone extradition proceedings until its prosecution has been concluded. According to New Article VIII(2), if extradition is granted in the case of a person who is being proceeded against or is serving a sentence in the Requested Party, that State may still postpone surrender until the person has served any sentence imposed or may temporarily surrender the person sought.

New Article VIII bis introduces a more flexible statute of limitations provision. The 1962 Convention provides that if an offense is time-barred in the Requested Party, extradition shall not be granted. New Article VIII bis would limit this exception to only those situations where the Requested Party’s laws required the denial of ex- tradition.

Article 5 deletes Article IX of the 1962 Convention. The pre-existing Article IX provided that extradition determinations shall be made in accordance with the domestic law of the Requested Party and that the person whose extradition is sought shall have the right to use such remedies and recourses as are provided by such law. This provision has been removed as unnecessary and confusing.

Article 6 of the Protocol replaces pre-existing Article X with New Articles X, X bis and X ter. New Article X establishes the procedures and describes the documents that are required to support a request for extradition. It requires that all requests be submitted through the diplomatic channel. New Article X bis establishes the procedures under which documents submitted pursuant to the Protocol shall be received and admitted into evidence. It streamlines the authentication provisions by eliminating the need for diplomatic or consular authentication of Israeli requests. Instead, Israeli requests would be authenticated by the official seal of the Israeli Ministry of Justice.

New Article X ter stipulates that the request for extradition and all other documents submitted by the Requesting Party shall be translated into the language of the Requested Party, unless other- wise agreed.

Article 7 of the Protocol replaces Article XI of the Convention. New Article XI sets forth procedures for the provisional arrest and detention, in case of urgency, of a person sought pending presentation of the formal request for extradition. New Article XI(1) provides that a request for provisional arrest may be transmitted through the diplomatic channel or directly between the United States Department of Justice and the Israeli Ministry of Justice. New Article XI (2) lists the components required for a proper provisional arrest request.

New Article XI(3) requires that the Requesting Party shall be notified without delay of the disposition of its request for provisional arrest and the reasons for any inability to proceed with the re- quest.

New Article XI(4) provides that if the Requested Party’s executive authority has not received the request for extradition and sup- porting documentation required in Article X bis within 60 days after the provisional arrest, the person may be discharged from custody. New Article XI(5) states that discharge from custody pursuant to New Article XI(4) does not prejudice subsequent rearrest and extradition upon later delivery of the extradition request and supporting documents.

Article 8 of the Protocol replaces Article XIII of the Convention. New Article XIII (1) sets forth the rule of speciality. It provides, subject to specific exceptions, that a person extradited under the Treaty may not be detained, tried, or punished in the Requesting Party for an offense other than that for which extradition has been granted. This prohibition applies, unless (a) the offense is based on the same facts as the offense for which extradition was granted; (b) the offense was committed after the extradition of the person; or (c) the offense is one for which the executive authority of the Re- quested Party consents to the person’s detention.

New Article XIII(2) prohibits the Requesting Party from extraditing such person to a third State or surrendering such person to an international tribunal for an offense committed prior to the original surrender unless the Requested Party consents.

New Article XIII(3) states that if a person leaves the territory of the Requesting Party after extradition and voluntarily returns to it or that person does not leave the territory of the Requesting Party within 30 days of when he is free to leave, then he may be detained, tried, punished, extradited to a third State or surrendered to an international tribunal.

Article 9 replaces pre-existing Article XVII on the waiver of consent to extradition proceedings. New Article XVII specifies that if a fugitive consents to be surrendered, he will be extradited without further proceedings.

Article 10 replaces pre-existing Article XVIII with New Articles XVIII, XVIII bis and XVIII ter. New Article XVIII provides that either Party may authorize transportation through its territory of a person surrendered to the other Party by a third State or from the other Party to a third State. Authorization is not required when air transportation is used by one Party and no landing is scheduled in the territory of the other Party. In the event of an unscheduled landing, New Article VIII(2) provides for a procedure by which the Party in which the landing occurs may require a request for Transit. New Article VIII(3) provides that the Party requesting transit shall reimburse the Party through whose territory such person is transported for any expense incurred by the latter in connection with such transportation, unless otherwise agreed.

New Article XVIII bis specifies that the Requested Party rep- resents the Requesting Party in extradition proceedings and pro- viding for the costs of such representation.

New Article XVIII ter provides that the U.S. Department of Justice and the Ministry of Justice of Israel may consult with each other in connection with the processing of individual cases and in furtherance of efficient implementation of the Convention.

Article 11 of the Protocol provides that the Protocol applies to offenses committed before as well as after the date it enters into force.

Article 12 of the Protocol provides that the Protocol, which is subject to ratification, shall enter into force on the date of the latter of the diplomatic notes by which the Parties notify each other that their internal legal requirements for the entering into force of the Protocol have been satisfied.

The Department of Justice joins the Department of State in favoring approval of this Treaty by the Senate at the earliest possible date.

Respectfully Submitted.

CONDOLEEZZA RICE.

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Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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