Costa Rica Extradition Treaty with the United States

April 15, 2011

Costa Rica International Extradition Treaty with the United States

December 4, 1982; December 16, 1982, Date-Signed

October 11, 1991, Date-In-Force

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

98TH CONGRESS

2d Session

SENATE

LETTER OF TRANSMITTAL

THE WHITE HOUSE, April 17, 1984.

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 Treaty on Extradition between the United States of America and Costa Rica, signed at San Jose on December 4, 1982, together with a related exchange of notes signed on December 16, 1982.

I transmit also, for the information of the Senate, the Report of the Department of State with respect to the Treaty.

The Treaty will facilitate United States efforts to prosecute narcotics conspiracies by expressly providing that conspiracies and attempts to commit extraditable offenses constitute extraditable offenses. The Treaty also provides a legal basis for temporarily surrendering prisoners to stand trial for crimes which occurred in the requesting State.

The Treaty follows generally the form and content of extradition treaties recently concluded by this Government. Upon entry into force, it will terminate and supersede the existing extradition treaty between the United States and Costa Rica.

This Treaty will make a significant contribution to the international cooperation in law enforcement. I recommend that the Senate give early and favorable consideration to the Treaty and give its advice and consent to ratification.

RONALD REAGAN.

LETTER OF SUBMITTAL

DEPARTMENT OF STATE,

Washington, April 11, 1984.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you the Treaty on Extradition between the United States of America and Costa Rica, signed at San Jose on December 4, 1982, together with a related exchange of notes signed on December 16, 1982. I recommend that the Treaty and the related exchange of notes be transmitted to the Senate for advice and consent to ratification.

The Treaty follows generally the form and content of extradition treaties recently concluded by this Government.

Article 1 obligates each State to extradite to the other, in accordance with the provisions of the Treaty, any persons who are charged with, or have been convicted of, an extraditable offense. (Extradition shall shall also be granted, Article 2 explains, for attempts and conspiracies to commit extraditable offenses, as well as for participation in such offenses.)

Article 2 permits extradition for any offense punishable under the laws of both States by imprisonment for more than one year. Instead of listing each offense for which extradition may be granted, as was United States practice until recently, this Treaty adopts the modern practice of permitting extradition for any crime punishable under the laws of both contracting Parties for a minimum period. This obviates the need to renegotiate or supplement the Treaty should both States pass laws covering new types of criminal activity, such as computer-related crimes.

Article 2 also follows the practice of recent United States extradition treaties in indicating that the dual criminality standard should be interpreted liberally in order to effectuate the intent of the Parties that fugitives be brought to justice. The interpretive diplomatic notes which accompany the Treaty expressly confirm this interpretation. The interpretive notes also state that fiscal offenses are extraditable offenses. Article 2 further provides that, if extradition is granted for an extraditable offense, it may also be granted for offenses which are punishable by less than a year’s imprisonment.

Article 3 provides that extradition shall be granted for an extraditable offense regardless of where it was committed.

Articles 4, 6 and 7 state mandatory grounds for refusal of extradition. Article 4 provides that extradition shall be denied when the offense for which extradition is requested is a political or military offense. Article 6 states that extradition shall be denied when the person sought has been in jeopardy in the requested State for the same offense. Article 7 provides that extradition shall be denied when the statute of limitations of the requesting State bars the prosecution or the enforcement of the penalty.

Article 5 provides that extradition may be refused when the offense is punishable by death in the requesting, but not the requested, State, unless satisfactory assurances are received that the death penalty, if imposed, will not be carried out.

Article 8 states the obligation of the requested State concerning extradition of its nationals. It provides, in brief, that if extradition is denied on the basis of nationality, the requested State shall, upon request, submit the case to its competent authorities for prosecution.

Articles 9-13 specify the procedures by which extradition is to be accomplished. The procedures provided therein are similar to those found in other modern extradition treaties.

Article 14 provides that if the person sought is being prosecuted or is serving a sentence in the requested State for a different offense, that State may either (a) defer surrender until the proceedings are concluded or the sentence has been served, or (b) temporarily surrender the person solely for the purpose of prosecution. Temporary surrender is an innovative feature found in recent United States extradition treaties (Italy, The Netherlands and Sweden).

Article 15 sets forth a non-exclusive list of factors to be considered by the requested Party in determining to which State to surrender a person sought by more than one State.

Article 16 expressly incorporates into the Treaty the rule of specialty. This article provides, subject to specified exceptions, that a person extradited under the Treaty may not be detained, tried or punished for an offense other than that for which extradition has been granted.

Article 17 permits surrender without formal proceedings where the person sought agrees in writing to surrender after having been advised by a competent judicial authority of his or her right to a formal proceeding and that the surrender shall not be subject to the rule of specialty.

Article 18 provides for the seizure and surrender to the requesting State of all property related to the offense for which extradition is requested. This obligation is subject to the rights of third parties.

Article 19 governs transit through the territory of one of the contracting Parties of a person being surrendered to the other Party by a third country.

Article 20 provides that the requested State shall represent the requesting State in any proceedings in the requested State arising out of a request for extradition.

Article 21 governs expenses in a manner similar to other recent United States extradition treaties.

Article 22, like the parallel provision of almost all recent United States extradition treaties, stipulates that the Treaty is retroactive, in the sense that it applies to offenses committed before as well as after its entry into force.

Article 23 provides that the Treaty will enter into force immediately upon the exchange of the instruments of ratification. Upon entry into force, this Treaty will terminate the Treaty on Extradition between the United States and Costa Rica signed on November 10, 1922.

Article 24 provides for denunciation of the Treaty by either Party upon six months written notice to the other.

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

Respectfully submitted,

GEORGE P. SHULTZ.

EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA

The Government of the United States of America and the Government of the Republic of Costa Rica,

Desiring to provide for more effective cooperation between the two States in the repression of crime; and

Desiring to conclude a new Treaty for the reciprocal extradition of fugitives from justice,

Have agreed as follows:

ARTICLE 1

Obligation to Extradite

The Contracting Parties agree to extradite to each other, subject to the provisions in this Treaty, persons found in the territory of one of the Contracting Parties who have been charged with, are being tried for, or have been found guilty of an extraditable offense in the Requesting State.

ARTICLE 2

Extraditable Offenses

(1) An offense shall be an extraditable offense if it may be punished under the laws of both Contracting Parties by deprivation of liberty for a maximum period of more than one year or by any greater punishment.

(2) An offense shall also be extraditable if it consists of an attempt to commit or participation in the commission of any offense described in paragraph (1) of this Article. Extradition shall also be granted for illicit association, as provided by the laws of Costa Rica, to commit any offense described in paragraph (1) of this Article, and for conspiring as provided by the laws of the United States of America, to commit any such offense.

(3) For the purpose of this Article, an offense shall be an extraditable offense:

(a) Whether or not the laws of the Contracting Parties place the offense within the same category of offenses or denominate the offense by the same terminology; or

(b) Whether or not the offense is one for which United States federal law requires, for the purpose of establishing jurisdiction in a United States federal court, proof of interstate transportation, or use of, or effect on, the mails or other facilities affecting interstate or foreign commerce.

(4) When extradition has been granted for an extraditable offense, it may also be granted for any other offense specified in the request for extradition, even if the other offense may be punished by less than one year’s deprivation of liberty in either State, provided that all other requirements for extradition are met. The Requesting State shall submit the documentation required by Article 9 for each offense for which extradition is requested pursuant to this paragraph.

ARTICLE 3

Jurisdiction

Extradition shall be granted for an extraditable offense regardless of where the act or acts constituting the offense were committed.

ARTICLE 4

Political and Military Offenses

(1) Extradition shall not be granted when the offense for which extradition is requested is a political offense or if the Requested State determines that extradition has been requested for the principal purpose of prosecuting or punishing a person for an offense of a political character. Costa Rica shall not grant extradition for an offense connected with a political offense as long as its Constitution prohibits extradition for such an offense.

(2) For the purposes of this Treaty, the following offenses shall not be considered to be included in paragraph (1) of this Article:

(a) The murder or other willful crime against the life or physical integrity of a Head of State or Head of Government or of his family, including attempts to commit such an offense.

(b) An offense with respect to which the Contracting Parties have the obligation to prosecute or to grant extradition by reason of a multilateral international agreement.

(3) Extradition shall not be granted when the offense for which extradition is requested is an offense of a purely military nature.

ARTICLE 5

Capital Punishment

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

ARTICLE 6

Prior Jeopardy for the Same Offense

(1) Extradition shall not be granted when the person sought is being tried; has been convicted, acquitted, or pardoned; or has served the sentence imposed by the Requested State for the same offense arising out of the same acts for which extradition is requested.

(2) Extradition may be granted, however, even if the competent authorities of the Requested State have decided to refrain from prosecuting the person sought for the acts for which extradition is requested or to discontinue any criminal proceedings which have been initiated against the person sought.

ARTICLE 7

Statute of Limitations

Extradition shall not be granted when the prosecution or the enforcement of the penalty for the offense for which extradition has been sought has become barred by lapse of time pursuant to the laws of the Requesting State.

ARTICLE 8

Extradition of Nationals

(1) Neither of the Contracting Parties shall be bound to surrender its nationals. The Requested State, however, shall have the power to grant the extradition of its nationals if, in its discretion, this is deemed proper to do and provided the constitution of the Requested State does not so preclude. In no event may either Contracting Party refuse to extradite one of its nationals on the basis of nationality after the person’s nationality has been cancelled in accordance with the law of the Requested State.

(2) The Requested State shall undertake all available legal measures to suspend proceedings for the naturalization of the person sought until a decision is made on the request for extradition and, if that request is granted, until that person is surrendered.

(3) If the Requested State refuses extradition on the basis of nationality, it shall, at the request of the Requesting State, submit the case to its competent authorities for prosecution. If the Requested State requires additional documents or evidence, such documents or evidence shall be submitted without charge to that State. The Requesting State shall be informed of the result of its request.

ARTICLE 9

Extradition Procedures and Required Documents

(1) The request for extradition shall be made by a diplomatic agent of the Requesting State or, if none is present, by a consular officer of that State.

(2) The request for extradition shall contain:

(a) Information concerning the identity of the person sought and the location where the person may be found, if known; and

(b) A brief statement of the facts of the case.

(3) The request for extradition shall be accompanied by documents which contain:

(a) A detailed explanation of the pertinent facts of the case;

(b) Evidence that the person sought is the person charged or convicted;

(c) The text and an explanation of the law describing the offenses and the penalties therefor; and

(d) The text and an explanation of the law setting forth the statute of limitations applicable to the trial and punishment therefor.

(4) When the request for extradition relates to a person who has not yet been convicted, it shall be accompanied by:

(a) A copy of the charging document, or an equivalent document issued by a judge or judicial authority; and

(b) Such evidence, as in accordance with the laws of the Requested State, would be necessary to justify the apprehension and commitment for trial of the person sought if the offense had been committed there.

(5) When the request for extradition relates to a convicted person, it shall be accompanied by a copy of the judgment of conviction or a statement by a competent judicial authority of the Requesting State that the person has been convicted.

(6) All documents transmitted by the Requesting State shall be translated, in either the Requesting or the Requested State, into the language of the Requested State.

ARTICLE 10

Additional Documentation

(1) If the Requested State considers that the documents furnished in support of the request for the extradition of a person sought are not sufficient to fulfill the requirements of this Treaty, that State shall request the submission of necessary additional documents. The Requested State may set a time limit for the submission of such documents, and may grant a reasonable extension of the time limit upon application of the Requesting State setting forth reasons therefor.

(2) If the person sought is in custody and the additional documents submitted are not sufficient, or if such documents are not received within the period specified by the Requested State, that person may be discharged from custody. Such discharge shall not prejudice the rearrest and the extradition of the person if the additional documents are subsequently received.

ARTICLE 11

Provisional Detention

(1) In case of urgency, either Contracting Party may request the provisional detention of any charged or convicted person. Application for provisional detention shall be made either through the diplomatic channel or directly between the Department of Justice of the United States of America and the Ministerio de Justicia of the Republic of Costa Rica.

(2) The application shall contain information identifying the person sought; the location of that person, if known; a brief statement of the facts of the case; a statement of the existence of a warrant of arrest or an order of detention issued by a judicial authority, or a judgment of conviction against that person; and a statement that a request for extradition of the person will follow.

(3) On receipt of such an application, the Requested State shall take the appropriate steps to secure the detention of the person sought. The Requesting State shall be promptly notified of the results of its application.

(4) Provisional detention shall be terminated if, within a period of 60 days after the apprehension of the person sought, the Requested State has not received the request for extradition and the supporting documents required by Article 9.

(5) The termination of provisional detention pursuant to paragraph (4) of this Article shall not prejudice the extradition of the person sought if the extradition request and the documents mentioned in Article 9 are delivered later.

ARTICLE 12

Detention and Release

A person detained pursuant to the Treaty shall not be released until the extradition request has been finally decided, unless such release is required under the extradition law of the Requested State or unless this Treaty provides for such release.

ARTICLE 13

Decision and Surrender

(1) The Requested State shall promptly communicate through the diplomatic channel to the Requesting State its decision on the request for extradition.

(2) The Requested State shall provide the reasons for any partial or complete rejection of the request for extradition.

(3) If extradition has been granted, surrender of the person shall take place within such time as may be prescribed by the law of the Requested State. The Contracting Parties shall agree on the time and place of the surrender of the person sought. If, however, that person has not left the territory of the Requested State within the prescribed time, that person may be set at liberty.

ARTICLE 14

Deferred Surrender or Temporary Surrender

(1) If the extradition request is granted in the case of a person who is being prosecuted or is serving a sentence in the territory of the Requested State for a different offense, the Requested State may defer the surrender of the person sought until the conclusion of the proceedings against that person or the full execution of the sentence that may be, or may have been, imposed.

(2) If the extradition request is granted in the case of a person who is serving a sentence in the territory of the Requested State for a different offense, the Requested State may temporarily surrender the person sought to the Requesting State for the purpose of prosecution. The person so surrendered shall be kept in custody while in the Requesting State and shall be returned to the Requested State after the conclusion of the proceedings against that person in accordance with conditions to be determined by mutual agreement of the Contracting Parties.

ARTICLE 15

Requests by Several States

(1) The Requested State, upon receiving requests from the other Contracting Party and from one or more other States for the extradition of the same person, either for the same offense or for different offenses, shall, in its discretion, determine to which State it will surrender that person. In making its decision, it may consider relevant factors including:

(a) The State in which the offense was committed;

(b) The gravity of the offenses if the States are seeking the person for different offenses;

(c) The possibility of reextradition between the Requesting States; and

(d) The order in which the requests were received from the Requesting States.

(2) Preference shall always be given to an extradition request made pursuant to an extradition treaty.

ARTICLE 16

Rule of Speciality

(1) A person extradited under this Treaty may be detained, tried, or punished in the Requesting State only for:

(a) The offense for which extradition has been granted;

(b) A lesser included offense;

(c) An offense committed after the extradition; or

(d) Any offense for which the Requested State consents to the person’s detention, trial, or punishment. For purposes of this paragraph, the Requested State may require the submission of the documents mentioned in Article 9.

(2) A person extradited under this Treaty may not be extradited to a third State unless the Requested State consents.

(3) Nothing in paragraphs (1) and (2) of this Article shall prevent the detention, trial, or punishment of an extradited person in accordance with the laws of the Requesting State or the extradition of that person to a third State, if:

(a) The person has left the territory of the Requesting State after extradition and has voluntarily returned to it; or

(b) The person has not left the territory of the Requesting State within 30 days from the day on which that person was free to leave.

ARTICLE 17

Simplified Extradition

If the person sought agrees in writing to removal to the Requesting State after personally being advised by a competent judicial authority that the person sought has the right to a formal extradition proceeding and that the surrender shall not be subject to Article 16, the Requested State may surrender that person without such a proceeding.

ARTICLE 18

Surrender of Articles, Instruments, Objects, and Documents

(1) All articles, instruments, objects of value, documents, and other evidence relating to the offense may be seized and, upon granting of extradition, surrendered to the Requesting State. The property mentioned in this Article may be surrendered even when extradition cannot be granted or effected due to the death, disappearance, or escape of the person sought. The rights of third parties in such property shall be duly respected.

(2) The Requested State may condition the surrender of the property upon satisfactory assurances from the Requesting State that the property will be returned to the Requested State as soon as practicable, and may defer its surrender if it is needed as evidence in the Requested State.

ARTICLE 19

Transit

(1) Either Contracting Party may authorize transit through its territory of a person surrendered to the other Party by a third State. The Contracting Party requesting transit shall provide the transit State, through diplomatic channels, with a request for transit which shall contain a description of the person being transmitted and a brief statement of the facts of the case.

(2) No such authorization is required where air transportation is used and no landing is scheduled in the territory of the other Contracting Party. If an unscheduled landing occurs within the territory of that Party, it shall detain the person for a period not exceeding 96 hours while awaiting the request for transit pursuant to paragraph (1) of this Article.

ARTICLE 20

Representation

(1) The Department of Justice of the United States of America shall advise, assist, and represent, or provide for the representation of, the Republic of Costa Rica in any proceedings in the United States arising out of a request for extradition made by Costa Rica.

(2) The Procuraduria General of the Republic of Costa Rica shall advise, assist, and represent, or provide for the representation of, the United States of America in any proceedings in Costa Rica arising out of a request for extradition made by the United States.

(3) The representation functions set forth in paragraphs (1) and (2) of this Article may be assumed by any successor agency designated by the laws of the affected State.

ARTICLE 21

Expenses

(1) The Requesting State shall pay expenses related to the translation of documents and the transportation of the person sought from the place of the extradition proceeding to the Requesting State. The Requested State shall pay all other expenses related to the extradition request and proceedings.

(2) The Requested State shall make no pecuniary claim against the Requesting State arising out of the arrest, detention, examination, and surrender of persons sought under the terms of this Treaty.

ARTICLE 22

Scope of Application

The procedures established by this Treaty shall apply to offenses committed before as well as after the date this Treaty enters into force.

ARTICLE 23

Ratification and Entry into Force

(1) This Treaty shall be subject to ratification; the instruments of ratification shall be exchanged at Washington as soon as possible.

(2) This Treaty shall enter into force immediately upon the exchange of the instruments of ratification.

(3) Upon the entry into force of this Treaty, the Treaty between the United States of America and the Republic of Costa Rica, signed at San Jose, November 10, 1922, shall cease to have effect.

ARTICLE 24

Denunciation

Either Contracting Party may denounce this Treaty at any time by giving written notice to the other Party, and the denunciation shall be effective six months after the date of receipt of such notice.

DONE at San Jose, in duplicate, in the English and Spanish languages, both texts being equally authentic, this fourth day of December, 1982.

FOR THE UNITED STATES OF AMERICA:

President of the United States of America

FOR THE REPUBLIC OF COSTA RICA:

President of the Republic of Costa Rica

SAN JOSE, December 16, 1982.

His Excellency FERNANDO VOLIO JIMENEZ,

Ministry of Foreign Relations, Republic of Costa Rica

EXCELLENCY: I have the honor to refer to the Extradition Treaty between the United States of America and the Republic of Costa Rica signed on December 4, 1982, and in particular to Articles 2 and 16 thereof.

Article 2 of the Treaty broadly defines offenses which are extraditable in order to insure that all felonies punishable under the laws of both Contracting Parties are extraditable. During the negotiations, questions arose as to whether offenses under certain complex United States statutes fall within the definition of extraditable offenses. It is understood that, notwithstanding any differences in the categorization of the offenses under the laws of the Contracting Parties and the terminology used to define those offenses, it is the intent of both Parties that such offenses be covered as long as there is an analogous offense under the laws of each Party. For example, it is understood that an offense under Section 848, Title 21, United States Code, which proscribes engaging in a continuing criminal enterprise with five or more other persons to commit a series of serious offenses under the narcotics control laws of the United States, will be considered by the Government of Costa Rica to be analogous to the offenses proscribed by Article 272 or Article 372 of the Penal Code of Costa Rica, and, therefore, to be an extraditable offense under the Treaty. As another example, it is understood that an offense under Section 1962(c), Title 18, United States Code, which prohibits participating in conducting the affairs of an enterprise through a pattern of racketeering activity, will be considered by the Government of Costa Rica to be analogous to the offense of illicit association under Article 272 of its law and, therefore, to be an extraditable offense.

It is also understood that fiscal offenses which may be punished by a maximum period of deprivation of liberty in excess of one year in both States are extraditable offenses under the Treaty.

Article 16 of the Treaty sets forth the rule of speciality applicable to extradited persons. Paragraph (1)(b) of that Article provides that a person who has been extradited under the Treaty may be detained, tried, or punished in the Requesting State not only for the offense for which that person was extradited, but also for an offense of a lesser degree of culpability which is based on the same facts as the offense for which extradition was granted. For example, this paragraph would permit the Requesting State to try a person for involuntary manslaughter after the person had been extradited for murder, without first obtaining the consent of the Requested State. While the English and Spanish texts use different terminology in paragraph (1)(b) of Article 16, it is understood that the terminology used has the same effect in the legal systems of the United States and Costa Rica.

I would appreciate a note from your Excellency confirming that the understandings described above are also the understandings of the Government of Costa Rica.

Accept, Excellency, the renewed assurances of my highest and most distinguished consideration.

FRANCIS J. McNEIL.

DEPARTMENT OF STATE, DIVISION OF LANGUAGE SERVICES,

San Jose, December 16, 1982.

(TRANSLATION)

Spanish

His Excellency FRANCIS J. McNEIL,

Ambassador, Embassy of the United States of America, San Jose.

MR. AMBASSADOR: I have the honor to acknowledge receipt of Your Excellency’s note No. 202 of this date, which reads as follows:

[The Spanish translation of note No. 202 agrees in all substantive respects with the original English text.]

I am happy to inform Your Excellency that the Government of Costa Rica fully agrees with the above note, whose text is absolutely correct.

I avail myself of this opportunity to renew to Your Excellency the assurances of my distinguished consideration.

FERNANDO VOLIO JIMENEZ,

Minister of Foreign Affairs and Worship, Republic of Costa Rica.

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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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Congo (France) Extradition Treaty with the United States

April 15, 2011

Congo (France) International Extradition Treaty with the United States

(The extradition treaty applicable to Congo was originally signed with France.)

January 6, 1909, Date-Signed

July 27, 1911, Date-In-Force

STATUS:

The Treaty was signed at Paris on January 6, 1909. Senate advice and consent to ratification, with an amendment, was on April 5, 1909. It was Ratified by the President of the United States, with an amendment, on May 25, 1911. It was Ratified by France on June 27, 1911. Ratifications were exchanged at Paris on June 27, 1911. It was Proclaimed by the President of the United States on July 26, 1911. It Entered into force on July 27, 1911. Supplemented by conventions of January 15, 1929, April 23, 1936, and February 12, 1970.

The text printed here is the amended text as proclaimed by the President.

ARBITRATION TREATY BETWEEN THE UNITED STATES OF AMERICA AND FRANCE

THE UNITED STATES OF AMERICA AND THE REPUBLIC OF FRANCE, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a new treaty for the extradition of fugitives from justice, and have appointed for that purpose the following plenipotentiaries:

THE PRESIDENT OF THE UNITED STATES OF AMERICA:

His Excellency, Mr. Henry WHITE, Ambassador extraordinary and plenipotentiary of the United States of America to the French Republic,

AND THE PRESIDENT OF THE FRENCH REPUBLIC:

His Excellency M. Stephen PICHON, Senator, Minister for Foreign Affairs;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:

ARTICLE I

The Government of the United States and the Government of France mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes or offences specified in the following article, committed within the jurisdiction of one of the contracting Parties, shall seek an asylum or be found within the territories of the other: Provided That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offence had been there committed.

ARTICLE II

Extradition shall be granted for the following crimes and offences:

1. Murder, assassination, parricide, infanticide and poisoning; manslaughter, when voluntary; assault with intent to commit murder.

2. Rape, abortion, bigamy.

3. Arson.

4. Robbery, burglary, house-breaking or shop-breaking.

5. Forgery; the utterance of forged papers, the forgery or falsification of official acts of Government, of public authority, or of courts of justice, or the utterance of the thing forged or falsified.

6. The counterfeiting, falsifying or altering of money, whether coin or paper, or of instruments of debt created by national, state, provincial, municipal or other governments, or of coupons thereof, or of bank-notes, or the utterance or circulation of the same; or the counterfeiting, falsifying, or altering of seals of State.

7. Fraud or breach of trust by a bailee, banker, agent, factor, executor, administrator, guardian, trustee or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of both countries, and the amount of money or the value of the property misappropriated is not less than two hundred dollars, or one thousand francs.

Embezzlement by public officers or depositaries; Embezzlement by persons hired or salaried, to the detriment of their employers.

8. Larceny; obtaining money, valuable securities or other property by false pretenses, when such act is made criminal by the laws of both countries, and the amount of money of the value of the property fraudulently obtained is not less than two hundred dollars or one thousand francs.

9. Perjury, subordination of perjury.

10. Child-stealing, or abduction of a minor under the age of 14 for a boy and of 16 for a girl.

11. Kidnapping of minors or adults.

12. Willful and unlawful destruction or obstruction of railroads, which endangers human life.

13a. Piracy, by the law of nations.

b. The act by any person, being or not being one of the crew of a vessel, of taking possession of such vessel by fraud or violence.

c. Wrongfully sinking or destroying a vessel at sea.

d. Revolt or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the captain or master.

e. Assaults on board a ship on the high seas, with intent to do grievous bodily harm.

14. Crimes and offences against the laws of both countries for the suppression of slavery and slave-trading.

15. Receiving money, valuable securities or other property knowing the same to have been unlawfully obtained, when such act is made criminal by the laws of both countries and the amount of money or the value of the property so received is not less than two hundred dollars or one thousand francs.

Extradition shall also be granted for participation or complicity in or attempt to commit any of the crimes or offences above mentioned when such participation, complicity, or attempt is punishable by the laws of the two countries.

ARTICLE III

Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting Parties, or, in the absence of these from the country or its seat of government, they may be made by the consular officers.

If the person whose extradition is requested shall have been convicted of a crime or offence, a duly authenticated copy of the sentence of the court in which he was convicted, or, if the fugitive is merely charged with a crime or offence, a duly authenticated copy of the warrant of arrest in the country where the crime or offence has been committed and of the depositions or other evidence upon which such warrant was issued, shall be produced.

The extradition of fugitives under the provisions of this treaty shall be carried out in the United States and in France, respectively, in conformity with the laws regulating extradition for the time being in force in the State on which the demand for surrender is made.

ARTICLE IV

The arrest and detention of a fugitive may be applied for on information, even by telegraph, of the existence of a judgment of conviction or of a warrant of arrest.

In France, the application for arrest and detention shall be addressed to the Minister of Foreign Affairs who will transmit it to the proper department.

In the United States, the application for arrest and detention shall be addressed to the Secretary of State, who shall deliver a warrant certifying that the application is regularly made and requesting the competent authorities to take action thereon in conformity to statute.

In both countries, in case of urgency, the application for arrest and detention may be addressed directly to the competent magistrate in conformity to the statutes in force.

In both countries, the person provisionally arrested shall be released, unless within forty days from the date of arrest in France, or from the date of commitment in the United States, the formal requisition for surrender with the documentary proofs herein before prescribed be made as aforesaid by the diplomatic agent of the demanding government or, in his absence, by a consular officer thereof.

ARTICLE V

Neither of the contracting Parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention.

ARTICLE VI

A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character.

If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the Government on which the demand for surrender is made shall be final.

ARTICLE VII

No person surrendered by either of the High contracting Parties to the other shall be triable or tried or be punished for any crime or offence committed prior to his extradition, other than the offence for which he was delivered up, nor shall such person be arrested or detained on civil process for a cause accrued before extradition, unless he has been at liberty for one month after having been tried, to leave the country, or, in case of conviction, for one month after having suffered his punishment or having been pardoned.

ARTICLE VIII

Extradition shall not be granted, in pursuance of the provisions of this convention, if the person claimed has been tried for the same act in the country to which the requisition is addressed, or if legal proceedings or the enforcement of the penalty for the act committed by the person claimed have become barred by limitation, according to the laws of the country to which the requisition is addressed.

ARTICLE IX

If the person whose extradition may be claimed, pursuant to the stipulations hereof, be actually under prosecution for a crime or offence in the country where he has sought asylum, or shall have been convicted thereof, his extradition may be deferred until such proceedings be terminated, and until such criminal shall be set at liberty in due course of law.

ARTICLE X

If the individual claimed by one of the High contracting Parties, in pursuance of the present treaty, shall also be claimed by one or several other Powers on account of crimes or offences committed within their respective jurisdictions, his extradition shall be granted to the State whose demand is first received; Provided, That the Government from which extradition is asked is not bound by treaty, in case of concurrent demands, to give preference to the one earliest in date, in which event that shall be the rule; And Provided That no other arrangement is made between the demanding Governments according to which preference may be given either on account of the gravity of the crime committed or for any other reason.

ARTICLE XI

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offence charged, or being material [*10] as evidence in making proof of the crime or offence, shall, so far as practicable, and if the competent authority of the State applied to orders the delivery thereof, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to the articles aforesaid shall be duly respected.

ARTICLE XII

The expenses incurred in the arrest, detention, examination and delivery of fugitives under this treaty shall be borne by the State in whose name the extradition is sought; Provided, That the demanding Government shall not be compelled to bear any expense for the services of such public officers or functionaries of the Government from which extradition is sought as receive a fixed salary; And Provided, That the charge for the services of such public officers or functionaries as receive only fees or perquisites shall not exceed their customary fees for the acts or services performed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers or functionaries.

ARTICLE XIII

In the colonies and other possessions of the two High contracting Parties, the manner of proceeding may be as follows:

The requisition for the surrender of a fugitive criminal who has taken refuge in a colony or foreign possession of either Party may be made to the Governor or chief authority of such colony or possession by the chief consular officer of the other in such colony or possession; or if the fugitive has escaped from a colony or foreign possession of the Party on whose behalf the requisition is made, by the Governor or chief authority of such colony or possession.

Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this treaty, by the respective Governors or chief authorities, who, however, shall be at liberty either to grant the surrender or refer the matter to their Government.

ARTICLE XIV

The present treaty shall take effect on the thirtieth day after the date of the exchange of Ratifications, and shall not operate retroactively.

On the day on which it takes effect, the conventions of November 9, 1843, February 24, 1845, and February 10, 1858, shall cease to be in force except as to crimes therein enumerated and committed prior to that date.

The ratifications of this treaty shall be exchanged at Paris as soon as possible, and it shall remain in force for a period of six months after either of the two Governments shall have given notice of a purpose to terminate it.

IN WITNESS WHEREOF, the respective Plenipotentiaries have signed the above articles both in English and the French languages and have hereunto affixed their seals.

Done in duplicate at Paris, on the 6th January 1909,

SIGNATORIES:

HENRY WHITE

S. PICHON

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Congo Extradition Treaty-First Supplement with the United States

January 15, 1929, Date-Signed

May 19, 1929, Date-In-Force

Convention signed at Paris on January 15, 1929, supplementing treaty of January 6, 1909. Senate advice and consent to ratification was on February 28, 1929. It was Ratified by the President of the United States on March 6, 1929. It was Ratified by France on April 27, 1929. Ratifications were exchanged at Paris on May 2, 1929. It was Proclaimed by the President of the United States on May 9, 1929
and Entered into force on May 19, 1929. It was Terminated April 3, 1971, upon entry into force of convention of February 12, 1970.

The United States of America and the Republic of France being desirous of enlarging the list of crimes and offences on account of which extradition may be granted under the Convention concluded between the United States and France January 6, 1909, n2 have resolved to conclude a supplementary Convention for this purpose and have appointed for that purpose the following plenipotentiaries:

The President of the United States of America:

Mr. Norman Armour, Charge d’Affaires ad interim of the United States of America at Paris, and

The President of the French Republic:

His Excellency M. Aristide Briand, Minister for Foreign Affairs;

Who have agreed to and concluded the following articles:

ARTICLE I

To the list of crimes and offences numbered 1 to 15 in the second article of the said Convention of January 6, 1909, the following, contained in a paragraph 16, is added:

16. Infractions of the laws concerning poisonous substances.

ARTICLE II

The present Convention shall be considered as an integral part of the said extradition Convention of January 6, 1909, and the second article thereof shall be read as if the list of crimes and offences therein contained had originally comprised the additional infractions of the laws specified and numbered 16 in the first article of the present Convention.

The present Convention shall be ratified and the ratifications shall be exchanged at Paris as soon as possible.

It shall come into force ten days after its publication in conformity with the laws of the High Contracting Parties and it shall continue and terminate in the same manner as the said Convention of January 6, 1909.

In testimony whereof the respective plenipotentiaries have signed the present Convention in duplicate and have thereunto affixed their seals.

Done at Paris, this 15 day of January 1929.

SIGNATORIES:
NORMAN ARMOUR

A. BRIAND

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Congo Extradition Treaty-Second Supplement with the United States

April 23, 1936, Date-Signed

September 24, 1936, Date-In-Force

Convention signed at Paris on April 23, 1936, supplementing treaty of January 6, 1909, as supplemented. Senate advice and consent to ratification was on June 16, 1936. It was Ratified by the President of the United States on June 20, 1936. It was Ratified by France on July 30, 1936. Ratifications were exchanged at Paris on August 25, 1936. It was Proclaimed by the President of the United States on September 11, 1936. It Entered into force on September 24, 1936. It Terminated April 3, 1971, upon entry into force of convention of February 12, 1970.

THE UNITED STATES OF AMERICA AND THE REPUBLIC OF FRANCE being desirious of completing the list of crimes and offenses on account of which extradition may be granted under the Convention concluded between the United States and France January 6, 1909, have resolved to conclude an additional Convention for this purpose and to that end have appointed the following plenipotentiaries, to wit:

The President of the United States of America:

His Excellency Mr. Jesse Isidor STRAUS, Ambassador extraordinary and plenipotentiary of the United States of America to the French Republic;

And the President of the French Republic:

His Excellency Mr. Pierre-Etienne FLANDIN, Deputy, Minister for Foreign Affairs,

Who are in agreement on the following articles:

ARTICLE I

The following stipulation, forming a paragraph 17, is added to the list of crimes and offenses appearing in Article II of the aforementioned Convention of January 6, 1909, completed by the additional Convention of January 15, 1929:

Acts classified under the heading of bankruptcy, or punished with the penalties of bankruptcy, by French law, if they constitute a crime or an offense in accordance with the laws of the United States”.

ARTICLE II

The present Convention shall be considered as an integral part of the aforementioned extradition Convention of January 6, 1909. The second article thereof shall be read as if the list of crimes and offenses contained therein had originally comprised the criminal acts under the heading of bankruptcy by French law and provided for in Article I of the present Convention.

The present Convention shall be ratified and the ratifications exchanged at Paris as soon as possible. It will come into force thirty days after the exchange of ratifications. It will continue in force and will terminate in the same manner as the said Convention of January 6, 1909.

By virtue of which the present plenipotentiaries have signed the present Convention in duplicate and have thereunto affixed their seals.

Done in duplicate at Paris, on the 23rd of April, 1936.

SIGNATORIES:

JESSE ISIDOR STRAUS

P. E. FLANDIN

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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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Colombia Extradition Treaty with the United States

April 14, 2011

Colombia International Extradition Treaty with the United States

September 14, 1979, Date-Signed

March 4,1982, Date-In-Force

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

97TH CONGRESS

1st Session

SENATE

LETTER OF TRANSMITTAL

THE WHITE HOUSE, May 28, 1981.

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 Treaty of Extradition between the United States of America and the Republic of Colombia, signed at Washington on September 14, 1979.

I transmit also, for the information of the Senate, the report of the Department of State with respect to the treaty.

The treaty is one of a series of modern extradition treaties being negotiated by the United States. It expands the list of extraditable offenses to include narcotics violations, aircraft hijacking, bribery, and obstruction of justice, as well as many other offenses not covered by our existing extradition treaty with Colombia. Upon entry into force, it will terminate and supersede the existing Extradition Treaty and Supplementary Convention between the United States and Colombia.

This treaty will make a significant contribution to international cooperation in law enforcement. I recommend that the Senate give early and favorable consideration to the treaty and give its advice and consent to ratification.

RONALD REAGAN.

LETTER OF SUBMITTAL

DEPARTMENT OF STATE,

Washington, May 9, 1981.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you the Extradition Treaty between the United States of America and the Republic of Colombia, signed at Washington on September 14, 1979. I recommend that the treaty be transmitted to the Senate for its advice and consent to ratification.

This treaty follows generally the form and content of extradition treaties recently concluded by this Government. The treaty provides for the extradition of fugitives who have been charged with or convicted of any of thirty-five offenses listed in the schedule annexed to the treaty. Significant newly-listed offenses, which are not in our existing treaty with Colombia, include those relating to narcotics, aircraft hijacking, bribery, and obstruction of justice (both Colombia and the United States are Parties to multilateral conventions which in effect have amended the existing bilateral treaty to include narcotics and hijacking offenses).

Article 1 includes a jurisdictional provision which allows extradition where the offense has been committed outside the territory of the requesting State by a national of that State.

Crimes committed outside the territory of the requesting State may also provide the basis for extradition if the offense so committed would also be punishable under the law of the requested State in similar circumstances. Like provisions are contained in United States extradition treaties with the Federal Republic of Germany, Japan, and Mexico. It is anticipated that such provisions would be useful in the areas of narcotics and counterfeiting violations.

Article 2 includes as extraditable offenses those, whether listed or not, which are punishable under the Federal laws of the United States and the laws of Colombia and carry a term of imprisonment for a maximum period exceeding one year in both countries.

Article 2 also authorizes extradition under certain conditions for an attempt to commit or a conspiracy to commit any extraditable offense. This article also permits the Government of the United States to request the extradition of a person for any extraditable offense when Federal jurisdiction is based upon the use of the mails or other means of carrying out interstate commerce.

Article 3 defines the territorial application of the treaty. This article expands the normal context of that concept to include aircraft in flight. This provision also extends jurisdiction to acts of aircraft piracy, whether or not they occur over the territory of either of the Parties.

Article 4 provides that extradition shall not be granted for political or military offenses. It also prohibits extradition where the request, while involving an offense not political in nature, is made for political purposes. Article 4 grants the Executive Authority of the requested State the authority to decide on the application of the political or military offense exceptions unless it is otherwise provided by the laws of that State. This would mean that in the United States the authority rests with the Executive branch.

Article 5 contains a prior jeopardy provision. It excludes extradition in cases where the person requested has been prosecuted in the requested State for the offense for which extradition is requested.

Article 6 precludes extradition where prosecution or enforcement of the penalty for the offense for which extradition is sought has become barred by lapse of time according to the laws of the requested or requesting Party.

Article 7 permits refusal of extradition in capital cases unless satisfactory assurances are received that the death penalty will not be imposed or, if imposed, will not be executed for an offense not punishable by death in the country from which extradition is requested. A similar article has been included in most recent treaties.

Article 8 deals with the extradition of nationals. It is similar to provisions in some of our other recently signed extradition treaties. It grants the Executive the discretionary power to extradite nationals of its own country. If extradition is denied on the basis of nationality, however, the requested Party undertakes to submit the case to its competent authorities for the purpose of prosecution, provided that Party has jurisdiction over the offense. This article thus takes into account the law of Colombia which normally prohibits extradition of Colombian nationals but allows for their prosecution in Colombia for offenses committed abroad.

Article 8 also contains an innovation. It imposes an obligation on the requested State to extradite all persons, including its nationals, in cases where the offense involves punishable acts in both countries and the offense was intended to be consummated in the requesting State. This provision is especially important in prosecuting exporters of dangerous drugs and narcotics.

Articles 9-18 outline the procedures by which extradition shall be accomplished. Article 9 limits extradition to cases where there is sufficient evidence, according to the laws of the requested State, to bring the person sought to trial had the offense been committed in the requested State or where the person sought is shown to be the person convicted by the courts of the requesting State.

Article 9 also provides that the requested Party shall make all arrangements necessary for internal extradition procedures and employ all legal means to obtain from the judicial authorities the decisions necessary to perfect the extradition request. We expect to continue the present practice under which each country is represented in extradition proceedings by the other’s Justice Department.

Article 19 provides that the requesting Party shall pay the costs associated with the transportation of the person sought and with the translation of extradition documents.

Article 20 provides that the treaty is retroactive in effect as to extraditable offenses which were committed before the date of its entry into force if they were punishable under the laws of both Parties when committed.

Article 21 provides that the treaty will enter into force on the date of exchange of the instruments of ratification. Upon entry into force, this treaty will terminate the Treaty of Extradition between the United States and Colombia signed on May 7, 1888 and the Supplementary Convention signed on September 9, 1940.

The Department of Justice joins the Department of State in favoring approval of this treaty by the Senate at an early date.

Respectfully submitted,

WILLIAM CLARK.

EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF COLOMBIA

The Government of the United States of America and the Government of the Republic of Colombia,

Desiring to provide for more effective cooperation between the two States in the repression of crime; and

Desiring to conclude a new Treaty for the reciprocal extradition of offenders;

Have agreed as follows:

ARTICLE 1

Obligation to Extradite

(1) The Contracting Parties agree to extradite to each other, subject to the provisions described in this Treaty, persons found in the territory of one of the Contracting Parties who have been charged with an offense, found guilty of committing an offense, or are wanted by the other Contracting Party for the enforcement of a judicially pronounced penalty involving a deprivation of liberty for an offense, committed within the territory of the Requesting State.

(2) When the offense has been committed outside the territory of the Requesting State, the Requested State shall grant extradition, subject to the provisions of this Treaty, if:

(a) Its laws would provide for the punishment of such an offense in similar circumstances; or

(b) The person sought is a national of the Requesting State, and that State has jurisdiction to try that person.

ARTICLE 2

Extraditable Offenses

(1) Extraditable offenses under this Treaty are:

(a) Offenses described in the Appendix to this Treaty which are punishable under the laws of both Contracting Parties; or

(b) Offenses, whether listed in the Appendix to this Treaty or not, provided they are punishable under the Federal laws of the United States and the laws of the Republic of Colombia.

(2) For the purposes of this Article, it shall not matter whether or not the laws of the Contracting Parties place the offense within the same category of offenses or denominate an offense by the same terminology.

(3) Extradition shall be granted in respect of an extraditable offense only if the offense is punishable under the laws of both Contracting Parties by deprivation of liberty for a period exceeding one year. However, when the request for extradition relates to a person who has been convicted and sentenced, extradition shall be granted only if the duration of the penalty still to be served amounts to at least six months.

(4) Subject to the conditions set out in paragraphs (1), (2), and (3) extradition shall also be granted:

(a) For attempting to commit an offense or participating in the commission of an offense. Extradition shall also be granted for association to commit offenses as provided by the laws of Colombia and for conspiracy to commit an offense as provided by the laws of the United States.

(b) For any extraditable offense when, for the purpose of granting jurisdiction to either Contracting Party, transportation of persons or property, the use of the mails or other means of carrying out interstate or foreign commerce is also an element of the specific offense.

(5) When extradition has been granted with respect to an extraditable offense it shall also be granted in respect to any other offense specified in the extradition request that meets all other requisites of extradition except that set forth in paragraph (3) of this Article.

ARTICLE 3

Territorial Application

For the purposes of this Treaty the territory of a Contracting Party shall comprise all territory under the jurisdiction of that Contracting Party, including airspace and territorial waters.

ARTICLE 4

Political and Military Offenses

(1) Extradition shall not be granted when the offense for which extradition is requested is of a political character or is connected with an offense of a political character, or when the person whose extradition is requested proves that the extradition is requested for the exclusive purpose of trying or punishing that person for an offense of the above-mentioned character.

(2) Extradition shall not be granted when the offense for which extradition is requested is of a purely military nature.

(3) The Executive Authority of the Requested State shall decide on the application of this Article, unless otherwise provided by the laws of that State.

ARTICLE 5

Prior Jeopardy for the Same Offense

(1) Extradition shall not be granted when the person sought has been tried and convicted or acquitted by the Requested State for the offense for which extradition is requested.

(2) The fact that the competent authorities of the Requested State have decided not to prosecute the person sought for the acts for which extradition is requested or decided to discontinue any criminal proceedings which have been initiated shall not preclude extradition.

ARTICLE 6

Statute of Limitations

Extradition shall not be granted when the prosecution or the enforcement of the penalty for the offense for which extradition has been sought has become barred by lapse of time according to the laws of the Requesting State.

ARTICLE 7

Capital Punishment

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

ARTICLE 8

Extradition of Nationals

(1) Neither Contracting Party shall be bound to deliver up its own nationals, but the Executive Authority of the Requested State shall have the power to deliver them up if, in its discretion it be deemed proper to do so. However, extradition of nationals will be granted pursuant to the provisions of this Treaty in the following instances:

(a) Where the offense involves acts taking place in the territory of both States with the intent that the offense be consummated in the Requesting State; or

(b) Where the person for whom extradition is sought has been convicted in the Requesting State of the offense for which extradition is sought.

(2) If extradition is not granted pursuant to paragraph (1) of this Article, the Requested State shall submit the case to its competent judicial authorities for the purpose of initiating the investigation or to further the related prosecution, provided that the Requested State has jurisdiction over the offense.

ARTICLE 9

Extradition Procedures and Required Documents

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

(2) The request for extradition shall be accompanied by:

(a) Documents, statements, or other evidence which describe the identity and probable location of the person sought;

(b) A statement of the facts of the case;

(c) The texts of the laws describing the essential elements and the designation of the offense for which extradition is requested;

(d) The texts of the laws describing the punishment for the offense; and

(e) The texts of the laws describing the time limit on the prosecution or the execution of punishment for the offense.

(3) When the request for extradition relates to a person who has not been convicted, it shall be accompanied by:

(a) A copy of the indictment or its equivalent issued by a judge or other judicial authority of the Requesting State;

(b) Evidence proving that the person sought is the person to whom the indictment or its equivalent refers; and

(c) Such evidence as would provide probable cause to suspect, according to the laws of the Requested State, that the person sought has committed the offense for which extradition is requested.

(4) When the request for extradition relates to a convicted person, it shall be accompanied by:

(a) A copy of the judgment of conviction imposed by a court of the Requesting State; and

(b) Evidence proving that the person sought is the person to whom the conviction refers. If the person has been found guilty but not sentenced, the request for extradition shall also be accompanied by evidence to that effect and by a copy of the warrant of arrest.

If the convicted person has been sentenced, the request for extradition shall also be accompanied by a copy of the sentence imposed and a statement showing to what extent the sentence has not been carried out.

(5) All the documents to be submitted by the Requesting State in accordance with Articles 9 and 10 of this Treaty shall be translated into the language of the Requested State.

(6) The documents which accompany the extradition request shall be admitted into evidence when:

(a) In the case of a request emanating from the United States, they are signed by a judge, magistrate or other judicial officer and authenticated by the official seal of the Department of State and certified by a diplomatic or consular officer of the Republic of Colombia in the United States.

(b) In the case of a request emanating from the Republic of Colombia they are signed by a judge or other judicial authority and are certified by the principal diplomatic or consular officer of the United States of America in the Republic of Colombia.

(7) The Requested State shall review for legal sufficiency documentation in support of an extradition request prior to presentation to the judicial authorities and shall provide for legal representation to protect the interests of the Requesting State before the competent authorities of the Requested State.

ARTICLE 10

Additional Evidence

(1) If the Executive Authority of the Requested State considers that the evidence furnished in support of the request for the extradition of a person sought is not sufficient to fulfill the requirements of this Treaty, that State shall request the submission of necessary additional evidence. The Requested State may set a time limit for the submission of such evidence and may grant a reasonable extension of the time limit upon application of the Requesting State setting forth the reasons therefor.

(2) If the person sought is in custody and the additional evidence or information submitted is not sufficient, or if such evidence or information is not received within the period specified by the Requested State, that person shall be discharged from custody. However, such discharge shall not bar a subsequent request for extradition for the same offense, and the person sought may be detained again. In this connection it shall be sufficient if reference is made in the subsequent request to the supporting documents already submitted provided these documents are available at the beginning of the new extradition proceedings.

ARTICLE 11

Provisional Detention

(1) In case of urgency, either Contracting Party may request, through the diplomatic channel, the provisional detention of an accused or convicted person. The application shall contain a description of the person sought, a statement of intention to present the request for extradition of the person sought and a statement of the existence of a warrant of arrest or a judgment of conviction against that person.

(2) On receipt of such an application the Requested State shall take necessary steps to secure the detention of the person sought.

(3) Provisional detention shall be terminated if, within a period of 60 days after the apprehension of the person sought, the Executive Authority of the Requested State has not received the formal request for extradition and the documents mentioned in Article 9.

(4) The termination of provisional detention pursuant to paragraph (3) shall not prejudice the extradition of the person sought if the extradition request and the supporting documents mentioned in Article 9 are delivered at a later date.

ARTICLE 12

Decision and Surrender

(1) The Requested State shall promptly communicate to the Requesting State the decision on the request for extradition.

(2) The Requested State shall give the reasons for the complete or partial rejection of the request for extradition.

(3) If the extradition has been granted, surrender of the person sought shall take place within such time as may be prescribed by the laws of the Requested State. The competent authorities of the Contracting Parties shall agree on the time and place of the surrender of the person sought.

(4) If a warrant or order for the extradition of a person sought has been issued by the competent authority and the person is not removed from the territory of the Requested State within such time as may be prescribed by its laws or, if the laws of the Requested State do not prescribe such time, within 60 days after notification of the extradition order to the Requesting State, that person shall be set at liberty and subsequently extradition may be refused for the same offense.

ARTICLE 13

Delayed Surrender

After the extradition request has been granted, the Requested State may defer the surrender of the requested person when that person is being proceeded against or is serving a sentence in the territory of the Requested State for an offense other than that for which extradition is sought, until the conclusion of the proceedings or the full execution of any punishment that person may be or may have been awarded.

ARTICLE 14

Requests for Extradition Made by Several States

The Executive Authority of the Requested State, upon receiving requests from the other Contracting Party and from a third State or States 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 that person.

ARTICLE 15

Rule of Speciality

(1) A person extradited under the Treaty shall not be detained, tried or punished in the territory of the Requesting State for an offense other than that for which extradition has been granted, nor be extradited by that State to a third State, unless:

(a) That person has left the territory of the Requesting State after that person’s extradition and has voluntarily returned to it; or

(b) That person has not left the territory of the Requesting State within 60 days after being free to do so; or

(c) The Executive Authority of the Requested State has consented to that person’s detention, trial, or punishment for another offense, or to extradition to a third State, provided that the principles of Article 4 of this Treaty shall be observed.

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

(2) If the offense for which the person was extradited is legally altered in the course of proceedings, that person may be prosecuted or sentenced provided:

(a) The offense under its new legal description is based on the same set of facts contained in the extradition request and its supporting documents, and

(b) The defendant is subject to be sentenced to a period of incarceration which does not exceed that provided for the offense for which that person was extradited.

ARTICLE 16

Simplified Extradition

If the extradition of a person sought is not obviously precluded by the laws of the Requested State and provided the person sought irrevocably agrees in writing to the extradition after personally being advised by a judge or competent magistrate of that person’s right to formal proceedings and the protection afforded by them, the Requested State may grant the extradition without the formal proceeding having taken place.

ARTICLE 17

Surrender of Articles, Instruments, Objects, and Documents

(1) To the extent permitted under the laws of the Requested State and subject to the rights of third parties, which shall be duly respected, all articles, instruments, objects of value or documents relating to the offense, whether or not used for its execution, or which in any other manner may be material evidence for the prosecution, may be surrendered upon the granting of the extradition even when extradition cannot be effected due to the death, disappearance, or escape of the accused.

(2) The Requested State may demand from the Requesting State, as a condition for the surrender, satisfactory assurances that the articles, instruments, objects of value and documents will be returned to the Requested State, as soon as possible or upon conclusion of the criminal proceedings.

ARTICLE 18

Transit

(1) 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 may be granted on request made through the diplomatic channel if reasons of public order are not opposed to the transit.

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

ARTICLE 19

Expenses

Expenses related to the translation of documents and to the transportation of the person sought shall be paid by the Requesting State. All other expenses related to the extradition request and proceedings shall be borne by the Requested State. No pecuniary claim, arising out of the arrest, detention, examination and surrender of persons sought under the terms of this Treaty, shall be made by the Requested State against the Requesting State.

ARTICLE 20

Scope of Application

This Treaty shall apply to offenses encompassed by Article 2 committed before as well as after the date this Treaty enters into force. Extradition shall not be granted, however, for an offense committed before this Treaty enters into force which was not an offense under the laws of both Contracting Parties at the time of its commission.

ARTICLE 21

Ratification; Entry into Force; Denunciation

(1) This Treaty shall be subject to ratification; the instruments of ratification shall be exchanged at Washington as soon as possible.

(2) This Treaty shall enter into force on the date of the exchange of the instruments of ratification.

(3) On the entry into force of this Treaty, the Convention for the Reciprocal Extradition of Criminals of May 7, 1888, and the Supplementary Convention of Extradition of September 9, 1940, between the United States of America and the Republic of Colombia shall cease to have effect; however, any extradition proceedings pending in the Requested State at the time this Treaty enters into force shall remain subject to the previous treaties.

(4) Either Contracting Party may terminate this Treaty at any time by giving notice to the other Party 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 Treaty.

Done at Washington, in duplicate, in the English and Spanish languages, each text being equally authentic, this fourteenth day of September, 1979.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA:

APPENDICES:

APPENDIX

SCHEDULE OF OFFENSES

1. Murder; assault with intent to commit murder.

2. Manslaughter.

3. Malicious wounding; inflicting grievous bodily harm.

4. Rape; indecent assault.

5. Unlawful sexual acts with or upon children under the age specified by the laws of the Contracting Parties.

6. 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.

7. Kidnapping; abduction; false imprisonment.

8. Extortion; blackmail.

9. Robbery; burglary; larceny.

10. Fraud, which includes obtaining property, money or valuable securities by false pretenses or by defrauding the public or any person by deceit or falsehood or other fraudulent means, whether such deceit or falsehood or any fraudulent means would or would not amount to a false pretense.

11. Embezzlement; breach of trust; graft.

12. Any offense against the laws relating to counterfeiting and forgery.

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

14. Arson.

15. Malicious injury to property.

16. Offenses endangering public safety through explosion, flooding, or other destructive means.

17. Piracy, as defined by statute or by law of nations; mutiny or revolt on board an aircraft or vessel against the authority of the captain or commander of such aircraft or vessel.

18. Unlawful seizure of an aircraft or vessel.

19. Any malicious act done with intent to endanger the safety of any person traveling upon a railway, or in any aircraft or vessel or bus or other means of transportation.

20. Offenses against the laws relating to firearms, ammunition, explosives, incendiary devices or nuclear materials.

21. Offenses against the laws relating to the traffic in, possession, or production or manufacture of, narcotic drugs, cannabis, hallucinogenic drugs, cocaine and its derivatives, and other substances which produce physical or psychological dependence.

22. Offenses against public health, such as the illicit manufacture of or traffic in chemical products or substances injurious to health.

23. An offense against the laws relating to importation, exportation or transit of goods, persons, articles, or merchandise, including violations of the customs laws.

24. Offenses relating to willful evasion of taxes and duties.

25. Procuration.

26. Any offense relating to false testimony, perjury, or subornation of perjury.

27. Making a false statement to a government agency or official.

28. Offenses against the laws relating to the administration or obstruction of justice.

29. Bribery, including soliciting, offering and accepting.

30. Offenses against the laws relating to regulation of public administration or abuse of public office. 31. Offenses against the laws relating to the control of companies, corporations, or other juridical persons.

32. Offenses against the laws relating to control of private monopoly or unfair competition. 33. Offenses against the national economy, that is, offenses relating to basic commodities, or of securities and similar documents, including their issuance, registry, commercialization, trading or sale.

34. Offenses against the laws relating to bankruptcy.

35. Any offense against the laws relating to international trade and transfers of funds.

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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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China (Hong Kong) Extradition Treaty with the United States

April 14, 2011

China (Hong Kong) International Extradition Treaty with the United States

December 20, 1996, Date-Signed

January 21, 1998, Date-In-Force

LETTER OF TRANSMITTAL

THE WHITE HOUSE, March 3, 1997. To the Senate of the United States:

With a view to receiving the advice and consent of the Senate to ratification as a treaty, I transmit herewith the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders signed at Hong Kong on December 20, 1996 (hereinafter referred to as ‘‘the Agreement’’). In addition, I transmit for the information of the Senate, the report of the Department of State with respect to the Agreement. As a treaty, this Agreement will not require implementing legislation.

This Agreement will, upon entry into force, enhance cooperation between the law enforcement communities of the United States and Hong Kong, and will provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997. Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.

The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.

I recommend that the Senate give early and favorable consideration to the Agreement and give its advice and consent to its ratification as a treaty.

WILLIAM J. CLINTON.

LETTER OF SUBMITTAL

Department of State

Washington, February 4, 1997

The President
The White House

THE PRESIDENT: I have the honor to submit to you the Agreement between the Government of the United States of America and the Government of Hong Kong For the Surrender of Fugitive Of- fenders, (hereinafter referred to as ‘‘the Agreement’’), signed at Hong Kong on December 20, 1996. I recommend that the Agreement be transferred to the Senate for its advice and consent to ratification as a treaty as soon as possible so that it may become effective prior to the reversion of Hong Kong to the sovereignty of the People’s Republic of China (PRC) on July 1, 1997. Given the absence of an extradition treaty with the PRC, this US-Hong Kong treaty would provide the means to ensure an ongoing extradition relationship with Hong Kong, avoiding a gap in our law enforcement relationship.

The Agreement follows generally the form and content of extradition treaties recently concluded by the United States. It rep- resents a concerted effort by the Department of State and the Department of Justice to modernize the legal tools available for the extradition of serious offenders such as narcotics traffickers and terrorists and also to address the particular issues related to the status of Hong Kong.

Although entitled an ‘‘Agreement’’ to reflect Hong Kong’s unique juridical status, for purposes of U.S. law, the instrument will be considered to be a treaty, and therefore I am submitting it to you for transmittal to the Senate for advice and consent to ratification. In that regard, I note that Hong Kong is entering into the Agreement with the authorization of ‘‘the sovereign government which is responsible for its foreign affairs.’’ At present, that is the United Kingdom. However, the PRC has also approved the Agreement and authorized its continuation in force after July 1, 1997 through approval of the Sino-British Joint Liaison Group. For ease of reference, the relevant sovereign is referred to in this report as the PRC although there could be a brief period after the treaty enters into force when the sovereign would still be the United Kingdom.

Article 1 obligates each Party to extradite to the other, in accordance with the provisions of the Agreement, any person wanted for prosecution or for the imposition or enforcement of a sentence in respect of an offense described in Article 2.

Article 2 contains an extensive list of offenses for which the Par- ties agree to surrender fugitive offenders, provided that the offense is punishable by both parties by imprisonment or other form of detention for more than one year, or by a more severe penalty. Significantly, the Agreement follows the modern dual criminality model by including as the last item in the list of offenses, ‘‘any other offense which is punishable under the laws of both Parties by imprisonment or other form of detention for more than one year, or by a more severe penalty, unless surrender for such offense is prohibited by the laws of the requested Party.’’ Inclusion of this dual criminality clause obviates the need to renegotiate or supplement the Agreement as offenses become punishable under the laws of both Parties. In keeping with most recently negotiated U.S. ex- tradition treaties, the Article further provides that in determining whether an offense is an offense under the law of the requested Party, the conduct of the person shall be examined by reference to the totality of the underlying criminal conduct without reference to the elements of the offense prescribed by the law of the requested Party. Article 2(5) contains the standard provision found in other extradition treaties that an offense under military law shall not be considered to be an offense for purposes of paragraph (1) of this Article.

Article 3, like most modern extradition treaties concluded by the United States, provides that surrender shall not normally be re- fused on the ground that the person sought is a national of the requested Party. However, the executive authority of Hong Kong re- serves the right to refuse surrender of nationals of the PRC in cases in which: (1) the requested surrender relates to the defense, foreign affairs or essential public interest or policy of the PRC, or (2) the person sought neither has the right of abode in Hong Kong nor has entered Hong Kong for the purpose of settlement, and the PRC has jurisdiction over the offense and has commenced or completed proceedings for the prosecution of that person. The executive authority of the United States reserves the same right to refuse the surrender of U.S. nationals on grounds of defense, foreign affairs or essential public interest or policy of the United States of America. Article 3(4) provides that in a case in which the person sought by the United States has neither the right of abode in Hong Kong nor has entered Hong Kong for the purpose of settlement, and the PRC has jurisdiction and is investigating an offense by that person, action on the extradition request by the United States may be deferred until the investigation has been expeditiously concluded. Article 3(5) provides that in cases in which extradition is refused on the grounds of its relation to defense, foreign affairs or essential public interest or policy, the requesting Party may request that the case be submitted to the competent authorities of the requested Party who will consider whether to bring a prosecution. The delegations expressed their shared intention that this Article would rarely be invoked.

Under Article 4, when an offense for which surrender is sought is punishable by death under the laws of the requesting Party and is not so punishable under the laws of the requested Party, the requested Party, may refuse surrender unless the other Party provides assurances that the death penalty will not be imposed or, if imposed, will not be carried out. The United States has agreed to a similar formulation in other modern extradition treaties.

Article 5, following modern practice, bars surrender when the person sought has been convicted or acquitted in the requested Party for the same offense, but does not bar extradition if the competent authorities in the requested Party have declined to prosecute or have decided to discontinue criminal proceedings.

Article 6 incorporates a political offense exception to extradition similar to provisions contained in U.S. Extradition treaties concluded in recent years with a number of other countries. After prohibiting extradition for offenses of a political character, the Article expressly excludes from the reach of the exception an offense for which both Parties are obliged pursuant to a multilateral inter- national agreement to extradite the person sought or to submit the case to their competent authorities for decision as to prosecution (e.g., aircraft hijacking pursuant to The Hague Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague December 16, 1970, and entered into force October 14, 1971 aircraft sabotage pursuant to the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal September 23, 1971, and entered into force January 26, 1973, crimes against internationally protected persons, including diplomats, under the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, done at New York on December 14, 1973, and entered into force February 20, 1977; and hostage taking, pursuant to the International Convention Against the Taking of Hostages, done at New York on December 17, 1979, and entered into force June 3, 1983, and for the United States January 6. The article likewise excludes from the reach of the political offense exception murder or other willful crime against the person of the head of state of the United States or the PRC or a member of the Head of State’s immediate family. A conspiracy or attempt to commit this offense or the multilateral international agreement offenses described above shall also not be considered to be an offense of a political character.

Article 6 further mandates the denial of extradition if the competent authority of the requested Party, which is expressly designated in the Article as the executive authority in the United States, determines (1) that the request was politically motivated, (2) that the request was made for the primary purpose of prosecuting or punishing the person sought on account of his race, religion, nationality or political opinion, or (3) that the person sought is likely to be denied a fair trial or punished on account of his race, religion, nationality, or political opinions. The United States has agreed to the inclusion of such a comprehensive provision in a few other modern extradition treaties.

Article 7, as in the U.S.-Norway extradition treaty, provides that the competent authority of the requested Party, which is designated as the executive authority in the United States, may in its discretion refuse the surrender of a fugitive when it believes that such surrender is likely to entail exceptionally serious consequences related to the age or health of the fugitive. This provision has rarely been accepted by the United States and the delegations expressed their shared expectation that this Article would apply only in the most unusual and extraordinary circumstances.

Article 8 describes the documents that are required to support a request for extradition, following other modern extradition treaties.

Article 9 establishes the procedures under which documents sub- mitted pursuant to Article 8 shall be received and admitted into evidence in the requested Party. These provisions are also similar to those found in other modern extradition treaties.

Article 10, in keeping with other modern extradition treaties, provides for the provisional arrest and detention of the person sought pending receipt of a fully documented extradition, request in conformity with Article 8. Article 10(5) limits the period that the person sought may be so held to no more than sixty days and explicitly provides that the discharge of the person sought from custody due to lapse of time does not prejudice subsequent rearrest and extradition upon later receipt of the extradition request and supporting documents.

Article 11 again reflects U.S. practice in modern extradition treaties, providing that if the executive authority of the requested Party has received requests for the extradition of a fugitive of- fender from more than one country with which either Party has arrangements for the surrender of fugitive offenders, it shall make its decision having regard to all the circumstances, including the relevant provisions of such agreements or arrangements, the place of commission of the offenses, their relative seriousness, the respective dates of the requests, the nationality of the fugitive offender, the nationality of the victim, and the possibility of subsequent surrender to another jurisdiction.

Article 12 contains provisions on representation and expenses that are similar to those found in other modern extradition treaties. Specifically, the requested Party bears ordinary expenses for the legal representation of the requesting Party in any proceedings arising out of a request for surrender of a fugitive offender. In the event that the requesting Party arranges its own additional legal representation and assistance, it bears any additional expenses incurred. Article 12(3) clarifies that neither Party shall make any pecuniary claim against the other Party arising out of the arrest, detention, examination, or surrender of persons sought under the Agreement.

Pursuant to Article 13, a fugitive offender shall be surrendered only if the evidence is found sufficient according to the law of the requested Party either to justify the committal for trial of the per- son sought if the offense of which he had been accused had been committed in the territory of the requested Party or to establish that he is the person found guilty, convicted or sentenced by the courts of the requesting Party. These requirements are found in many modern U.S. extradition treaties and preserve the ‘‘probable cause’’ standard in cases of requests to the United States.

Article 14 sets forth the standard procedures to govern the surrender and return of fugitive offenders, including the release from custody of a fugitive offender if the requesting Party does not take custody of the person claimed on the date agreed to by the Parties. Like other recent extradition treaties, it provides that, if a request is denied in whole or in part, the requested Party, to the extent permitted under its law, is to provide an explanation of the reasons for the denial and, at the request of the requesting Party, copies of pertinent judicial decisions.

Article 15 follows other modern extradition treaties in providing that when a person is surrendered, the requested Party shall, so far as its law allows and subject to conditions it may impose to protect the rights of other claimants, furnish the requesting Party with all sums of money and other articles which may serve as evidence in the requesting Party’s prosecution or which may have been acquired by the person sought as a result of the offense and are in his or her possession.

Article 16 expressly incorporates into the Agreement a typical formulation of the rule of speciality. It provides, subject to specific exceptions, that a person extradited under the Agreement may not be proceeded against, sentenced or detained with a view to the carrying out of a sentence for any offense committed prior to his surrender other than that for which extradition has been granted unless the requested Party consents. Furthermore, the requesting Party may not surrender or transfer such person beyond its jurisdiction for the offense for which his surrender was granted or for an offense committed prior to his original surrender without the consent of the requested Party. In the case of Hong Kong, this con- sent requirement would apply to any proposed surrender or transfer outside of Hong Kong. The limitations imposed under Article 16 do not apply if the person has had an opportunity to leave the jurisdiction of the Party to which he has been surrendered and has not done so within thirty days or leaves and voluntarily returns.

Article 17, which resembles provisions in most recent United States extradition treaties, provides for the temporary or deferred surrender of persons who are serving a sentence or are being prosecuted in the territory of the requested Party.

Article 18 permits surrender without further proceedings if the person sought gives his consent, as is the case in most modern treaties. It further provides that, to the extent required under the law of the requested Party, the rule of speciality in Article 16 shall apply to such transfers. Although U.S. law does not impose speciality limitations in such cases, the Hong Kong negotiators informed the United States delegation that such speciality limitations apply under Hong Kong law.

Article 19 governs the transit through the territory of one Party of a person being surrendered to the other Party by a third state. As with similar provisions in other recent extradition treaties, it provides that either Party may authorize such transit through its jurisdiction and that the person in transit may be detained in custody during the period of transit.

Article 20 contains final clauses dealing with the Agreement’s entry into force, termination and application. Of particular importance, Paragraph 3 makes the Agreement’s restrictions on capital punishment and on prosecutions and transfers for offenses other than those for which extradition was granted, set forth in Articles 4 and 16, expressly applicable to fugitive offenders who have been surrendered between the parties prior to the Agreement’s entry into force. It also specifies that the Agreement would apply to requests for surrender pending at the date of its entry into force.

Paragraph 1 provides for entry into force thirty days after the date on which the Parties have notified each other in writing that their respective requirements for entry into force have been complied with. Such mutual notification will therefore need to take place no later than May 30 in order to avoid a law enforcement gap upon reversion on July 1.

Paragraph 2 provides for termination six months after receipt of written notice by either Party.

Paragraph 4, like the parallel provision in almost all recent United States ex- tradition treaties, stipulates that the Agreement is retroactive, in the sense that it applies to offenses committed both before and after its entry into force, provided that the offense was an offense under the laws of both parties at the time the request is made.

A Technical Analysis explaining in detail the provisions of the Agreement is being prepared by the United States negotiating delegation and will be submitted separately to the Senate Committee on Foreign Relations.

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

Respectfully submitted,

MADELEINE ALBRIGHT.

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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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Chile Extradition Treaty with the United States

April 13, 2011

Chile International Extradition Treaty with the United States

April 17, 1900, Date-Signed

June 26, 1902, Date-In-Force

January 12, 2010, Date-Signed

Not-In-Force

Treaty between the United States and Chile providing for the extradition of criminals.

Signed at Santiago on April 17, 1900. Ratification with amendments advised by the Senate on December 18, 1900. Ratified by the President on May 24, 1902. It was Ratified by Chile on February 26, 1902. Ratifications were exchanged at Washington on May 27, 1902. It was Proclaimed on May 27, 1902.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Treaty between the United States of America and the Republic of Chile providing for the extradition of fugitives from justice was concluded and signed by their respective Plenipotentiaries at Santiago, on the seventeenth day of April, one thousand nine hundred, the original of which Treaty, being in the English and Spanish languages is, (as amended by the Senate of the United States) word for word as follows:

The United States of America and the Republic of Chile, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the United States of America and the Republic of Chile, and have appointed for that purpose the following Plenipotentiaries:

The President of the United States of America, Henry L. Wilson, Envoy Extraordinary and Minister Plenipotentiary of the United States in Chile, and the President of Chile, Señor Don Rafael Errázuriz Urmeneta, Minister of Foreign Relations of Chile.

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:

ARTICLE I.

The Government of the United States and the Government of Chile mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes and offenses specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offense had been there committed.

ARTICLE II.

Extradition shall be granted for the following crimes and offenses:

1. Murder, comprehending assassination, parricide, infanticide, and poisoning; attempt to commit murder; manslaughter, when voluntary.

2. Arson.

3. Robbery, defined to be the act of feloniosly and forcibly taking from the person of another money, goods, documents or other property by violence or putting him in fear; burglary.

4. Forgery, or the utterance of forged papers; the forgery or falsification of official acts of Government, of public authorities, or of courts of justice, or the utterance of the thing forged or falsified.

5. The counterfeiting, falsifying or altering of money, whether coin or paper, or of instruments of debt created by national, state, provincial, or municipal governments, or of coupons thereof, or of bank notes or the utterance or circulation of the same; or the counterfeiting, falsifying or altering of seals of state.

6. Embezzlement by public officers; embezzlement by persons hired or salaried, to the detriment of their employers where in either class of cases the embezzlement exceeds the sum of two hundred dollars; larceny.

7. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of both countries and the amount of money or the value of the property misappropriated is not less than two hundred dollars.

8. Perjury; subornation of perjury.

9. Rape; abduction; kidnapping.

10. Willful and unlawful destruction or obstruction of railroads which endangers human life.

11. Crimes committed at sea.

(a) Piracy, by statute or by the laws of nations.

(b) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master.

(c) Wrongfully sinking or destroying a vessel at sea, or attempting to do so.

(d) Assaults on board a ship on the high seas with intent to do grievous bodily harm.

12. Crimes and offenses against the laws of both countries for the suppression of slavery and slave trading.

Extradition is also to take place for participation in any of the crimes and offenses mentioned in this Treaty, provided such participation may be punished, in the United States as a felony, and in the Republic of Chile by imprisonment at hard labor.

ARTICLE III.

Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting parties, or in the absence of these from the country or its seat of government, may be made by the superior consular officers.

If the person whose extradition is requested shall have been convicted of a crime or offense, a duly authenticated copy of the sentence of the court in which he was convicted, or if the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositions or other evidence upon which such warrant was issued, shall be produced.

The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in the Republic of Chile, respectively, in conformity with the laws regulating extradition for the time being in force in the state on which the demand for surrender is made.

ARTICLE IV.

Where the arrest and detention of a fugitive are desired on telegraphic or other information in advance of the presentation of formal proofs, the proper course in the United States shall be to apply to a judge or other magistrate authorized to issue warrants of arrest in extradition cases and present a complaint on oath, as provided by the statutes of the United States.

When, under the provisions of this article, the arrest and detention of a fugitive are desired in the Republic of Chile, the proper course shall be to apply to the Foreign Office, which will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of the fugitive.

The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender, accompanied by the necessary evidence of his criminality has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention.

ARTICLE V.

Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Treaty.

ARTICLE VI.

A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character.

No person surrendered by either of the high contracting parties to the other shall be triable or tried, or be punished, for any political crime or offense, or for any act connected therewith, committed previously to his extradition.

If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the government on which the demand for surrender is made, or which may have granted the extradition, shall be final.

ARTICLE VII.

Extradition shall not be granted, in pursuance of the provisions of this Treaty if legal proceedings or the enforcement of the penalty for the act committed by the person claimed has become barred by limitation, according to the laws of the country to which the requisition is addressed.

ARTICLE VIII.

No person surrendered by either of the high contracting parties to the other shall, without his consent, freely granted and publicly declared by him, be triable or tried or be punished for any crime or offense committed prior to his extradition, other than that for which he was delivered up, until he shall have had an opportunity of returning to the country from which he was surrendered.

ARTICLE IX.

All articles seized which are in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable and in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected.

ARTICLE X.

If the individual claimed by one of the high contracting parties, in pursuance of the present Treaty, shall also be claimed by one or several other powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the state whose demand is first received: Provided, that the government from which extradition is sought is note bound by treaty to give preference otherwise.

ARTICLE XI.

The expenses incurred in the arrest, detention, examination, and delivery of fugitives under this Treaty shall be borne by the state in whose name the extradition is sought: Provided, that the demanding government shall not be compelled to bear any expense for the services of such public officers of the government from which extradition is sought as receive a fixed salary; And, provided, that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for the acts or services performed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers.

ARTICLE XII.

The present treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retroactively.

The ratifications of the present Treaty shall be exchanged at Washington as soon as possible, and it shall remain in force for a period of six months after either of the contracting governments shall have given notice of a purpose to terminate it.

In witness whereof, the respective Plenipotentiaries have signed the above articles, both in the English and Spanish languages, and have hereunto affixed their seals.

Done in duplicate, at the city of Santiago, this 17th day of April 1900.

HENRY L WILSON

R. ERRÁZURIZ URMENETA

And whereas the said Treaty (as amended by the Senate of the United States) has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the City of Washington, on the twenty-seventh day of May, one thousand nine hundred and two;

Now therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof, (as amended) may be observed and fulfilled with good faith by the United States and the citizens 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 twenty-seventh day of May in the year of our Lord one thousand nine hundred and two, and of the Independence of the United States the one hundred and twenty sixth.

THEODORE ROOSEVELT

JOHN HAY

Secretary of State.

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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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Cayman Islands Extradition Treaty with the United States

April 13, 2011

Cayman Islands International Extradition Treaty with the United States

June 8, 1972, Date-Signed

January 21, 1977, Date-In-Force

(The treaty applicable to the Cayman Islands was signed with the United Kingdom.)

United Kingdom Of Great Britain And Northern Ireland Extradition Treaty, protocol of signature and exchange of notes were signed at London on June 8, 1972; Ratification advised by the Senate of the United States of America on June 21, 1976; It was Ratified by the President of the United States of America on September 10, 1976; Ratifications were exchanged at Washington on October 21, 1976; It was Proclaimed by the President of the United States of America on November 17, 1976; It Entered into force on January 21, 1977.

With exchange of notes Signed at Washington October 21, 1976.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

CONSIDERING THAT:

The Treaty on Extradition between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, a Protocol of Signature, and an exchange of notes were signed at London on June 8, 1972, the texts of which Treaty and related documents, are hereto annexed;

The Senate of the United States of America by its resolution of June 21, 1976, two-thirds of the Senators present concurring therein, gave its advice and consent to ratification of the Treaty and the related documents;

The Treaty and the related documents were ratified by the President of the United States of America on September 10, 1976, in pursuance of the advice and consent of the Senate, and were duly ratified on the part of the United Kingdom of Great Britain and Northern Ireland;

It is provided in Article XVI of the Treaty that the Treaty shall enter into force three months after the date of the exchange of instruments of ratification;

The instruments of ratification of the Treaty were exchanged at Washington on October 21, 1976; and accordingly the Treaty and the related documents enter into force on January 21, 1977;

NOW, THEREFORE, I, Gerald R. Ford, President of the United States of America, proclaim and make public the Treaty, Protocol of Signature, and the exchange of notes, to the end that they shall be observed and fulfilled with good faith on and after January 21, 1977, 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 signed this proclamation and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this seventeenth day of November in the year of our Lord one thousand nine hundred seventy-six and of the Independence of the United States of America the two hundred first.

GERALD R. FORD

By the President:

HENRY A. KISSINGER

Secretary of State

EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

The Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland;

Desiring to make provision for the reciprocal extradition of offenders;

Have agreed as follows:

ARTICLE I

Each Contracting Party undertakes to extradite to the other, in the circumstances and subject to the conditions specified in this Treaty, any person found in its territory who has been accused or convicted of any offense within Article III, committed within the jurisdiction of the other Party.

ARTICLE II

(1) This Treaty shall apply:

(a) in relation to the United Kingdom: to Great Britain and Northern Ireland, the Channel Islands, the Isle of Man, and any territory for the international relations of which the United Kingdom is responsible and to which the Treaty shall have been extended by agreement between the Contracting Parties embodied in an Exchange of Notes; and

(b) to the United States of America;

and references to the territory of a Contracting Party shall be construed accordingly.

(2) The application of this Treaty to any territory in respect of which extension has been made in accordance with paragraph (1) of this Article may be terminated by either Contracting Party giving six months’ written notice to the other through the diplomatic channel.

ARTICLE III

(1) Extradition shall be granted for an act or omission the facts of which disclose an offense within any of the descriptions listed in the Schedule annexed to this Treaty, which is an integral part of the Treaty, or any other offense, if:

(a) the offense is punishable under the laws of both Parties by imprisonment or other form of detention for more than one year or by the death penalty;

(b) the offense is extraditable under the relevant law, being the law of the United Kingdom or other territory to which this Treaty applies by virtue of sub-paragraph (1) (a) of Article II; and

(c) the offense constitutes a felony under the law of the United States of America.

(2) Extradition shall also be granted for any attempt or conspiracy to commit an offense within paragraph (1) of this Article if such attempt or conspiracy is one for which extradition may be granted under the laws of both Parties and is punishable under the laws of both Parties by imprisonment or other form of detention for more than one year or by the death penalty.

(3) Extradition shall also be granted for the offense of impeding the arrest or prosecution of a person who has committed an offense for which extradition may be granted under this Article and which is punishable under the laws of both Parties by imprisonment or other form of detention for a period of five years or more.

(4) A person convicted of and sentenced for an offense shall not be extradited therefor unless he was sentenced to imprisonment or other form of detention for a period of four months or more or, subject to the provisions of Article IV, to the death penalty.

ARTICLE IV

If the offense for which extradition is requested is punishable by death under the relevant law of the requesting Party, but the relevant law of the requested Party does not provide for the death penalty in a similar case, extradition may be refused unless the requesting Party gives assurances satisfactory to the requested Party that the death penalty will not be carried out.

ARTICLE V

(1) Extradition shall not be granted if:

(a) the person sought would, if proceeded against in the territory of the requested Party for the offense for which his extradition is requested, be entitled to be discharged on the grounds of a previous acquittal or conviction in the territory of the requesting or requested Party or of a third State; or

(b) the prosecution for the offense for which extradition is requested has become barred by lapse of time according to the law of the requesting or requested Party; or

(c) (i) the offense for which extradition is requested is regarded by the requested Party as one of a political character; or

(ii) the person sought proves that the request for his extradition has in fact been made with a view to try or punish him for an offense of a political character.

(2) Extradition may be refused on any other ground which is specified by the law of the requested Party.

ARTICLE VI

If the person sought should be under examination or under punishment in the territory of the requested Party for any other offense, his extradition shall be deferred until the conclusion of the trial and the full execution of any punishment awarded to him.

ARTICLE VII

(1) The request for extradition shall be made through the diplomatic channel, except as otherwise provided in Article XV.

(2) The request shall be accompanied by:

(a) a description of the person sought, his nationality, if known, and any other information which would help to establish his identity;

(b) a statement of the facts of the offense for which extradition is requested;

(c) the text, if any, of the law

(i) defining that offense;

(ii) prescribing the maximum punishment for that offense; and

(iii) imposing any time limit on the institution of proceedings for that offense; and

(d) (i) where the requesting Party is the United Kingdom, a statement of the legal provisions which establish the extraditable character of the offense for which extradition is requested under the relevant law, being the law of the United Kingdom or other territory to which this Treaty applies by virtue of sub-paragraph (1) (a) of Article II;

(ii) where the requesting Party is the United States of America, a statement that the offense for which extradition is requested, constitutes a felony under the law of the United States of America.

(3) If the request relates to an accused person, it must also be accompanied by a warrant of arrest issued by a judge, magistrate or other competent authority in the territory of the requesting Party and by such evidence as, according to the law of the requested Party, would justify his committal for trial if the offense had been committed in the territory of the requested Party, including evidence that the person requested is the person to whom the warrant of arrest refers.

(4) If the request relates to a convicted person, it must be accompanied by a certificate or the judgment of conviction imposed in the territory of the requesting Party and by evidence that the person requested is the person to whom the conviction refers and, if the person was sentenced, by evidence of the sentence imposed and a statement showing to what extent the sentence has not been carried out.

(5) The warrant of arrest, or the judicial document establishing the existence of the conviction, and any deposition or statement or other evidence given on oath or affirmed, or any certified copy thereof shall be received in evidence in any proceedings for extradition:

(a) if it is authenticated in the case of a warrant by being signed, or in the case of any other original document by being certified, by a judge, magistrate or other competent authority of the requesting Party, or in the case of a copy by being so certified to be a true copy of the original; and

(b) where the requesting Party is the United Kingdom, by being sealed with the official seal of the appropriate Minister and certified by the principal diplomatic or consular officer of the United States of America in the United Kingdom; and where the requesting Party is the United States of America, by being sealed with the official seal of the Department of State for the Secretary of State; or

(c) if it is authenticated in such other manner as may be permitted by the law of the requested Party.

ARTICLE VIII

(1) In urgent cases the person sought may, in accordance with the law of the requested Party, be provisionally arrested on application through the diplomatic channel by the competent authorities of the requesting Party. The application shall contain 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 conviction against that person, and, if available, a description of the person sought, 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.

(2) A person arrested upon such an application shall be set at liberty upon the expiration of forty-five days from the date of his arrest if a request for his extradition shall not have been received. This provision shall not prevent the institution of further proceedings for the extradition of the person sought if a request is subsequently received.

ARTICLE IX

(1) Extradition shall be granted only if the evidence be found sufficient according to the law of the requested Party either to justify the committal for trial of the person sought if the offense of which he is accused had been committed in the territory of the requested Party or to prove that he is the identical person convicted by the courts of the requesting Party.

(2) If the requested Party requires additional evidence or information to enable a decision to be taken on the request for extradition, such evidence or information shall be submitted within such time as that Party shall require.

ARTICLE X

If the extradition of a person is requested concurrently by one of the Contracting Parties and by another State or States, either for the same offense or for different offenses, the requested Party shall make its decision in so far as its law allows, having regard to all the circumstances, including the provisions in this regard in any Agreements in force between the requested Party and the requesting States, the relative seriousness and place of commission of the offenses, the respective dates of the requests, the nationality of the person sought and the possibility of subsequent extradition to another State.

ARTICLE XI

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

(2) 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 required under the law of that Party, he may be set at liberty and the requested Party may subsequently refuse to extradite him for the same offense.

ARTICLE XII

(1) A person extradited shall not be detained or proceeded against in the territory of the requesting Party for any offense other than an extraditable offense established by the facts in respect of which his extradition has been granted, or on account of any other matters, nor be extradited by that Party to a third State-

(a) until after he has returned to the territory of the requested Party; or

(b) until the expiration of thirty days after he has been free to return to the territory of the requested Party.

(2) The provisions of paragraph (1) of this Article shall not apply to offenses committed, or matters arising, after the extradition.

ARTICLE XIII

When a request for extradition is granted, the requested Party shall, so far as its law allows and subject to such conditions as it may impose having regard to the rights of other claimants, furnish the requesting Party with all sums of money and other articles-

(a) which may serve as proof of the offense to which the request relates; or

(b) which may have been acquired by the person sought as a result of the offense and are in his possession.

ARTICLE XIV

(1) The requested Party shall make all necessary arrangements for and meet the cost of the representation of the requesting Party in any proceedings arising out of a request for extradition.

(2) Expenses relating to the transportation of a person sought shall be paid by the requesting Party. No pecuniary claim arising out of the arrest, detention, examination and surrender of a person sought under the provisions of this Treaty shall be made by the requested Party against the requesting Party.

ARTICLE XV

A request on the part of the Government of the United States of America for the extradition of an offender who is found in any of the territories to which this Treaty has been extended in accordance with paragraph (1) of Article II may be made to the Governor or other competent authority of that territory, who may take the decision himself or refer the matter to the Government of the United Kingdom for their decision.

ARTICLE XVI

(1) This Treaty shall be ratified, and the instruments of ratification shall be exchanged at Washington as soon as possible. It shall come into force three months after the date of the exchange of instruments of ratification.

(2) This Treaty shall apply to any offense listed in the annexed Schedule committed before or after this Treaty enters into force, provided that extradition shall not be granted for an offense committed before this Treaty enters into force which was not an offense under the laws of both Contracting Parties at the time of its commission.

(3) On the entry into force of this Treaty the provisions of the Extradition Treaty of December 22, 1931 shall cease to have effect as between the United Kingdom and the United States of America.

(4) Either of the Contracting Parties may terminate this Treaty at any time by giving notice to the other through the diplomatic channel. In that event the Treaty shall cease to have effect six months after the receipt of the notice.

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

Done in duplicate at London in the English language this 8th day of June, 1972.

Signatories

W. H. Annenberg

Anthony Kershaw

List of offenses referred to in Article III

1. Murder; attempt to murder, including assault with intent to murder.

2. Manslaughter.

3. Maliciously wounding or inflicting grievous bodily harm.

4. Unlawful throwing or application of any corrosive or injurious substance upon the person of another.

5. Rape; unlawful sexual intercourse with a female; indecent assault.

6. Gross indecency or unlawful sexual acts with a child under the age of fourteen years.

7. Procuring a woman or young person for immoral purposes; living on the earnings of prostitution.

8. Unlawfully administering drugs or using instruments with intent to procure the miscarriage of a woman.

9. Bigamy.

10. Kidnapping, abduction, false imprisonment.

11. Neglecting, ill-treating, abandoning, exposing or stealing a child.

12. An offense against the law relating to narcotic drugs, cannabis sativa L, hallucinogenic drugs, cocaine and its derivatives, and other dangerous drugs.

13. Theft; larceny; embezzlement.

14. Robbery; assault with intent to rob.

15. Burglary or housebreaking or shopbreaking.

16. Receiving or otherwise handling any goods, money, valuable securities or other property, knowing the same to have been stolen or unlawfully obtained.

17. Obtaining property, money or valuable securities by false pretenses or other form of deception.

18. Blackmail or extortion.

19. False accounting.

20. Fraud or false statements by company directors and other officers.

21. An offense against the bankruptcy laws.

22. An offense relating to counterfeiting or forgery.

23. Bribery, including soliciting, offering or accepting bribes.

24. Perjury; subornation of perjury.

25. Arson.

26. Malicious damage to property.

27. Any malicious act done with intent to endanger the safety of persons travelling or being upon a railway.

28. Piracy, involving ships or aircraft, according to international law.

29. Unlawful seizure of an aircraft.

PROTOCOL OF SIGNATURE

At the time of signing this day the Extradition Treaty between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as “the Treaty”), the undersigned have agreed as follows:

(1) Article III of the Treaty shall permit the Government of the United States of America to obtain the extradition of a person for an offense to which the Treaty relates when United States Federal jurisdiction is based upon interstate transport or transportation or the use of the mails or of interstate facilities, these aspects being jurisdictional only.

(2) This Protocol of Signature shall form an integral part of the Treaty.

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.

Done in duplicate at London in the English language this 8th day of June, 1972.

8 JUNE 1972

His Excellency

The Honourable

WALTER H ANNENBERG

YOUR EXCELLENCY

I have the honour to refer to Article 16, paragraph (2), of the Extradition Treaty between our two Governments signed today.

It is the understanding of the Government of the United Kingdom that, without prior concurrence by both Governments, no application will be made for the extradition of a person for an offence committed before the Treaty signed today enters into force if extradition of such person for that offence, or any other offence, has previously been denied because the offence was not included in the Extradition Treaty between the United Kingdom and the United States, signed at London on 22 December, 1931.

I would appreciate receiving confirmation that the foregoing is also the understanding of the Government of the United States.

I have the honour to be with the highest consideration

R. V. RICHARDSON

EMBASSY OF THE UNITED STATES OF AMERICA LONDON

JUNE 8, 1972

EXCELLENCY:

I have the honor to acknowledge receipt of your note of June 8, 1972 which reads as follows:

“I have the honour to refer to Article 16, paragraph (2), of the Extradition Treaty between our two Governments signed today.

“It is the understanding of the Government of the United Kingdom that, without prior concurrence by both Governments, no application will be made for the extradition of a person for an offence committed before the Treaty signed today enters into force if extradition of such person for that offence, or any other offence, has previously been denied because the offence was not included in the Extradition Treaty between the United Kingdom and the United States, signed at London on 22 December, 1931.

“I would appreciate receiving confirmation that the foregoing is also the understanding of the Government of the United States.”

I confirm that the foregoing is also the understanding of the Government of the United States.

Accept, Excellency, the renewed assurances of my highest consideration.

WALTER ANNENBERG

THE SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH

AFFAIRS FOREIGN OFFICE London, S.W.1.

BRITISH EMBASSY, Washington, D.C.

21 OCTOBER 1976

SIR

I have the honour to refer to the Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America signed at London on 8 June 1972. In accordance with the provisions of paragraph (1) (a) of Article II I have the honour to propose that, with effect from the date of entry into force of the Treaty, the application of the Treaty shall extend to those territories listed in the Annex to this Note for the international relations of which the United Kingdom is responsible.

If the foregoing proposal is acceptable to the Government of the United States of America, I have the honour to propose that this Note, together with its Annex and Your Excellency’s reply in that sense, shall constitute an Agreement between the two Governments in this matter.

I avail myself of this opportunity to renew to you, Sir, the assurance of my highest consideration.

PETER RAMSBOTHAM

HENRY A KISSINGER

Secretary of State of the United States of America Washington DC

ANNEX

Antigua
Belize
Bermuda
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Dominica
Falkland Islands and Dependencies
Gibraltar
Gilbert Islands
Hong Kong
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St Christopher, Nevis and Anguilla
St Helena and Dependencies
St Lucia
St Vincent
Solomon Islands
Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Turks and Caicos Islands
Tuvalu

DEPARTMENT OF STATE WASHINGTON

OCTOBER 21, 1976

EXCELLENCY:

I have the honor to acknowledge receipt of your note of October 21, 1976, which reads as follows:

“Sir

I have the honour to refer to the Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America signed at London on 8 June 1972. In accordance with the provisions of paragraph (1) (a) of Article II I have the honour to propose that, with effect from the date of entry into force of the Treaty, the application of the Treaty shall extend to those territories listed in the Annex to this Note for the international relations of which the United Kingdom is responsible.

If the foregoing proposal is acceptable to the Government of the United States of America, I have the honour to propose that this Note, together with its Annex and Your Excellency’s reply in that sense, shall constitute an Agreement between the two Governments in this matter.

I avail myself of this opportunity to renew to you, Sir, the assurance of my highest consideration.

ANNEX

Antigua
Belize
Bermuda
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Dominica
Falkland Islands and Dependencies
Gibraltar
Gilbert Islands
Hong Kong
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St Christopher, Nevis and Anguilla
St Helena and Dependencies
St Lucia
St Vincent
Solomon Islands
Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Turks and Caicos Islands
Tuvalu”

I have the honor to inform Your Excellency that the foregoing is acceptable and reflects correctly the understanding of the Government of the United States of America, and that Your Excellency’s note and this note in reply concurring therein, together with its Annex, constitute an agreement between our two Governments concerning the Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America signed at London on 8 June 1972.

Accept, Excellency, the renewed assurances of my highest consideration.

CHARLES W ROBINSON

SIR PETER E. RAMSBOTHAM, G.C.V.O., K.C.M.G.,

British Ambassador

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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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Canada Extradition Treaty with the United States

April 12, 2011

Canada International Extradition Treaty with the United States

December 3, 1971, Date-Signed

March 22, 1976, Date-In-Force

STATUS:

Treaty signed at Washington on December 3, 1971. An agreement amending the treaty effected by exchange of notes signed at Washington on June 28 and July 9, 1974. Ratification of the treaty, as amended, advised by the Senate of the United States of America on December 1, 1975. It was Ratified by the President of the United States of America on December 12, 1975. It was Ratified by Canada on February 2, 1976. Ratifications exchanged at Ottawa on March 22, 1976. It was Proclaimed by the President of the United States of America May 6, 1976 and
Entered into force March 22, 1976.

TREATY ON EXTRADITION BETWEEN THE UNITED STATES OF AMERICA AND CANADA

TRAITE D’EXTRADITION ENTRE LES ETATS-UNIS D’AMERIQUE ET LE CANADA

TEXT:

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

CONSIDERING THAT:

The Treaty on Extradition between the United States of America and Canada was signed at Washington on December 3, 1971, as amended by an exchange of notes on June 28 and July 9, 1974, the original of which Treaty, as amended, is hereto annexed;

The Senate of the United States of America by its resolution of December 1, 1975, two-thirds of the Senators present concurring therein, gave its advice and consent to ratification of the Treaty, as amended;

The Treaty was ratified by the President of the United States of America on December 12, 1975, in pursuance of the advice and consent of the Senate, and has been duly ratified on the part of Canada; The respective instruments of ratification were exchanged at Ottawa on March 22, 1976;

It is provided in Article 18 of the Treaty that the Treaty shall enter into force upon the exchange of ratifications;

Now, THEREFORE, I, Gerald R. Ford, President of the United States of America, proclaim and make public the Treaty, as amended, to the end that it shall be observed and fulfilled with good faith on and after March 22, 1976, 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 signed this proclamation and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this sixth day of May in the year of our Lord one thousand nine hundred seventy-six and of the Independence of the United States of America the two hundredth.

The United States of America and Canada, desiring to make more effective the cooperation of the two countries in the repression of crime by making provision for the reciprocal extradition of offenders, agree as follows:

ARTICLE 1

Each Contracting Party agrees to extradite to the other, in the circumstances and subject to the conditions described in this Treaty, persons found in its territory who have been charged with, or convicted of, any of the offenses covered by Article 2 of this Treaty committed within the territory of the other, or outside thereof under the conditions specified in Article 3(3) of this Treaty.

ARTICLE 2

(1) Persons shall be delivered up according to the provisions of this Treaty for any of the offenses listed in the Schedule annexed to this Treaty, which is an integral part of this Treaty, provided these offenses are punishable by the laws of both Contracting Parties by a term of imprisonment exceeding one year.

(2) Extradition shall also be granted for attempts to commit, or conspiracy to commit or being a party to any of the offenses listed in the annexed Schedule.

(3) Extradition shall also be granted for any offense against a federal law of the United States in which one of the offenses listed in the annexed Schedule, or made extraditable by paragraph (2) of this Article, is a substantial element, even if transporting, transportation, the use of the mails or interstate facilities are also elements of the specific offense.

ARTICLE 3

(1) For the purpose of this Treaty the territory of a Contracting Party shall include all territory under the jurisdiction of that Contracting Party, including air space and territorial waters and vessels and aircraft registered in that Contracting Party or aircraft leased without crew to a lessee who has his principal place of business, or, if the lessee has no such place of business, his permanent residence in, that Contracting Party if any such aircraft is in flight, or if any such vessel is on the high seas when the offense is committed. For the purposes of this Treaty an aircraft shall be considered in flight from the moment when power is applied for the purpose of the take-off until the moment when the landing run ends.

(2) In a case when offense 23 of the annexed Schedule is committed on board an aircraft at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, such offense and any other offense covered by Article 2 committed against passengers or crew of that aircraft in connection with such offense shall be considered to have been committed within the territory of a Contracting Party if the aircraft was registered in that Contracting Party, if the aircraft landed in the territory of that Contracting Party with the alleged offender still on board, or if the aircraft was leased without crew to a lessee who has his principal place of business, or, if the lessee has no such place of business, his permanent residence in that Contracting Party.

(3) When the offense for which extradition has been requested has been committed outside the territory of the requesting State, the executive or other appropriate authority of the requested State shall have the power to grant the extradition if the laws of the requested State provide for jurisdiction over such an offense committed in similar circumstances.

ARTICLE 4

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

(i) 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 State for the offense for which his extradition is requested.

(ii) When the prosecution for the offense has become barred by lapse of time according to the laws of the requesting State.

(iii) When the offense in respect of which extradition is requested is of a political character, or the person whose extradition is requested proves that the extradition request has been made for the purpose of trying or punishing him for an offense of the above-mentioned character. If any question arises as to whether a case comes within the provisions of this subparagraph, the authorities of the Government on which the requisition is made shall decide.

(2) The provisions of subparagraph (iii) of paragraph (1) of this Article shall not be applicable to the following:

(i) A kidnapping, murder or other assault against the life or physical integrity of a person to whom a Contracting Party has the duty according to international law to give special protection, or any attempt to commit such an offense with respect to any such person.

(ii) When offense 23 of the annexed Schedule, or an attempt to commit, or a conspiracy to commit, or being a party to the commission of that offense, has been committed on board an aircraft engaged in commercial services carrying passengers.

ARTICLE 5

If a request for extradition is made under this Treaty for a person who at the time of such request, or at the time of the commission of the offense for which extradition is sought, is under the age of eighteen years and is considered by the requested State to be one of its residents, the requested State, upon a determination that extradition would disrupt the social readjustment and rehabilitation of that person, may recommend to the requesting State that the request for extradition be withdrawn, specifying the reasons therefor.

ARTICLE 6

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

ARTICLE 7

When the person whose extradition is requested is being proceeded against or is serving a sentence in the territory of the requested State 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 8

The determination that extradition should or should not be granted shall be made in accordance with the law of the requested State and the person whose extradition is sought shall have the right to use all remedies and recourses provided by such law.

ARTICLE 9

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

(2) The request shall be accompanied by a description of the person sought, a statement of the facts of the case, the text of the laws of the requesting State describing the offense and prescribing the punishment for the offense, and a statement of the law relating to the limitation of the legal proceedings.

(3) 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 other judicial officer of the requesting State and by such evidence as, according to the laws of the requested State, would justify his arrest and committal for trial if the offense had been committed there, including evidence proving the person requested is the person to whom the warrant of arrest refers.

(4) 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 State, by a statement showing how much of the sentence has not been served, and by evidence proving that the person requested is the person to whom the sentence refers.

ARTICLE 10

(1) 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 its territory or to prove that he is the identical person convicted by the courts of the requesting State.

(2) The documentary evidence in support of a request for extradition or 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 Canada, they are authenticated by an officer of the Department of Justice of Canada and are certified by the principal diplomatic or consular officer of the United States in Canada, or when, in the case of a request emanating from the United States, they are authenticated by an officer of the Department of State of the United States and are certified by the principal diplomatic or consular officer of Canada in the United States.

ARTICLE 11

(1) 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. Such 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 State.

(2) On receipt of such an application the requested State shall take the necessary steps to secure the arrest of the person claimed.

(3) A person arrested shall be set at liberty upon the expiration of forty-five days from the date of his arrest pursuant to such application if a request for his extradition accompanied by the documents specified in Article 9 shall not have been received. This stipulation shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.

ARTICLE 12

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

(i) He has left the territory of the requesting State after his extradition and has voluntarily returned to it;

(ii) He has not left the territory of the requesting State within thirty days after being free to do so; or

(iii) The requested State has consented to his detention, trial, punishment for an offense other than that for which extradition was granted or to his extradition to a third State, provided such other offense is covered by Article 2.

(2) The foregoing shall not apply to offenses committed after the extradition.

ARTICLE 13

(1) A requested State 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.

(2) Among the matters which the requested State may take into consideration are the possibility of a later extradition between the requesting States, the seriousness of each offense, the place where the offense was committed, the dates upon which the requests were received and the provisions of any extradition agreements between the requested State and the other requesting State or States.

ARTICLE 14

(1) The requested State shall promptly communicate to the requesting State through the diplomatic channel the decision on the request for extradition.

(2) 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 State within such time as may be prescribed by the laws of that State, he may be set at liberty and the requested State may subsequently refuse to extradite that person for the same offense.

ARTICLE 15

(1) To the extent permitted under the law of the requested State 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 to the requesting State if extradition is granted.

(2) Subject to the qualifications of paragraph (1) of this Article, the above-mentioned articles shall be returned to the requesting State even if the extradition, having been agreed to, cannot be carried out owing to the death or escape of the person sought.

ARTICLE 16

(1) 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, 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.

(2) 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 17

(1) Expenses related to the transportation of the person sought to the requesting State shall be paid by the requesting State. The appropriate legal officers of the State in which the extradition proceedings take place shall, by all legal means within their power, assist the requesting State before the respective judges and magistrates.

(2) No pecuniary claim, arising out of the arrest, detention, examination and surrender of persons sought under the terms of this Treaty, shall be made by the requested State against the requesting State.

ARTICLE 18

(1) This Treaty shall be ratified and the instruments of ratification shall be exchanged at Ottawa as soon as possible.

(2) This Treaty shall terminate and replace any extradition agreements and provisions on extradition in any other agreement in force between the United States and Canada; except that the crimes listed in such agreements and committed prior to entry into force of this Treaty shall be subject to extradition pursuant to the provisions of such agreements.

(3) This Treaty 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 Treaty.

DONE in duplicate, in the English and French languages, each language version being equally authentic, at Washington this third day of December, one thousand nine hundred seventy one.

Les Etats-Unis d’Amerique et le Canada, desireux de renforcer la cooperation existant entre les deux pays pour la repression du crime en instituant des dispositions en vue de l’extradition reciproque des delinquants, sont convenus de ce qui suit:

ARTICLE 1

Chaque Partie contractante s’engage a livrer a l’autre Partie, dans les circonstances et sous reserve des conditions indiquees au present Traite, les individus trouves sur son territoire qui ont ete accuses ou declares coupables d’une des infractions couvertes par l’Article 2 du present Traite commise sur le territoire de l’autre ou, aux conditions specifiees au paragraphe 3) de l’Article 3 du present Traite, hors de ce territoire.

ARTICLE 2

1) Les individus seront livres conformement aux dispositions du present Traite pour l’une quelconque des infractions enumerees a l’Annexe jointe audit Traite, et qui en est partie integrante, a condition que ces infractions soient punissables, en vertu des lois des deux Parties contractantes, d’une peine d’emprisonnement de plus d’un an.

2) Sera egalement extrade tout individu qui aura tente de commettre l’une des infractions enumerees a l’Annexe du present Traite, aura complote en vue de la commettre ou y aura ete partie.

3) L’extradition sera egalement accordee pour toute infraction a une loi federale des Etats-Unis dont une des infractions enumerees a l’Annexe ci-jointe ou justifiant l’extradition en vertu du paragraphe 2) du present Article constitue un element important, meme si le transport ou l’utilisation de la poste ou des moyens de communication entre Etats sont egalement des elements de cette infraction particuliere.

ARTICLE 3

1) Aux fins du present Traite, le territoire d’une Partie contractante comprend tout le territoire auquel s’etend la competence de celle-ci, y compris l’espace aerien et les eaux territoriales ainsi que les navires et aeronefs immatricules dans le territoire de cette Partie contractante ou les aeronefs loues sans equipage a une personne qui a le siege principal de son exploitation ou, a defaut, sa residence permanente sur le territoire de ladite Partie contractante, si un tel aeronef est en vol ou si un tel navire se trouve en haute mer lorsque l’infraction est commise. Aux fins du present Traite, un aeronef est considere comme etant en vol depuis le moment ou la force motrice est employee pour decoller jusqu’au moment ou l’atterrissage a pris fin.

2) Si l’infraction 23 de l’Annexe ci-jointe est commise a bord d’un aeronef entre le moment ou, l’embarquement etant termine, toutes ses portes exterieures sont fermees et le moment ou l’une de ces portes est ouverte en vue du debarquement, cette infraction ainsi que toute autre infraction couverte par l’Article 2 qui est commise contre les passagers ou l’equipage de cet aeronef a l’occasion de cette infraction sont considerees comme ayant ete commises sur le territoire d’une Partie contractante si l’aeronef etait immatricule dans le territoire de celle-ci, s’il a atterri dans ledit territoire alors que l’auteur presume de l’infraction se trouvait a bord ou s’il a ete loue sans equipage a une personne qui a le siege principal de son exploitation ou, a defaut, sa residence permanente dans le territoire de ladite Partie contractante.

3) Lorsque l’infraction pour laquelle l’extradition a ete demandee a ete commise hors du territoire de l’Etat requerant, l’executif ou toute autre autorite competente de l’Etat requis a le pouvoir d’accorder l’extradition si les lois de l’Etat requis donnent competence pour une telle infraction commise dans des circonstances similaires.

ARTICLE 4

1) L’extradition n’est accordee dans aucun des cas suivants:

i) Lorsque l’individu dont l’extradition est demandee ou bien fait l’objet de poursuites ou bien a ete juge et acquitte ou puni, sur le territoire de l’Etat requis, pour l’infraction motivant la demande d’extradition.

ii) Lorsque la poursuite relative a l’infraction est frappee de prescription selon les lois de l’Etat requerant.

iii) Lorsque l’infraction motivant la demande d’extradition revet un caractere politique ou que l’individu dont l’extradition est demandee prouve que la demande d’extradition vise a le mettre en jugement ou a le punir pour une infraction revetant un caractere politique. Si la question se pose de savoir si une affaire tombe sous le coup des dispositions du present alinea, il appartient aux autorites gouvernementales de l’Etat auquel la demande est presentee d’en decider.

2) Les dispositions de l’alinea iii) du paragraphe 1) du present Article ne s’appliquent pas a ce qui suit:

i) L’enlevement ou le meurtre d’un individu auquel une Partie contractante est tenue, selon le droit international, d’accorder une protection speciale ou toutes autres voies de fait visant a lui enlever la vie ou a nuire a sa sante physique, ou toute tentative de perpetration d’une telle infraction a l’egard d’un tel individu.

ii) Lorsqu’un individu commet l’infraction 23 de l’Annexe ci-jointe a bord d’un aeronef en service commercial faisant le transport de passagers, ou, a bord d’un tel aeronef, tente de commettre ou complote en vue de commettre cette infraction ou y est partie.

ARTICLE 5

Si une demande d’extradition faite en vertu du present Traite vise un individu qui, au moment de cette demande ou au moment de la commission de l’infraction pour laquelle l’extradition est demandee, est age de moins de dix-huit ans et considere par l’Etat requis comme etant l’un de ses residents, l’Etat requis peut, s’il est etabli que l’extradition empecherait le reclassement social et la rehabilitation de cet individu, recommander a l’Etat requerant de retirer sa demande d’extradition, en specifiant les raisons sur lesquelles il se fonde.

ARTICLE 6

Lorsque l’infraction motivant la demande d’extradition est punissable de la peine de mort en vertu des lois de l’Etat requerant et que les lois de l’Etat requis n’autorisent pas cette peine pour une telle infraction, l’extradition peut etre refusee a moins que l’Etat requerant ne garantisse a l’Etat requis, d’une maniere jugee suffisante par ce dernier, que la peine de mort ne sera pas infligee ou, si elle l’est, ne sera pas appliquee.

ARTICLE 7

Lorsque l’individu dont l’extradition est demandee fait l’objet de poursuites ou subit une peine sur le territoire de l’Etat requis pour une infraction autre que celle pour laquelle l’extradition a ete demandee, sa remise peut etre differee jusqu’a l’issue des procedures et jusqu’a ce qu’il ait purge toute peine qui pourra ou a pu lui etre infligee.

ARTICLE 8

La decision d’accorder ou de refuser l’extradition doit etre prise conformement a la loi de l’Etat requis et l’individu dont l’extradition est demandee aura droit a tous les recours prevus par ladite loi.

ARTICLE 9

1) La demande d’extradition doit se faire par la voie diplomatique.

2) La demande doit etre accompagnee du signalement de l’individu recherche, d’un enonce des faits, du texte des dispositions des lois de l’Etat requerant decrivant l’infraction et stipulant la peine a infliger a cet egard ainsi que d’un enonce de la loi relative a la prescription en matiere de procedures judiciaires.

3) Lorsque la demande vise un individu qui n’a pas encore ete declare coupable, elle doit en outre etre accompagnee d’un mandat d’arret emis par un juge ou une autre autorite judiciaire de l’Etat requerant et de tout element de preuve qui, selon les lois de l’Etat requis, justifierait l’arrestation et la mise en jugement dudit individu si l’infraction y avait ete commise, notamment la preuve que l’individu dont on demande l’extradition est bien celui qui est vise par le mandat d’arret.

4) Lorsque la demande vise un individu deja declare coupable, elle doit etre accompagnee du jugement de culpabilite et de la sentence prononces contre lui dans le territoire de l’Etat requerant, d’une declaration indiquant quelle partie de la peine reste a purger et de la preuve que l’individu dont l’extradition est demandee est bien celui qui doit purger la peine.

ARTICLE 10

1) L’extradition ne doit etre accordee que si la preuve est jugee suffisante, selon les lois du lieu ou l’individu recherche est trouve, soit pour justifier une mise en jugement si l’infraction dont il est accuse avait ete commise sur le territoire dont ce lieu fait partie, soit pour etablir qu’il est bien l’individu condamne par les tribunaux de l’Etat requerant.

2) Les preuves documentaires a l’appui d’une demande d’extradition, qu’il s’agisse d’originaux ou de copies, doivent etre admises en preuve lors de l’examen de la demande d’extradition lorsque, dans le cas d’une demande emanant du Canada, elles sont legalisees par un fonctionnaire du Ministere de la Justice du Canada et certifiees par le principal agent diplomatique ou consulaire des Etats-Unis au Canada, ou que, dans le cas d’une demande emanant des Etats-Unis, elles sont legalisees par un fonctionnaire du Departement d’Etat des Etats-Unis et certifiees par le principal agent diplomatique ou consulaire du Canada aux Etats-Unis.

ARTICLE 11

1) En cas d’urgence, une Partie contractante peut demander l’arrestation provisoire de l’individu recherche en attendant la presentation de la demande d’extradition par la voie diplomatique. La demande d’arrestation doit donner le signalement de l’individu recherche, indiquer qu’on se propose de demander l’extradition de cet individu, indiquer si un mandat d’arret a ete emis contre lui ou s’il a ete declare coupable aux termes d’un jugement et fournir, le cas echeant, les autres renseignements qui seraient necessaires pour justifier l’emission d’un mandat d’arret si l’infraction avait ete commise dans le territoire de l’Etat requis ou si l’individu recherche y avait ete condamne.

2) Des reception d’une telle demande, l’Etat requis prend les mesures necessaires pour assurer l’arrestation de l’individu reclame.

3) Un individu arrete doit etre mis en liberte a l’expiration d’un delai de quarante-cinq jours de la date de son arrestation en vertu de cette demande si une demande d’extradition, accompagnee des documents specifies a l’Article 9, n’a pas alors ete recue a son egard. Cette stipulation n’empeche pas d’engager des procedures en vue de l’extradition de l’individu recherche si la demande d’extradition est recue par la suite.

ARTICLE 12

1) Un individu extrade en vertu du present Traite ne doit etre ni detenu, ni juge, ni puni sur le territoire de l’Etat requerant pour une infraction autre que celle ayant motive l’extradition et ne peut non plus etre livre par ledit Etat a un Etat tiers, sauf:

i) S’il a quitte le territoire de l’Etat requerant apres son extradition et y est revenu volontairement;

ii) S’il n’a pas quitte le territoire de l’Etat requerant dans un delai de trente jours apres etre devenu libre de le faire; ou

iii) Si l’Etat requis a consenti soit a ce qu’il soit detenu, juge et puni pour une infraction autre que celle ayant motive son extradition, soit a ce qu’il soit livre a un Etat tiers, a condition que cette autre infraction soit couverte par l’Article 2.

2) Les dispositions qui precedent ne s’appliquent pas aux infractions commises apres l’extradition.

ARTICLE 13

1) Lorsque l’extradition d’un individu est demandee par deux Etats ou plus, soit pour la meme infraction, soit pour des infractions differentes, l’Etat requis doit determiner vers lequel des Etats requerants il extradera l’individu recherche.

2) L’Etat requis peut notamment prendre en consideration les facteurs suivants: la possibilite d’une extradition ulterieure entre les Etats requerants, la gravite de chaque infraction, le lieu ou l’infraction a ete commise, les dates auxquelles les demandes ont ete recues et les dispositions des accords d’extradition conclus entre l’Etat requis et le ou les autres Etats requerants.

ARTICLE 14

1) L’Etat requis doit rapidement communiquer a l’Etat requerant, par la voie diplomatique, la decision prise sur la demande d’extradition.

2) Si un mandat ou un ordre d’extradition d’un individu recherche a ete emis par l’autorite competente et que l’individu n’est pas renvoye du territoire de l’Etat requis dans le delai qui peut etre prescrit par les lois de cet Etat, il peut etre libere et l’Etat requis peut, par la suite, refuser de l’extrader pour la meme infraction.

ARTICLE 15

1) Dans la mesure ou le permettent les lois de l’Etat requis et sous reserve des droits des tiers, qui doivent etre dument respectes, tous les objets obtenus par suite de l’infraction ou qui peuvent etre requis a titre de preuve doivent, s’ils sont trouves, etre remis a l’Etat requerant si l’extradition est accordee.

2) Sous reserve des conditions du paragraphe 1) du present Article, les objets ci-dessus mentionnes doivent etre restitues a l’Etat requerant meme si l’extradition, ayant ete accordee, ne peut etre effectuee en raison de la mort ou de l’evasion de l’individu recherche.

ARTICLE 16

1) Le droit de transporter sur le territoire d’une des Parties contractantes un individu qui est livre a l’autre Partie contractante par un Etat tiers sera accorde sur demande faite par la voie diplomatique, pourvu que soient reunies les conditions qui justifieraient l’extradition de cet individu par l’Etat de transit et que des raisons d’ordre public ne s’opposent pas a son passage.

2) La Partie vers laquelle l’individu a ete extrade doit rembourser a la Partie sur le territoire de laquelle il est transporte tous les frais encourus par cette derniere a l’occasion de ce transport.

ARTICLE 17

1) Les frais relatifs au transport de l’individu recherche vers l’Etat requerant doivent etre couverts par ce dernier. Les officiers de justice competents de l’Etat dans lequel se deroulent les procedures d’extradition doivent, par tous les moyens juridiques dont ils disposent, aider l’Etat requerant devant les juges et magistrats respectifs.

2) Aucune reclamation d’ordre pecuniaire, decoulant de l’arrestation, de la detention, de l’interrogatoire et de la remise d’individus recherches aux termes du present Traite, ne doit etre presentee par l’Etat requis contre l’Etat requerant.

ARTICLE 18

1) Le present Traite sera ratifie et les instruments de ratification seront echanges a Ottawa le plus tot possible.

2) Le present Traite terminera et remplacera tous accords d’extradition en vigueur entre les Etats-Unis et le Canada et toutes dispositions relatives a l’extradition contenues dans tout autre accord en vigueur entre eux; toutefois, les infractions enumerees dans ces accords et commises avant l’entree en vigueur du present Traite seront passibles d’extradition en application des dispositions de ces accords.

3) Le present Traite entrera en vigueur le jour de l’echange des ratifications. Il pourra etre denonce a tout moment par l’une des Parties contractantes sur notification a l’autre Partie de son intention d’y mettre fin et, dans ce cas, le Traite cessera d’etre en vigueur six mois apres la date de reception de cette notification.

EN FOI DE QUOI les soussignes, dument autorises par leurs Gouvernements respectifs, ont signe le present Traite.

FAIT en double exemplaire, dans les langues anglaise et francaise, les deux textes faisant egalement foi, a Washington ce troisieme jour de decembre mil neuf cent soixante et onze.

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Canada Extradition Treaty-Exchange of Notes

June 28, 1974, Date-Signed

March 22, 1976, Date-In-Force

The Canadian Ambassador to the Secretary of State

Canadian Embassy

Ambassade du Canada

Washington, D.C.

Excellency,

I have the honour to refer to the Treaty on Extradition between the Government of Canada and the Government of the United States signed at Washington on December 3, 1971 and to subsequent discussions between representatives of our two governments concerning the amendment of the said Treaty. Further to those discussions I now have the honour to propose that the said Treaty be amended as follows:

(1) That Article 4(2)(i) of the Treaty shall be amended to read: “A kidnapping, murder, or other assault against the life or physical integrity of a person to whom a Contracting Party has the duty according to international law to give special protection, or any attempt or conspiracy to commit, or being a party to the commission of, such an offence with respect to any such person.”

(2) That clause 26 of the Schedule annexed to the Treaty shall be amended to read: “Offences against the laws relating to the traffic in, production, manufacture or importation of drugs listed in Schedule I to the Single Convention on Narcotic Drugs of March 30, 1961 n1 and of drugs listed in Schedules I, II and III to the Convention on Psychotropic [*29] Substances of February 21, 1971.”

If this proposal meets with the approval of your government, I have the further honour to propose that this Note, which is authentic in English and in French, and your reply shall constitute an amendment to the Treaty on Extradition between Canada and the United States referred to above, which shall come into force on the date of the entry into force of the said Treaty and which shall be considered an integral part of the said Treaty.

Accept, Excellency, the assurances of my highest consideration.

French Text of the Canadian Note

Canadian Embassy

Ambassade du Canada

Washington, D.C.

Excellence,

J’ai l’honneur de me referer au Traite d’extradition entre le Gouvernement du Canada et le Gouvernement des Etats-Unis signe a Washington le 3 decembre 1971 et aux pourparlers subsequents entre les representants de nos deux gouvernements au sujet de l’amendement dudit Traite.

Comme suite a ces pourparlers, j’ai l’honneur de proposer que ledit Traite soit amende comme il suit:

(1) Que l’Article 4(2)(i) du Traite soit amende pour qu’on y lise: “Un enlevement, meurtre ou autre voie de fait contre la vie ou l’integrite physique d’une personne a l’egard de laquelle l’une des Parties contractantes a le devoir, selon le droit international, d’accorder une protection speciale, ou toute tentative ou complot en vue de commettre ou de participer a un tel delit a l’egard d’une telle personne.” (2) Que la clause 26 de l’Annexe au Traite soit amendee pour qu’on y lise: “Des infractions aux lois se rapportant au trafic, a la production, a la fabrication ou a l’importation des drogues enumerees au Tableau I annexe a la Convention unique sur les stupefiants du 30 mars 1961 et des drogues enumerees aux Tableaux I, II et III annexes a la Convention sur les substances psychotropes du 21 fevrier 1971.”

Si cette proposition recoit l’approbation de votre Gouvernement, j’ai en outre l’honneur de proposer que cette Note, qui est authentique dans sa version anglaise et francaise, et votre reponse constituent un amendement au Traite d’extradition entre le Canada et les Etats-Unis, dont il est question ci-dessus, lequel prendra effet le jour de l’entree en vigueur dudit Traite et sera considere comme partie integrante dudit Traite.

Je vous prie d’agreer, Excellence, l’assurance de ma tres haute consideration.

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Canada Extradition Treaty-Exchange of Notes

July 9, 1974, Date-Signed

March 22, 1976, Date-In-Force

The Secretary of State to the Canadian Ambassador

DEPARTMENT OF STATE

WASHINGTON

Excellency:

I have the honor to refer to your note of June 28, 1974, in the English and French languages, relating to amendment of the Treaty on Extradition between the United States of America and Canada, signed at Washington December 3, 1971.

On behalf of the United States of America I confirm the understanding set forth therein and consider that your note and this reply constitute an agreement between the United States and Canada on this matter.

Accept, Excellency, the renewed assurances of my highest consideration.

SIGNATORIES:

GERALD R. FORD

By the President:

JOSEPH JOHN SISCO

Acting Secretary of State

FOR THE UNITED STATES OF AMERICA:

William P. Rogers

FOR CANADA:

Mitchell Sharp

POUR LES ETATS-UNIS D’AMERIQUE:

POUR LE CANADA:

M. Cadieux,

Ambassador.

The Honourable

Henry A. Kissinger,

Secretary of State,

Washington, D.C. 20520

APPENDICES:

SCHEDULE

1. Murder; assault with intent to commit murder.

2. Manslaughter.

3. Wounding; maiming; or assault occasioning bodily harm.

4. Unlawful throwing or application of any corrosive substances at or upon the person of another.

5. Rape; indecent assault.

6. Unlawful sexual acts with or upon children under the age specified by the laws of both the requesting and requested States.

7. Willful nonsupport or willful abandonment of a minor when such minor is or is likely to be injured or his life is or is likely to be endangered.

8. Kidnapping; child stealing; abduction; false imprisonment.

9. Robbery; assault with intent to steal.

10. Burglary; housebreaking.

11. Larceny, theft or embezzlement.

12. Obtaining property, money or valuable securities by false pretenses or by threat of force or by defrauding the public or any person by deceit or falsehood or other fraudulent means, whether such deceit or falsehood or any fraudulent means would or would not amount to a false pretense.

13. Bribery, including soliciting, offering and accepting.

14. Extortion.

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

16. Fraud by a banker, agent, or by a director or officer of any company.

17. Offenses against the laws relating to counterfeiting or forgery.

18. Perjury in any proceeding whatsoever.

19. Making a false affidavit or statutory declaration for any extrajudicial purpose. 20. Arson.

21. Any act done with intent to endanger the safety of any person travelling upon a railway, or in any aircraft or vessel or other means of transportation.

22. Piracy, by statute or by law of nations; mutiny or revolt on board a vessel against the authority of the captain or commander of such vessel.

23. Any unlawful seizure or exercise of control of an aircraft, by force or violence or threat of force or violence, or by any other form of intimidation, on board such aircraft.

24. Willful injury to property.

25. Offenses against the bankruptcy laws.

26. Offenses against the laws relating to the traffic in, production, manufacture, or importation of narcotic drugs, Cannabis sativa L., hallucinogenic drugs, amphetamines, barbiturates, cocaine and its derivatives.

27. Use of the mails or other means of communication in connection with schemes devised or intended to deceive or defraud the public or for the purpose of obtaining money or property by false pretenses.

28. Offenses against federal laws relating to the sale or purchase of securities. 29. Making or having in possession any explosive substance with intent to endanger life, or to cause severe damage to property.

30. Obstructing the course of justice in a judicial proceeding, existing or proposed, by: a) dissuading or attempting to dissuade a person by threats, bribes, or other corrupt means from giving evidence;

b) influencing or attempting to influence by threat, bribes, or other corrupt means a person in his conduct as a juror; or

c) accepting a bribe or other corrupt consideration to abstain from giving evidence or to do or to refrain from doing anything as a juror.

ANNEXE

1. Le meurtre; les voies de fait avec intention de commettre un meurtre.

2. L’homicide involontaire (manslaughter).

3. Les blessures; la mutilation; ou les voies de fait occasionnant des lesions corporelles.

4. Le fait de lancer ou appliquer, illicitement, des substances corrosives sur une autre personne.

5. Le viol; l’attentat a la pudeur.

6. Les actes sexuels illicites commis avec des enfants, ou sur la personne de tels enfants n’ayant pas atteint l’age specifie par les lois de l’Etat requerant et celles de l’Etat requis.

7. Le refus de pourvoir a la subsistance, ou l’abandon volontaire d’un mineur lorsque ce mineur est ou sera probablement blesse ou que sa vie est ou sera probablement en danger.

8. L’enlevement (kidnapping); le vol d’enfant; le rapt (abduction); l’emprisonnement illegal.

9. Le vol qualifie; les voies de fait dans l’intention de voler.

10. Le cambriolage; l’effraction.

11. Le larcin, le vol ou le detournement.

12. L’obtention de biens et de sommes d’argent ou de valeurs par des faux-semblants ou par menace de violence ou en fraudant le public ou une personne quelle qu’elle soit par supercherie, mensonge ou d’autres moyens dolosifs, que cette supercherie, ce mensonge ou ces autres moyens dolosifs constituent ou non un faux-semblant.

13. La corruption, notamment la sollicitation, l’offre et l’acceptation y relatives.

14. L’extorsion.

15. La reception d’argent, de valeurs ou d’autres biens que l’on sait avoir ete obtenus illegalement.

16. La fraude commise par un banquier ou un agent ou par un administrateur ou membre de la direction d’une compagnie.

17. Les infractions aux lois ayant trait a la contrefacon ou au faux.

18. Le parjure au cours de procedures quelles qu’elles soient.

19. Le fait de souscrire un faux affidavit ou de faire une declaration solennelle fausse a une fin extrajudiciaire.

20. Le crime d’incendie.

21. Tout acte commis dans l’intention de porter atteinte a la securite d’une personne voyageant en chemin de fer, a bord d’un aeronef ou d’un navire ou par un autre moyen de transport.

22. La piraterie, aux termes d’une loi ou du droit des gens; la mutinerie ou la revolte, a bord d’un navire,

contre l’autorite du capitaine ou du commandant de ce navire.

23. Toute prise de possession illicite ou tout exercice illicite du controle d’un aeronef, par la force ou la violence, la menace de force ou de violence ou toute autre forme d’intimidation, a bord de cet aeronef.

24. Les dommages causes volontairement a des biens.

25. Les infractions aux lois de la faillite.

26. Les infractions aux lois ayant trait au trafic, a la production, la fabrication ou l’importation de stupefiants,

Cannabis sativa L., drogues hallucinogenes, amphetamines, barbituriques, cocaine et ses derives.

27. L’usage de la poste ou d’autres moyens de communication relativement a des projets concus ou formes pour leurrer ou frauder le public ou dans le dessein d’obtenir de l’argent ou des biens par des faux-semblants.

28. Les infractions aux lois federales ayant trait a la vente et a l’achat de valeurs mobilieres.

29. La fabrication ou la possession d’une substance explosive quelconque dans le but de mettre en danger la vie des personnes ou de causer de graves dommages aux biens.

30. Le fait d’entraver le cours de la justice dans une procedure judiciaire, existante ou projetee:

a) dissuadant ou tentant de dissuader une personne, par des menaces, des pots-de-vin ou autres moyens de corruption, de rendre temoignage;

b) influencant ou tentant d’influencer, par des menaces, des pots-de-vin ou autres moyens de corruption, une personne dans sa conduite comme jure;

c) acceptant un pot-de-vin ou une autre compensation venale pour s’abstenir de rendre temoignage ou pour faire ou s’abstenir de faire quelque chose a titre de jure.

——————————————————————————————————–

Canada Extratition Treaty-Protocol with the United States

January 11, 1988, Date-Signed

November 26, 1991, Date-In-Force

Protocol was read the first time, and together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate.

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

101ST CONGRESS

2d Session

SENATE

LETTER OF TRANSMITTAL

THE WHITE HOUSE, April 24, 1990.

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 signed at Ottawa on January 11, 1988, amending the Treaty on Extradition Between the United States of America and Canada, signed at Washington on December 3, 1971, as amended by an exchange of notes on June 28 and July 9, 1974. I transmit also, for the information of the Senate, the report of the Department of State with respect to the protocol.

The protocol amends the Extradition Treaty Between the United States and Canada, signed at Washington on December 3, 1971, as amended by an exchange of notes on June 28 and July 9, 1974. It represents an important step in improving law enforcement cooperation and combatting terrorism by excluding from the scope of the political offense exception serious offenses typically committed by terrorists; e.g., murder, manslaughter, kidnapping, use of an explosive device capable of endangering life or causing grievous bodily harm, and attempt or conspiracy to commit the foregoing offenses.

The protocol also will help to improve implementation of the current extradition treaty in several other respects. Most significant, the protocol substitutes a dual criminality clause for the current list of extraditable offenses, so that, inter alia, parental child abduction and certain additional narcotics offenses will be covered by the new treaty.

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

GEORGE BUSH.

LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, April 10, 1990.

The PRESIDENT,
The White House.

THE PRESIDENT: I have the honor to submit to you the Protocol amending the 1971 Extradition Treaty Between the United States of America and Canada signed at Ottawa January 11, 1988. I recommend that the Protocol be transmitted to the Senate for advice and consent to ratification.

The Protocol supplements and amends the Extradition Treaty Between the United States and Canada, signed at Washington on December 3, 1971, as amended by an exchange of notes on June 28 and July 9. The Protocol would exclude specified crimes of violence, typically committed by terrorists, from the scope of the political offense exception to extradition. It therefore represents an important step toward improving law enforcement cooperation and countering the threat of international terrorism and other crimes of violence. In addition, the Protocol will help improve the implementation of the current Treaty in several other respects. Most significantly, the Protocol substitutes a dual criminality clause for the current list of extraditable offenses, so that, inter alia, parental child abduction and certain additional narcotics offenses will be covered.

Article 2 of the 1971 Extradition Treaty, as amended, which incorporates a Schedule of extraditable offenses, has been replaced in its entirety. Pursuant to the current Extradition Treaty, only crimes that are listed in the Schedule are considered extraditable offenses. As amended by Article I of the Protocol, Article 2 of the 1971 Treaty, as amended, adopts a dual criminality approach, which emphasizes extradition based on underlying criminal conduct rather than for a particular offense. A dual criminality clause permits extradition for any crime that is punishable in both countries by imprisonment or other detention for at least one year. Inclusion of a dual criminality clause, therefore, obviates the need to renegotiate or supplement the Treaty as offenses, such as computer-related crimes or money laundering, become punishable under the laws of both states.

Article I of the Protocol replaces Article 2 of the 1971 Treaty and provides that an offense is extraditable notwithstanding that conduct such as interstate transportation or use of the mails or of other facilities affecting interstate or foreign commerce, required for the purpose of establishing jurisdiction, forms part of the offense in the United States. This provision will allow the United States to request extradition for offenses including interstate and foreign travel or transportation in aid of racketeering enterprises even though the Canadian laws do not include analogous jurisdictional elements for similar underlying criminal behavior. The new provision also stipulates that offenses that relate to taxation or revenue or that are of a “purely fiscal character” will be extraditable offenses.

Article II of the Protocol is a technical amendment, deleting the Schedule of extraditable offenses annexed to the 1971 Treaty, as amended, and incorporated by reference in Article 2.

Article III of the Protocol deletes Article 3 of the 1971 Treaty, in which a particularized definition of “territory,” which was necessary at that time to cover certain types of hijacking offenses, is no longer necessary, as both the United States and Canada are parties to the Hague Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague December 16, 1970, and entered into force October 14, 1971, (Hijacking Convention) and the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal September 23, 1971, and entered into force January 26, 1973, (Sabotage Convention).

Article 3(3) of the 1971 Treaty is amended to give the Executive or other appropriate Authority the discretion to extradite fugitives when the requesting state has jurisdiction over an offense in a situation where the laws of the requested state would not provide for jurisdiction in similar circumstances.

Article IV of the Protocol replaces Article 4 of the 1971 Treaty, and effectively limits the scope of the political offense exception. It specifies certain crimes which shall not be regarded as political offenses, including murder, manslaughter, malicious assault, kidnapping, specified explosives offenses, and conspiracy or attempt to commit any of the foregoing offenses.

In addition, Article IV of the Protocol includes a provision that excludes from the reach of the political offense exception any offense for which both the United States and Canada have an international treaty obligation to extradite the person or submit his case for prosecution; e.g., aircraft hijacking pursuant to the Hijacking Convention; aircraft sabotage pursuant to the Sabotage Convention; crimes against internationally protected persons, including diplomats, under the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, done at New York December 14, 1973 and hostage taking pursuant to the International Convention against the Taking of Hostages, done at New York on December 17, 1979. This exception will also extend to crimes similarly defined in future multilateral treaties.

Article V of the Protocol replaces Article 7 of the 1971 Extradition Treaty, which allows the Requested State to defer surrender of a fugitive being proceeded against or serving a sentence in its territory until the conclusion of the proceedings and the full execution of any punishment. Under the Protocol, the Requested State has the discretion to choose to extradite to the Requesting State a fugitive who is serving a prison sentence in the Requested State before the expiration of his sentence. This alternative of temporary surrender is routinely included in our modern extradition treaties.

Article VI of the Protocol replaces Article 11(3) of the current Treaty to extend the period of provisional arrest in the Requested State from forty-five days to sixty days, which is the time period most commonly provided under U.S. extradition treaties. The extension will allow prosecutors greater latitude in assembling extradition packages and in making necessary adjustments or additions to the documents.

Article VII of the Protocol amends the 1971 Treaty by adding a provision that establishes that, in cases where both states have jurisdiction to prosecute for an offense, the Executive Authority of the Requested State will consult with the Executive Authority of the Requesting State and make a decision whether to extradite the fugitive, or whether to submit the case to its competent authorities for the purpose of prosecution, after considering all relevant factors.

Article VIII of the Protocol provides that its provisions shall apply to any offense committed, any request made or any person found extraditable before or after the entry into force of the Protocol, but shall not apply to an offense committed before the Protocol enters into force if the offense in question was not an offense under the laws of both Contracting Parties at the time of its commission.

Article IX of the Protocol sets forth the procedures for ratification and entry into force.

I enclose, for the information of the Senate, an exchange of letters, dated January 11, 1988, which restates that the transborder abduction of persons found in Canada to the United States of America by civilian agents of bail bonding companies, so-called “bounty hunters,” is an extraditable offense under the 1971 Extradition Treaty.

The Department of Justice joins the Department of State in favoring transmission of this Protocol to the Senate at the earliest possible date.

Respectfully submitted,

JAMES W. BAKER III.

Enclosure: As stated.

THE SECRETARY OF STATE,

Washington, January 11, 1988.

Hon. JOE CLARK, P.C., M.P.,
Secretary of State for External [ILLEGIBLE WORD] of Canada, Ottawa.

DEAR MR. MINISTER: I refer to the Protocol Amending the Treaty on Extradition between the United States and Canada we signed today and have the honor to address to you the following.

The United States and Canada recognize that the transborder abduction of persons found in Canada to the United States of America by civilian agents of bail bonding companies, so-called “bounty hunters”, is an extraditable offense under the United States-Canada Extradition Treaty.

Where a person has been charged with or convicted of such an offense in Canada and is found within the jurisdiction of the United States, the United States agrees, upon request, to commence extradition proceedings against such a person pursuant to the Treaty in order that the person may be returned to Canada.

The United States will use its best efforts to honor Canadian requests for testimony, information, or other assistance pertaining to such abductions.

Canada and the United States agree to cooperate to deter such transborder abductions. To assist in achieving that purpose, the United States will continue to exert its best efforts to inform those engaged in business as bail bondsmen or bounty hunters and other interested parties of the positions set forth in this exchange of letters.

Canada and the United States agree to consult promptly concerning any case of transborder abduction involving bounty hunters which might arise in the future. The purpose of such consultations shall be to address matters relating to any such case, including any request by the Government of Canada for the return of the person so abducted. In the event of return, the Governments agree to cooperate to have the abducted person escorted to Canada and taken into custody at the border, pursuant to a request for provisional arrest, pending the outcome of extradition proceedings. For the purpose of these consultations, the principal law enforcement contact for the United States will be the Director of the Office of International Affairs of the Criminal Division of the Department of Justice.

I have the honor to propose that this letter and your reply constitute an understanding between our two Governments which is not intended to create or otherwise alter legal obligations for either Government nor to create or otherwise alter any rights or privileges for private parties.

Sincerely yours,

GEORGE P. SHULTZ.

OTTAWA, January 11, 1988.

Hon. GEORGE P. SHULTZ,
Secretary of State of the United States of America.

DEAR MR. SECRETARY: I have the honour to acknowledge receipt of your letter of today’s date concerning transborder abduction of persons found in Canada to the United States of America by civilian agents of bail bonding companies, so-called “bounty hunters”. I accept your proposal that your letter and this reply constitute an Understanding between our two Governments which is not intended to create or otherwise alter legal obligations for either Government nor to create or otherwise alter any rights or privileges for private parties.

Yours sincerely,

JOE CLARK.

The Government of the United States of America and the Government of Canada;

Desiring to make more effective the Extradition Treaty between the Contracting Parties, signed at Washington on December 3, 1971, as amended by the agreement effected by an Exchange of Notes on June 28 and July 9, 1974 (hereinafter referred to as “the Extradition Treaty”);

Have agreed as follows:

ARTICLE I

Article 2 of the Extradition Treaty is deleted and replaced by the following:

“ARTICLE 2

“(1) Extradition shall be granted for conduct which constitutes an offense punishable by the laws of both Contracting Parties by imprisonment or other form of detention for a term exceeding one year or any greater punishment.

“(2) An offense is extraditable notwithstanding

“(i) that conduct such as interstate transportation or use of the mails or of other facilities affecting interstate or foreign commerce, required for the purpose of establishing jurisdiction, forms part of the offense in the United States, or

“(ii) that it relates to taxation or revenue or is one of a purely fiscal character.”

ARTICLE II

The SCHEDULE to the Extradition Treaty, as amended, is deleted.

ARTICLE III

Paragraph (2) of Article 3 of the Extradition Treaty is deleted. Paragraph (3) of Article 3 of the Extradition Treaty is amended to read as follows:

“(2) When the offense for which extradition is requested was committed outside the territory of the requesting State, the executive or other appropriate authority of the requested State shall grant extradition if the laws of the requested State provide for jurisdiction over such an offense committed in similar circumstances. If the laws in the requested State do not so provide, the executive authority in the requested State may, in its discretion, grant extradition.”

ARTICLE IV

Paragraph (2) of Article 4 of the Extradition Treaty, as amended, is deleted and replaced by the following:

“(2) For the purpose of this Treaty, the following offenses shall be deemed not to be offenses within subparagraph (iii) of paragraph 1 of this Article:

“(i) An offense for which each Contracting Party has the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to its competent authorities for the purpose of prosecution;

“(ii) Murder, manslaughter or other culpable homicide, malicious wounding or inflicting grievous bodily harm;

“(iii) An offense involving kidnapping, abduction, or any form of unlawful detention, including taking a hostage;

“(iv) An offense involving the placing or use of explosives, incendiaries or destructive devices or substances capable of endangering life or of causing grievous bodily harm or substantial property damage; and

“(v) An attempt or conspiracy to commit, or counselling the commission of, any of the foregoing offenses, or aiding or abetting a person who commits or attempts to commit such offenses.”

ARTICLE V

Article 7 of the Extradition Treaty is deleted and replaced by the following:

“ARTICLE 7

“When the person sought is being proceeded against or is serving a sentence in the requested State for an offense other than that for which extradition is requested, the requested State may surrender the person sought or postpone surrender until the conclusion of the proceedings or the service of the whole or any part of the sentence imposed.”

ARTICLE VI

Paragraph (3) of Article 11 of the Extradition Treaty is deleted and replaced by the following:

“(3) A person arrested shall be set at liberty upon the expiration of sixty days from the date of arrest pursuant to such application if a request for extradition and the documents specified in Article 9 have not been received. This stipulation shall not prevent the institution of proceedings with a view to extraditing the person sought if the request and documents are subsequently received.”

ARTICLE VII

The Extradition Treaty is amended by adding the following after Article 17:

“ARTICLE 17 BIS

“If both contracting Parties have jurisdiction to prosecute the person for the offense for which extradition is sought, the executive authority of the requested State, after consulting with the executive authority of the requesting State, shall decide whether to extradite the person or to submit the case to its competent authorities for the purpose of prosecution. In making its decision, the requested State shall consider all relevant factors, including but not limited to:

“(i) the place where the act was committed or intended to be committed or the injury occurred or was intended to occur;

“(ii) the respective interests of the Contracting Parties;

“(iii) the nationality of the victim or the intended victim; and

“(iv) the availability and location of the evidence.”

ARTICLE VIII

Notwithstanding paragraph (2) of Article 18 of the Extradition Treaty, this Protocol shall apply in all cases where the request for extradition is made after its entry into force regardless of whether the offense was committed before or after that date.

ARTICLE IX

(1) This Protocol shall be subject to ratification in accordance with the applicable procedures of the Government of the United States and the Government of Canada and instruments of ratification shall be exchanged as soon as possible.

(2) The Protocol shall enter into force upon the exchange of instruments of ratification.

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

DONE in duplicate at Ottawa, this 11th day of January 1988, in the English and French languages, the two texts being equally authentic.

For the Government of the United States of America.

GEORGE P. SHULTZ.

For the Government of Canada.

JOE CLARK.

——————————————————————————————————–

Canada Extradtition Treaty-Second Protocol with the United States

January 12, 2001, Date-Signed

April 30, 2003, Date-In-Force

Message from the President of the United States

July 11, 2002.–The Protocol was read the first time, and together with
the accompanying papers, referred to the Committee on Foreign Relations
and ordered to be printed for the use of the Senate

LETTER OF TRANSMITTAL

The White House, July 11, 2002.

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 Second Protocol
Amending the Treaty on Extradition Between the Government of
the United States of America and the Government of Canada, as
amended, signed at Ottawa on January 12, 2001. In addition, I
transmit, for the information of the Senate, the report of the
Department of State with respect to the Second Protocol. As the
report explains, the Second Protocol will not require
implementing legislation.

The Second Protocol amends the Extradition Treaty Between
the United States of America and Canada, signed at Washington
on December 3, 1971, as amended by an Exchange of Notes of June
28 and July 9, 1974, and by a Protocol signed at Ottawa on
January 11, 1988.

The Second Protocol, upon entry into force, will enhance
cooperation between the law enforcement communities of both
nations. The Second Protocol incorporates into the U.S.-Canada
Extradition Treaty a provision on temporary surrender of
persons that is a standard provision in more recent U.S.
bilateral extradition treaties. It also provides for new
authentication requirements of documentary evidence, which
should streamline the processing of extradition requests.

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

George W. Bush.

LETTER OF SUBMITTAL

Department of State,
Washington, May 31, 2002.

The President,
The White House.

The President: I have the honor to submit to you the Second
Protocol Amending the Treaty on Extradition Between the
Government of the United states of America and the Government
of Canada, signed at Ottawa on January 12, 2001 (“Second
Protocol”). I recommend that the Second Protocol be
transmitted to the Senate for its advice and consent to
ratification.

The Second Protocol will strengthen the U.S.-Canada
extradition relationship by incorporating a temporary surrender
mechanism into the Extradition Treaty Between the United States
of America and Canada, signed at Washington on December 3,
1971, as amended by an Exchange of Notes of June 28 and July 9,
1974, and by a Protocol signed at Ottawa on January 11, 1988
(“Extradition Treaty”). The Second Protocol will also
streamline the extradition process by modifying the Extradition
Treaty’s authentication requirements relating to the admissibility of
documentary evidence.

A temporary surrender mechanism has become a standard
provision in more recent U.S. bilateral extradition treaties.
It allows person who have been found extraditable to be
temporarily surrendered to one State to stand trial while they
are still serving sentences in the other State. Temporary
surrender can be an important tool for use in cases where
serious crimes have been committed in one country which might
go unpunished if trial in that country were to be delayed for a
long period while a sentence was being served for crimes
committed in the other country. It enables sequential trials of
individuals who have committed extraditable offenses in both
countries at a time when witnesses and evidence to both crimes
are more readily available.

Article 1 of the Second Protocol amends the Extradition
Treaty to provide for a new Article 7bis, which will follow
Article 7’s existing provisions authorizing the State in
receipt of an extradition request (“requested State”) to
delay surrender until after proceedings against a person in
that State have been completed or the person’s sentence in that
State has been served.

New article 7bis(1) provides that if the requested State
has granted an extradition request in accordance with the
Treaty with respect to a person who already has been convicted
and sentenced in the requested State, it may temporarily
surrender the person to the requesting State for prosecution.
It further provides that the courts of the requested State must
not be divested by virtue of the temporary surrender of
jurisdiction over any appeal or habeas corpus application
relating to the conviction or sentence in the requested State.

Article 7bis(2) provides that the person surrendered
pursuant to paragraph (1) must be kept in custody in the
requesting State. It also provides that the person must be
returned to the requested State within forty-five days after
the conclusion of the proceedings for which the person’s
presence was required or at another time as specified by the
requested State, in accordance with conditions determined by
the Parties. This provision anticipates that authorities in the
United States and Canada, which in some cases will include
state-level authorities, will consult to determine appropriate
conditions for the temporary surrender of an individual,
including arrangements for the transfer and return of the
prisoner, as well as any extraordinary matters that may be
relevant, such as medical care requirements. Consistent with
our normal extradition practice, any case-specific agreements
or assurances relating to the temporary surrender would be
concluded by the federal authorities on behalf of state
authorities. Similar to the language in paragraph (1), Article
7bis(2) also provides that the transfer of the person back to
the requested State will not divest the courts of the
requesting State of jurisdiction over any appeal or habeas
corpus application relating to the matter for which the
prisoner was temporarily surrendered.

Article 7bis(3) provides that the time spent in custody in
the requesting State may be credited to the sentence in the
requested State. In the case of the United States, credit for
time served by a person surrendered to Canadian authorities may
differ among U.S. state and federal authorities.

Article 7bis(4) provides that the requested State can waive
the return of the surrendered person in the event the person’s
sentence in the requested State expires during the temporary
surrender period. Article 7bis(4) provides that in such cases
the person’s surrender shall be considered a “final
surrender” under the Extradition Treaty.

Because temporary surrender is contingent on a grant of
extradition, Article 7bis(5) provides that the requesting State
does not have to make a further request for the extradition of
a person who has been returned to the requested State after
having been convicted and sentenced in the requesting State for
the offense for which temporary surrender was granted.

Article 7bis(6) provides that a person who has been
returned to the requested State, after having been convicted
and sentenced during a temporary surrender, must be finally
surrendered once the custodial portion of the person’s sentence
in the requested State has been completed or, if the requested
State so specifies, at an earlier time. This provision
contemplates that the requested State will finally surrender a
person who has been released on parole or under other
conditions. It also envisions that the requested State may
choose to surrender the person at an earlier time.

Article 7bis(7) recognizes that there may be reasons not to
proceed with final surrender even though the person was
convicted and sentenced during a temporary surrender. Article
7bis(7) (a) provides that final surrender will not take place
when the requesting State advises that it is no longer required
because the sentence imposed in the requesting State has
expired or for other reasons. Similarly, Article 7bis(7) (b)
provides that the person will not be surrendered to the
requesting State in the event the competent authority of the
requested State revokes its original grant of extradition.

Article 2 of the Second Protocol will establish a new
framework for the admissibility of documentary evidence in
support of a request for extradition by replacing existing
Article 10(2) of the Extradition Treaty.

Consistent with U.S. extradition law on the admissibility
of documentation, new Article 10(2)(a) reiterates the existing
requirement that, in the case of a request from Canada,
documents be authenticated by an officer of the Department of
Justice of Canada and certified by the principal diplomatic or
consular office of the United States in Canada. Article
10(2)(b), however, changes existing requirements with respect
to requests emanating from the United States, so as to take
advantage of changes in Canadian law regarding the
admissibility of extradition documents in Canadian courts.
Specifically, Article 10(2)(b) eliminates the requirement that
the United States have its documentary evidence in support of
extradition requests to Canada authenticated by an officer of
the U.S. Department of State and certified by the principal
diplomatic or consular officer of Canada in the United States.
Instead, Article 10(2) (b) streamlines the authentication
process by allowing documents to be certified by a judicial
authority or prosecutor who attests that the evidence is
available for trial and is sufficient to justify prosecution
under the law of the prosecuting jurisdiction. When the person
whose extradition is sought has already been convicted,
documents supporting the U.S. request are to be certified by a
judicial, prosecuting or correctional authority who can attest
to the fact that the documents are accurate. These changes
should simplify and thereby reduce the administrative burden of
processing extradition requests by the United States.

New Article 10(2) (c) provides an alternative to
subparagraphs (a) and (b), by providing that documents may also
be certified or authenticated in any other manner accepted by
the law of the requested State. This addition will enable both
countries to take advantage of any changes to their applicable
laws.

Article 3 of the Second Protocol addresses the relationship
between the Second Protocol and the Extradition Treaty.
Paragraph (1) provides that the Second Protocol will form an
integral part of the Extradition Treaty. Paragraph (2) provides
for retroactivity, noting that, notwithstanding paragraph (2)
of Article 18 of the Extradition Treaty, the Second Protocol
will apply in all cases where the request for extradition is
made after its entry into force regardless of whether the
offense was committed before or after that date. Finally,
paragraph (3) provides that the Second Protocol is subject to
ratification, and enters into force upon the exchange of
instruments of ratification. The Second Protocol would
terminate upon termination of the Extradition Treaty.

The Second Protocol does not require implementing
legislation. A Technical Analysis explaining in detail the
provisions of the Second Protocol is being prepared by the
United States negotiating delegation, consisting of the
Departments of State and Justice, and will be submitted
separately to the Senate Committee on Foreign Relations.

The Department of Justice joins the Department of State in
favoring approval of this Second Protocol by the Senate at an
early date.

Respectfully submitted,

Colin L. Powell.

——————————————————————————————————–

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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Burma (Myanmar) Extradition Treaty with the United States

April 12, 2011

Burma (Myanmar) International Extradition Treaty with the United States

December 22, 1931, Date-Signed

November 1, 1941, Date-In-Force

STATUS:

Treaty and exchanges of notes were signed at London on December 22, 1931. Senate advice and consent to ratification was on February 19, 1932. It was Ratified by the President of the United States on March 3, 1932. It was Ratified by the United Kingdom on July 29, 1932. Ratifications were exchanged at London on August 4, 1932. It was Proclaimed by the President of the United States on August 9, 1932 and Entered into force June 24, 1935.

TREATY

The President of the United States of America,

And His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India;

Desiring to make more adequate provision for the reciprocal extradition of criminals, Have resolved to conclude a Treaty for that purpose, and to that end have appointed as their plenipotentiaries:

The President of the United States of America:

General Charles G. Dawes, Ambassador Extraordinary and Plenipotentiary of the United States of America at the Court of St. James; And His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India:

for Great Britain and Northern Ireland:

The Right Honourable Sir John Simon, G.C.S.I., M.P., His Principal Secretary of State for Foreign Affairs;

who, having communicated their full powers, found in good and due form, have agreed as follows:

ARTICLE 1

The High Contracting Parties engage to deliver up to each other, under certain circumstances and conditions stated in the present Treaty, those persons who, being accused or convicted of any of the crimes or offences enumerated in Article 3, committed within the jurisdiction of the one Party, shall be found within the territory of the other Party.

ARTICLE 2

For the purposes of the present Treaty the territory of His Britannic Majesty shall be deemed to be Great Britain and Northern Ireland, the Channel Islands and the Isle of Man, and all parts of His Britannic Majesty’s dominions overseas other than those enumerated in Article 14, together with the territories enumerated in Article 16 and any territories to which it may be extended under Article 17. It is understood that in respect of all territory of His Britannic Majesty as above defined other than Great Britain and Northern Ireland, the Channel Islands, and the Isle of Man, the present Treaty shall be applied so far as the laws permit.

For the purposes of the present Treaty the territory of the United States shall be deemed to be all territory wherever situated belonging to the United States, including its dependencies and all other territories under its exclusive administration or control.

ARTICLE 3

Extradition shall be reciprocally granted for the following crimes or offences:

1. Murder (including assassination, parricide, infanticide, poisoning), or attempt or conspiracy to murder.

2. Manslaughter.

3. Administering drugs or using instruments with intent to procure the miscarriage of women.

4. Rape.

5. Unlawful carnal knowledge, or any attempt to have unlawful carnal knowledge, of a girl under 16 years of age.

6. Indecent assault if such crime or offence be indictable in the place where the accused or convicted person is apprehended.

7. Kidnapping or false imprisonment.

8. Child stealing, including abandoning, exposing or unlawfully detaining.

9. Abduction.

10. Procuration: that is to say the procuring or transporting of a woman or girl under age, even with her consent, for immoral purposes, or of a woman or girl over age, by fraud, threats, or compulsion, for such purposes with a view in either case to gratifying the passions of another person provided that such crime or offence is punishable by imprisonment for at least one year or by more severe punishment.

11. Bigamy.

12. Maliciously wounding or inflicting grievous bodily harm.

13. Threats, by letter or otherwise, with intent to extort money or other things of value.

14. Perjury, or subornation of perjury.

15. Arson.

16. Burglary or housebreaking, robbery with violence, larceny or embezzlement.

17. Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company, or fraudulent conversion.

18. Obtaining money, valuable security, or goods, by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained.

19. (a) Counterfeiting or altering money, or bringing into circulation counterfeited or altered money.

(b) Knowingly and without lawful authority making or having in possession any instrument, tool, or engine adapted and intended for the counterfeiting of coin.

20. Forgery, or uttering what is forged.

21. Crimes or offences against bankruptcy law.

22. Bribery, defined to be the offering, giving or receiving of bribes.

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

24. Crimes or offences or attempted crimes or offences in connection with the traffic in dangerous drugs.

25. Malicious injury to property, if such crime or offence be indictable.

26. (a) Piracy by the law of nations.

(b) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master; wrongfully sinking or destroying a vessel at sea, or attempting to do so; assaults on board a ship on the high seas, with intent to do grievous bodily harm.

27. Dealing in slaves.

Extradition is also to be granted for participation in any of the aforesaid crimes or offences, provided that such participation be punishable by the laws of both High Contracting Parties.

ARTICLE 4

The extradition shall not take place if the person claimed has already been tried and discharged or punished, or is still under trial in the territories of the High Contracting Party applied to, for the crime or offence for which his extradition is demanded.

If the person claimed should be under examination or under punishment in the territories of the High Contracting Party applied to for any other crime or offence, his extradition shall be deferred until the conclusion of the trial and the full execution of any punishment awarded to him.

ARTICLE 5

The extradition shall not take place if, subsequently to the commission of the crime or offence or the institution of the penal prosecution or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the High Contracting Party applying or applied to.

ARTICLE 6

A fugitive criminal shall not be surrendered if the crime or offence in respect of which his surrender is demanded is one of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for a crime or offence of a political character.

ARTICLE 7

A person surrendered can in no case be kept in custody or be brought to trial in the territories of the High Contracting Party to whom the surrender has been made for any other crime or offence, or on account of any other matters, than those for which the extradition shall have taken place, until he has been restored, or has had an opportunity of returning, to the territories of the High Contracting Party by whom he has been surrendered.

This stipulation does not apply to crimes or offences committed after the extradition.

ARTICLE 8

The extradition of fugitive criminals under the provisions of this Treaty shall be carried out in the United States and in the territory of His Britannic Majesty respectively, in conformity with the laws regulating extradition for the time being in force in the territory from which the surrender of the fugitive criminal is claimed.

ARTICLE 9

The extradition shall take place only if the evidence be found sufficient, according to the laws of the High Contracting Party applied to, either to justify the committal of the prisoner for trial, in case the crime or offence had been committed in the territory of such High Contracting Party, or to prove that the prisoner is the identical person convicted by the courts of the High Contracting Party who makes the requisition, and that the crime or offence of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by the High Contracting Party applied to.

ARTICLE 10

If the individual claimed by one of the High Contracting Parties in pursuance of the present Treaty should be also claimed by one or several other Powers on account of other crimes or offences committed within their respective jurisdictions, his extradition shall be granted to the Power whose claim is earliest in date, unless such claim is waived.

ARTICLE 11

If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive, or within such further time as the High Contracting Party applied to, or the proper tribunal of such High Contracting Party, shall direct, the fugitive shall be set at liberty.

ARTICLE 12

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, and any articles that may serve as a proof of the crime or offence shall be given up when the extradition takes place, in so far as this may be permitted by the law of the High Contracting Party granting the extradition.

ARTICLE 13

All expenses connected with the extradition shall be borne by the High Contracting Party making the application.

ARTICLE 14

His Britannic Majesty may accede to the present Treaty on behalf of any of his Dominions hereafter named–that is to say, the Dominion of Canada, the Commonwealth of Australia (including for this purpose Papua and Norfolk Island), the Dominion of New Zealand, the Union of South Africa, the Irish Free State, and Newfoundland–and India. Such accession shall be effected by a notice to that effect given by the appropriate diplomatic representative of His Majesty at Washington which shall specify the authority to which the requisition for the surrender of a fugitive criminal who has taken refuge in the Dominion concerned, or India, as the case may be, shall be addressed. From the date when such notice comes into effect the territory of the Dominion concerned or of India shall be deemed to be territory of His Britannic Majesty for the purposes of the present Treaty.

The requisition for the surrender of a fugitive criminal who has taken refuge in any of the above-mentioned Dominions or India, on behalf of which His Britannic Majesty has acceded, shall be made by the appropriate diplomatic or consular officer of the United States of America.

Either High Contracting Party may terminate this Treaty separately in respect of any of the above-mentioned Dominions or India. Such termination shall be effected by a notice given in accordance with the provisions of Article 18.

Any notice given under the first paragraph of this Article in respect of one of His Britannic Majesty’s Dominions may include any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty, and which is being administered by the Government of the Dominion concerned; such territory shall, if so included, be deemed to be territory of His Britannic Majesty for the purposes of the present Treaty. Any notice given under the third paragraph of this Article shall be applicable to such mandated territory.

ARTICLE 15

The requisition for the surrender of a fugitive criminal who has taken refuge in any territory of His Britannic Majesty other than Great Britain and Northern Ireland, the Channel Islands, or the Isle of Man, or the Dominions or India mentioned in Article 14, shall be made to the Governor, or chief authority, of such territory by the appropriate consular officer of the United States of America.

Such requisition shall be dealt with by the competent authorities of such territory: provided, nevertheless, that if an order for the committal of the fugitive criminal to prison to await surrender shall be made, the said Governor or chief authority may, instead of issuing a warrant for the surrender of such fugitive, refer the matter to His Majesty’s Government in the United Kingdom of Great Britain and Northern Ireland.

ARTICLE 16

This Treaty shall apply in the same manner as if they were Possessions of His Britannic Majesty to the following British Protectorates, that is to say, the Bechuanaland Protectorate, Gambia Protectorate, Kenya Protectorate, Nigeria Protectorate, Northern Rhodesia, Northern Territories of the Gold Coast, Nyasaland, Sierra Leone Protectorate, Solomon Islands Protectorate, Somaliland Protectorate, Swaziland, Uganda Protectorate and Zanzibar, and to the following territories in respect of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty, that is to say, Cameroons under British mandate, Togoland under British mandate, and the Tanganyika Territory.

ARTICLE 17

If after the signature of the present Treaty it is considered advisable to extend its provisions to any British Protectorates other than those mentioned in the preceding Article or to any British-protected State, or to any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty, other than those mandated territories mentioned in Articles 14 and 16, the stipulations of Articles 14 and 15 shall be deemed to apply to such Protectorates or States or mandated territories from the date and in the manner prescribed in the notes to be exchanged for the purpose of effecting such extension.

ARTICLE 18

The present Treaty shall come into force ten days after its publication, in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be terminated by either of the High Contracting Parties by a notice not exceeding one year and not less than six months.

In the absence of an express provision to that effect, a notice given under the first paragraph of this Article shall not affect the operation of the Treaty as between the United States of America and any territory in respect of which notice of accession has been given under Article 14.

The present Treaty shall be ratified, and the ratifications shall be exchanged at London as soon as possible.

On the coming into force of the present treaty the provisions of Article 10 [X] of the treaty of the 9th August, 1842, of the Convention of the 12th July, 1889, of the supplementary Convention of the 13th December, 1900, and of the supplementary Convention of the 12th April, 1905, relative to extradition, shall cease to have effect, save that in the case of each of the Dominions and India, mentioned in Article 14, those provisions shall remain in force until such Dominion or India shall have acceded to the present treaty in accordance with Article 14 or until replaced by other treaty arrangements.

In faith whereof the above-named plenipotentiaries have signed the present Treaty and have affixed thereto their seals.

Done in duplicate at London this twenty-second day of December, 1931.

EXCHANGES OF NOTES

The Secretary of State for Foreign Affairs to the American Ambassador

FOREIGN OFFICE, S.W. 1.

22nd December, 1931

YOUR EXCELLENCY,

With reference to Article 17 of the Extradition Treaty between His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas and the President of the United States of America, signed this day at London, I have the honour to inform Your Excellency that His Majesty’s Government in the United Kingdom desire that the provisions of the above mentioned Treaty shall, as from the date of its entry into force, be applicable to Palestine (excluding Transjordan).

2. I have accordingly the honour to enquire whether the United States Government agree with this proposal. In this event the present note and Your Excellency’s reply to that effect will be regarded as placing on record the agreement arrived at in the matter.

I have the honour to be, with the highest consideration,

Your Excellency’s obedient Servant,

The American Ambassador to the Secretary of State for Foreign Affairs

EMBASSY OF THE UNITED STATES OF AMERICA

LONDON, December 22, 1931

SIR:

With reference to Article 17 of the Extradition Treaty between the President of the United States of America and His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas, signed this day at London, I have the honor to inform you that the Government of the United States of America is agreeable to the proposal of His Majesty’s Government in the United Kingdom that the provisions of the above mentioned Treaty shall, as from the date of its entry into force, be applicable to Palestine (excluding Transjordan).

I have the honor to be, with the highest consideration, Sir,

Your most obedient, humble Servant,

The Secretary of State for Foreign Affairs to the American Ambassador

FOREIGN OFFICE, S.W. 1.

22nd December, 1931

YOUR EXCELLENCY,

With reference to Article 17 of the Extradition Treaty between His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas and the President of the United States of America, signed this day at London, I have the honour to inform Your Excellency that His Majesty’s Government in the United Kingdom desire that the provisions of the above mentioned Treaty shall, as from the date of its entry into force, be applicable to Transjordan.

2. I have accordingly the honour to enquire whether the United States Government agree with this proposal. In this event the present note and Your Excellency’s reply to that effect will be regarded as placing on record the agreement arrived at in the matter.

I have the honour to be, with the highest consideration,

Your Excellency’s obedient Servant,

The American Ambassador to the Secretary of State for Foreign Affairs

EMBASSY OF THE UNITED STATES OF AMERICA

LONDON, December 22, 1931

SIR:

With reference to Article 17 of the Extradition Treaty between the President of the United States of America and His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas, signed this day at London, I have the honor to inform you that the Government of the United States of America is agreeable to the proposal of His Majesty’s Government in the United Kingdom that the provisions of the above mentioned Treaty shall, as from the date of its entry into force, be applicable to Transjordan.

I have the honor to be, with the highest consideration, Sir,

Your most obedient, humble Servant,

SIGNATORIES:

CHARLES G. DAWES

JOHN SIMON

His Excellency

General CHARLES G. DAWES, C.B.,

The Right Hon

Sir JOHN SIMON, G.C.S.I., Foreign Office, S.W. 1.

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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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Bulgaria Extradition Treaty with the United States

April 11, 2011

Bulgaria International Extradition Treaty with the United States

September 19, 2007, Date-Signed

May 21, 2009, Date-In-Force

Message from the President of the United States

January 22, 2008.–Treaty was read the first time, and together with
the accompanying papers, referred to the Committee on Foreign Relations
and ordered to be printed for the use of the Senate

LETTER OF TRANSMITTAL

The White House, January 22, 2008.
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 Extradition
Treaty between the Government of the United States of America
and the Government of the Republic of Bulgaria (the
“Extradition Treaty” or the “Treaty”) and 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 (the “MLA Agreement”),
both signed at Sofia on September 19, 2007. I also transmit,
for the information of the Senate, the report of the Department
of State with respect to the Extradition Treaty and the MLA
Agreement.

The new Extradition Treaty would replace the outdated
Extradition Treaty between the United States and Bulgaria,
signed in Sofia on March 19, 1924, and the Supplementary
Extradition Treaty, signed in Washington countries on mutual
legal assistance in on June 8, 1934. between the two criminal
matters. The MLA Agreement is the first agreement Both the
Extradition Treaty and the MLA Agreement fulfill the
requirements for bilateral instruments (between the United
States and each European Union (EU) Member State) that are
contained in the Extradition and Mutual Legal Assistance
Agreements between the United States and the EU currently
before the Senate.

The Extradition Treaty follows generally the form and
content of other extradition treaties recently concluded by the
United States. It would replace an outmoded list of
extraditable offenses with a modern “dual criminality”
approach, which would enable extradition for such offenses as
money laundering, and other newer offenses not appearing on the
list. The Treaty also contains a modernized “political
offense” clause, and it provides that extradition shall not be
refused based on the nationality of a person sought for any of
a comprehensive list of serious offenses. Finally, the new
Treaty incorporates a series of procedural improvements to
streamline and speed the extradition process.

Because the United States and Bulgaria do not have a
bilateral mutual legal assistance treaty in force between them,
the MLA Agreement is a partial treaty governing only those
issues regulated by the U.S.-EU Mutual Legal Assistance
Agreement, specifically: identification of bank information,
joint investigative teams, video-conferencing, expedited
transmission of requests, assistance to administrative
authorities, use limitations, confidentiality, and grounds for
refusal. This approach is consistent with that taken with the
other EU Member States (Denmark, Finland, Malta, Portugal,
Slovak Republic, and Slovenia) with which the United States did
not have an existing mutual legal assistance treaty.

I recommend that the Senate give early and favorable
consideration to the Extradition Treaty and MLA Agreement,
along with the U.S.-EU Extradition and Mutual Legal Assistance
Agreements and the other related bilateral instruments between
the United States and European Union Member States.

George W. Bush.

Department of State

Washington, November 1, 2007

The President

The White House.

The President: I have the honor to submit to you the
Extradition Treaty between the Government of the United States
of America and the Government of the Republic of Bulgaria (the
“Extradition Treaty”) and 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 (the “MLA Agreement”), both
signed at Sofia on September 19, 2007. Upon its entry into
force, the Extradition Treaty would replace the Extradition
Treaty between the United States and Bulgaria, signed at Sofia
on March 19, 1924, and the Supplementary Extradition Treaty,
signed at Washington on June 8, 1934. The MLA Agreement is the
first treaty between the two countries on mutual legal
assistance in criminal matters. The Extradition Treaty and the
MLA Agreement fulfill the requirements of the Agreements on
Extradition and Mutual Legal Assistance between the United
States of America and the European Union, both signed on June
25, 2003, which were transmitted to the Senate on September 28,
2006, for implementing bilateral instruments between the United
States and each member state of the European Union. The
article-by-article analyses of the two instruments are enclosed
in this report. I recommend that the Extradition Treaty and the
MLA Agreement be transmitted to the Senate for its advice and
consent to ratification. Both instruments are self-executing
and will not require implementing legislation.

Respectfully submitted,
Condoleezza Rice.

Enclosures: Overviews and analyses of the provisions of the
Extradition Treaty and MLA Agreement.

Extradition Treaty Between the Government of the United States of
America and the Government of the Republic of Bulgaria

OVERVIEW

The Extradition Treaty between the Government of the United
States of America and the Government of the Republic of
Bulgaria (the “Extradition Treaty” or the “Treaty”)
replaces an outdated 1924 extradition treaty, as amended by a
1934 supplementary treaty. This new Extradition Treaty also
serves to implement, as between the United States and Bulgaria,
the provisions of the Agreement on Extradition between the
United States of America and the European Union (the “U.S.-EU
Extradition Agreement”), currently before the Senate.

The following is an article-by-article description of the
provisions of the Treaty.

Article 1 obligates each Party to extradite to the other,
pursuant to the provisions of the Treaty, persons sought by
authorities in the Requesting State for prosecution or for
imposition or execution of a sentence for an extraditable
offense.

Article 2, which is taken from Article 4 of the U.S.-EU
Extradition Agreement, defines extraditable offenses. Article
2(1) defines an offense as extraditable if the conduct on which
the offense is based is punishable under the laws in both
States by deprivation of liberty for a period of more than one
year or by a more severe penalty. The approach taken in the
Treaty with respect to extraditable offenses is consistent with
the modern “dual criminality” approach, rather than the old
“list” approach, and is one of the key benefits of the new
Treaty. Use of a “dual criminality” clause, rather than the
categories of offenses listed in the 1924 Treaty, obviates the
need to renegotiate or supplement the Treaty as additional
offenses become punishable under the laws in both States and
ensures a comprehensive coverage of criminal conduct for which
extradition might be sought.

Article 2(2) further defines an extraditable offense to
include an attempt or a conspiracy to commit, or participation
in the commission of, an extraditable offense. The Parties
intended to include, under the broad description of
“participation,” the offenses of aiding, abetting,
counseling, or procuring the commission of an offense, as well
as being an accessory to an offense.

Additional direction is provided by Article 2(3), which
provides that an offense shall be an extraditable offense
regardless of whether: (a) the laws in the Requesting and
Requested States place the acts or omissions constituting the
offense within the same category of offenses or describe the
offense by the same terminology; (b) 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 jurisdictional only; or (c) in criminal cases
relating to taxes, customs duties, currency control or
commodities, the laws of the Requesting and Requested States
provide for the same kinds of taxes, customs duties or controls
on currency or on the import or export of the same kinds of
commodities.

With regard to offenses committed outside the territory of
the Requesting State, Article 2(4) provides that extradition
shall be granted in accordance with the provisions of the
Treaty if the laws of the Requested State provide for the
punishment of such conduct committed outside its territory in
similar circumstances. If the laws of the Requested State do
not provide for the punishment of such conduct committed
outside of its territory in similar circumstances, the
executive authority of the Requested State, in its discretion,
may proceed with extradition provided that all other
requirements for extradition are met.

Article 2(5) provides that, if extradition is granted for
an extraditable offense, it shall also be granted for any other
offense specified in the request if the latter offense is
punishable by one year’s deprivation of liberty or less,
provided that all other requirements for extradition are met.

Article 2(6) provides that, where the extradition request
is for enforcement of a sentence, the deprivation of liberty
remaining to be served must be at least four months.

Article 3(1) provides that extradition shall not be refused
based on the nationality of the person sought, for any offense
falling within a comprehensive list of 30 offenses. The list
mirrors those offenses for which surrender of nationals by one
member state of the European Union to another is mandatory
under the European Arrest Warrant procedure. Under the
Bulgarian Constitution, a treaty is required in order for
Bulgarian authorities to surrender a Bulgarian citizen to
another state for purposes of criminal prosecution. The United
States is the first country outside the European Union with
which Bulgaria has agreed to extradite nationals.

Article 3(2) provides that the Requested State additionally
may choose to extradite a national for an offense not
enumerated in paragraph 1. In the event that the Requested
State denies extradition on the sole basis of nationality with
respect to an offense not enumerated in Article 3(1), under
Article 3(3) the Requested State shall, at the request of the
Requesting State, submit the case to its competent authorities
for prosecution. Under Article 3(4), the Parties also may agree
to expand the list in paragraph 1 at a future time.

Article 4 governs political and military offenses as a
basis for the denial of extradition. As is customary in
extradition treaties, Article 4(1) provides that extradition
shall not be granted if the offense for which extradition is
requested constitutes a political offense. Article 4(2)
specifies five categories of offenses that shall not be
considered to be political offenses:

(a) an offense for which both Parties have the
obligation 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;

(b) murder, manslaughter, malicious wounding,
inflicting grievous bodily harm, assault with intent to
cause serious physical injury, and serious sexual
assault;

(c) an offense involving kidnapping, abduction, or
any form of unlawful detention, including the taking of
a hostage;

(d) placing, using, threatening to use, or possessing
an explosive, incendiary, or destructive device capable
of endangering life, causing substantial bodily harm,
or causing substantial property damage; and

(e) a conspiracy or attempt to commit, or
participation in the commission of any of the offenses
set forth in (a)-(d).

Article 4(3) provides that, notwithstanding Article 4(2),
extradition shall not be granted if the executive authority of
the Requested State determines that the request was politically
motivated.

Article 4(4) provides that the executive authority of the
Requested State may refuse extradition for offenses under
military law that are not offenses under ordinary criminal law.
Desertion would be an example of such an offense.

Article 5(1) precludes extradition of a person who has been
convicted or discharged from proceedings with final and binding
effect by the competent authorities in the Requested State for
the offense for which extradition is requested. Article 5(1)
adopts a similar formulation to the U.S.-Austria Extradition
Treaty and clarifies that an acquittal for lack of
jurisdiction, or a discharge for lack of jurisdiction, is not
an obstacle to extradition.

Article 5(2) prohibits the Requested State from denying
extradition solely based on the existence of criminal
jurisdiction in the Requested State. Article 5(2) also ensures
that the Parties will apply their domestic law on prior
prosecution to give full force and effect to Articles 1 and 3
of the Treaty. Bulgarian criminal law allows for jurisdiction
in a wide range of situations, including situations where the
accused is a Bulgarian national but committed the crime abroad.
In addition, Bulgarian extradition law permits denial of
extradition where the offense for which extradition is
requested falls within the jurisdiction of Bulgarian courts.
Given these provisions of Bulgarian domestic law, Article 5(2)
provides important protections to ensure that U.S. extradition
requests to Bulgaria will not be denied based on Bulgaria’s
ability to assert criminal jurisdiction for the same offense
for which extradition has been requested.

Article 6 provides that extradition may be denied if
prosecution of the offense or execution of the penalty is
barred by lapse of time under the laws of the Requesting State.
Acts that would interrupt or suspend the prescriptive period in
the Requesting State are to be given effect by the Requested
State.

Article 7, which is taken from Article 13 of the U.S.-EU
Extradition Agreement, concerns capital punishment. It provides
that, when an offense for which extradition is sought is
punishable by death under the laws in the Requesting State but
not under the laws in the Requested State, the Requested State
may grant extradition on the condition that the death penalty
shall not be imposed on the person sought, or if for procedural
reasons such condition cannot be complied with by the
Requesting State, on condition that the death penalty, if
imposed, shall not be carried out. If the Requesting State
accepts extradition subject to such a condition, it must comply
with the condition.

Article 8 establishes extradition procedures and describes
the documents required to support a request for extradition.
Article 8(1), which is taken from Article 5(1) of the U.S.-EU
Extradition Agreement, provides that all requests for
extradition must be submitted through the diplomatic channel,
which shall include transmission through the channel specified
in Article 11(4) of the Treaty. Article 8(2) specifies the
documents, information, and legal texts that shall support all
extradition requests. Article 8(3) provides that a request for
the extradition of a person who is charged with an offense must
also be supported by such information as would provide a
reasonable basis to believe that the person sought committed
the offense for which extradition is sought. Article 8(4) sets
forth the items, in addition to those in paragraph 2, that must
accompany a request for the extradition relating to a person
who has been found guilty or been convicted of the offense for
which extradition is sought. It further requires that a request
for extradition of a person who has been convicted in absentia
must also be supported by such information as would provide a
reasonable basis to believe that the person sought committed
the offense for which extradition is sought, as well as
information regarding the circumstances under which the person
was absent from the proceedings. Article 8(5), which is taken
from Article 8 of the U.S.-EU Extradition Agreement, authorizes
the Requested State to require the Requesting State to furnish
additional information to support an extradition request, if
the Requested State deems it necessary to fulfill the
requirements of the Treaty. It specifies that such information
may be requested and supplied directly between the United
States Department of Justice and the Ministry of Justice of the
Republic of Bulgaria.

Article 9, which is taken from Article 5(2) of the U.S.-EU
Extradition Agreement, concerns admissibility of documents. It
provides that documents bearing the certificate or seal of
either the Ministry or Department of Justice or the foreign
affairs Ministry or Department of the Requesting State shall be
admissible in extradition proceedings in the Requested State
without further certification.

Article 10 provides that all documents submitted under the
Treaty by the Requesting State shall be translated into the
language of the Requested State, unless otherwise agreed.

Article 11 sets forth procedures and describes the
information that is required for the provisional arrest and
detention of the person sought pending presentation of the
formal extradition request and supporting documents. Article
11(1) provides for provisional arrest and sets forth procedures
for transmission of a request for provisional arrest. Article
11(2) specifies the information that must accompany an
application for provisional arrest. Article 11(3) requires the
Requested State to notify the Requesting State of the
disposition of the provisional arrest request and the reasons
for any inability to proceed with the request.

Article 11(4) provides that, if the Requested State has not
received the request for extradition and supporting documents
within sixty days of the date of provisional arrest, the person
may be discharged. Consistent with Article 7 of the U.S.-EU
Extradition Agreement, Article 11(4) provides an alternative
channel for receipt of extradition requests applicable with
respect to persons who have been provisionally arrested,
namely, through transmission of the request to the Embassy of
the Requested State in the Requesting State. Article 11(5)
provides that the discharge of a person from custody pursuant
to Article 11(4) does not prejudice the person’s subsequent re-
arrest and extradition if the extradition request and
supporting documents are delivered at a later date.

Article 12 specifies the procedures governing a decision on
the extradition request and the surrender of the person sought.
It requires the Requested State to promptly notify the
Requesting State of its decision regarding a request. If the
request is denied in whole or in part, the Requested State must
provide an explanation of the reasons for the denial and, upon
request, copies of pertinent judicial decisions. If extradition
is granted, the States shall agree on the time and place for
the surrender of the person sought. If the person sought is not
removed from the territory of the Requested State within the
time period prescribed by the law of that State, the person may
be discharged from custody, and the Requested State, in its
discretion, may subsequently refuse extradition for the same
offense(s).

Article 13 addresses temporary and deferred surrender.
Under Article 13(1), if a person whose extradition is sought is
being proceeded against or is serving a sentence in the
Requested State, the Requested State may defer extradition
proceedings until the proceedings have been concluded or the
sentence has been served in the Requested State. Alternatively,
the Requested State may conduct the extradition proceedings
and, if extradition is authorized, may choose to temporarily
surrender the person to the Requesting State for the purpose of
prosecution.

Consistent with Article 9 of the U.S.-EU Extradition
Agreement, Article 13(2) provides that the Requesting State
shall keep the person so surrendered in custody and shall
return that person to the Requested State after the conclusion
of the proceedings against that person, in accordance with
conditions to be determined by mutual agreement of the States.
Time spent in custody in the Requesting State pending
prosecution there may be deducted from the time to be served in
the Requested State. The return of the person to the Requested
State shall not require further extradition procedures.

Article 14, which is taken from Article 10 of the U.S.-EU
Extradition Agreement, governs the situation in which the
Requested State receives requests for the extradition or
surrender of the same person from more than one State, either
for the same offense or for different offenses. Under Article
14(1), in the event of requests by more than one State for the
same person, the executive authority of the Requested State
shall determine to which State, if any, it will surrender that
person. Article 14(2) provides that, in the event that Bulgaria
receives an extradition request from the United States and a
request for surrender pursuant to the European Arrest Warrant
for the same person, Bulgaria’s competent court of law, or such
other authority as Bulgaria may designate, shall determine to
which State, if any, it will surrender the person.

Article 14(3) provides a non-exclusive list of factors to
be considered by the Requested State in determining to which
State to surrender a person who is sought by more than one
State.

Article 15 provides that the Requested State may, to the
extent permitted under its law, seize and surrender to the
Requesting State all items, including articles, documents,
evidence, and proceeds, that are connected with the offense in
respect of which extradition is granted. Such items may be
surrendered even if the extradition cannot be carried out due
to the death, disappearance, or escape of the person sought.
The Requested State may condition the surrender of the items
upon satisfactory assurances from the Requesting State that the
property will be returned to the Requested State as soon as
practicable. The Requested State may also defer the surrender
of such items if they are needed as evidence in the Requested
State. The rights of third parties in such items are to be
respected in accordance with the laws of the Requested State.

Article 16 sets forth the Rule of Specialty, which, subject
to specific exceptions set forth in paragraph 3, prohibits a
person extradited under the Treaty from being detained, tried,
or punished in the Requesting State except for:

(a) any offense for which extradition was granted, or a
differently denominated offense based on the same facts as the
offense for which extradition was granted, provided such
offense is extraditable, or is a lesser included offense;

(b) any offense committed after the extradition of the
person; or

(c) any offense for which the competent authority of the
Requested State consents to the person’s detention, trial, or
punishment.

Article 16(2) provides that a person extradited under the
Treaty may not be the subject of onward extradition or
surrender for any offense committed prior to the extradition to
the Requesting State unless the Requested State consents. This
provision would preclude Bulgaria from transferring a fugitive
surrendered to it by the United States to a third country or
intemational tribunal without the consent of the United States.

Article 16(3) sets forth exceptions to the rule of
specialty. It provides that the restrictions set forth under
paragraphs 1 and 2 shall not prevent the detention, trial, or
punishment of an extradited person, or the extradition of a
person to a third State, if the extradited person either leaves
the territory of the Requesting State after extradition and
voluntarily returns to it or fails to leave the territory of
the Requesting State within twenty-five days of being free to
do so.

Consistent with Article 11 of the U.S.-EU Extradition
Agreement, Article 17 provides for simplified procedures in
situations where the person sought waives extradition or
consents to being surrendered. The rule of specialty
protections do not apply if a person waives extradition. If a
person consents to surrender, the consent of the person sought
may include agreement to waiver of protection of the rule of
specialty.

Article 18, which is taken from Article 12 of the U.S.-EU
Extradition Agreement, governs the transit through the
territory of one State of a person surrendered to the other
State by a third country, or to a third country by the other
State.

Article 19 contains provisions regarding representation and
the expenses associated with extradition. Specifically, the
Requested State is required to advise, assist, appear in court
on behalf of, and represent the interests of the Requesting
State in any proceedings arising out of a request for
extradition. Article 19(2) establishes that the Requested State
bears all expenses incurred in that State in connection with
the extradition proceedings, except that the Requesting State
pays expenses related to the translation of extradition
documents and the transportation of the person surrendered.
Article 19(3) specifies that neither State shall make any
pecuniary claim against the other arising out of the arrest,
detention, examination, or surrender of persons under the
Treaty.

Article 20(1) provides that the U.S. Department of Justice
and the Bulgarian Ministry of Justice may consult in connection
with the processing of individual cases and in furtherance of
efficient implementation of the Treaty.

Article 20(2), which is taken from Article 14 of the U.S.-
EU Extradition Agreement, provides for consultation between the
Parties when the Requesting State contemplates the submission
of particularly sensitive information in support of a request
for extradition, in order to determine the extent to which the
information can be protected by the Requested State in the
event of submission.

Article 21 makes the Treaty applicable to offenses
committed both before and after the date it enters into force.

Article 22 contains final clauses addressing the Treaty’s
ratification and entry into force. It provides that the Treaty
is subject to ratification and that the Treaty shall enter into
force upon 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 Treaty have
been completed. Article 22(3) provides that, upon entry into
force of the Treaty, the Treaty shall supersede the Treaty of
Extradition between the United States of America and Bulgaria,
signed at Sofia on March 19, 1924, as well as the Supplementary
Extradition Treaty, signed at Washington on June 8, 1934, and
shall apply to all pending requests made under those prior
treaties.

Under Article 23, either State may terminate the Treaty
with six months’ written notice to the other State through the
diplomatic channel.

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

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

OVERVIEW

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 (the
“MLA Agreement” or the “Agreement”) serves to implement, as
between the United States and Bulgaria, the provisions of the
2003 Agreement on Mutual Legal Assistance between the United
States of America and the European Union (the “U.S.-EU Mutual
Legal Assistance Agreement”). Because the United States and
Bulgaria do not have a bilateral mutual legal assistance treaty
in force between them, the MLA Agreement is a partial treaty
governing only those issues regulated by the U.S.-EU Mutual
Legal Assistance Agreement. This approach is consistent to the
one taken with the other EU member states (Denmark, Finland,
Malta, Portugal, Slovak Republic, and Slovenia) with which the
United States did not have an existing bilateral mutual legal
assistance treaty.

The following is a description of the provisions of the MLA
Agreement and the accompanying Annex.

The MLA Agreement

Paragraph 1 of the Agreement specifies the articles of the
U.S.-EU Mutual Legal Assistance Agreement applicable between
the United States and Bulgaria. These provisions are set forth
in detail in the Annex to the MLA Agreement.

Paragraph 2 states that the Agreement shall not give 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.

Paragraph 3 provides that the Annex to the Agreement
reflects the provisions of the U.S.-EU Mutual Legal Assistance
Agreement that shall apply between the United States and
Bulgaria.

In accordance with Article 12 of the U.S.-EU Mutual Legal
Assistance Agreement, paragraphs 4 and 5 make the Agreement
applicable to offenses committed both before and after the date
it enters into force. In accordance with Article 12(2) of the
U.S.-EU Mutual Legal Assistance Agreement, Articles 3 and 4 of
the Annex apply to requests pending at the time the Agreement
enters into force.

Paragraph 6 sets forth provisions on the entry into force
and termination of the Agreement. The Agreement will enter into
force after an exchange of instruments between the United
States and Bulgaria indicating that they have completed their
internal procedures for entry into force and on the date of
entry into force of the U.S.-EU Mutual Legal Assistance
Agreement. Should the U.S.-EU Mutual Legal Assistance Agreement
be terminated, the Agreement will also be terminated, although
the Parties may nevertheless agree to continue to apply some or
all of its provisions.

The Annex to the MLA Agreement

Article 1 of the Annex incorporates Article 4 of the U.S.-
EU Mutual Legal Assistance Agreement (“Identification of bank
information”).

Article 1(1) requires the Requested State, upon receiving a
request, to promptly ascertain if banks located in its
territory possess information on whether a natural or legal
person suspected of or charged with a criminal offense as
designated pursuant to Article 1( 4), holds a bank account or
accounts. Subsection (b) permits, but does not obligate, the
Requested State to ascertain whether bank information exists
pertaining to convicted persons, or whether there is
information in the possession of non-bank financial
institutions, or financial transactions other than those
related to accounts.

Article 1(2) requires a request for this form of
cooperation to include, first, the identity of the natural or
legal person relevant to locating such accounts or
transactions; second, sufficient information to enable the
competent authority of the Requested State to reasonably
suspect that such person engaged in a criminal offense and that
banks or non-bank financial institutions in the Requested State
may have the information requested and to conclude that the
information sought relates to the criminal investigation or
proceeding for which assistance is sought; and, third, as much
information as possible concerning which banks or other
institutions may have the information, in order to reduce the
breadth of the inquiry.

Article 1(3) designates the U.S. channel of communication
for requests for assistance under this article as the U.S.
attache responsible for Bulgaria of the Drug Enforcement
Administration, the Bureau of Immigration and Customs
Enforcement, and the Federal Bureau of Investigation (depending
on the nature of the investigation or proceeding giving rise to
the request). For Bulgaria, the designated channel is the
Supreme Cassation Prosecutors Office during pretrial and the
Ministry of Justice during the trial. Article 1(3) also allows
the United States and the European Union to modify these
designations by exchange of diplomatic notes after the entry
into force of the Agreement.

Article 1(4) provides that the United States and Bulgaria
will provide assistance under this article with respect to
money laundering and terrorist activity punishable under the
laws of both states, and with respect to such other criminal
activity as to which they may notify each other. U.S.
negotiators verified that under Bulgarian law, assistance will
be available for a wide range of conduct associated with
terrorism (which includes the conduct criminalized in
international counter-terrorism conventions to which they are
party) and money laundering with respect to an extremely broad
range of predicate offenses.

Article 1(5) establishes that assistance may not be refused
under Article 1 on the grounds of bank secrecy.

Article 1(6) provides that the Requested State shall
respond to a request for production of the records concerning
the accounts or transactions identified pursuant to this
article in accordance with its domestic law.

Article 2 of the Annex incorporates Article 5 of the U.S.-
EU Mutual Legal Assistance Agreement (“Joint investigative
teams”).

Article 2(1) provides that joint investigative teams may be
established and operated in the respective territories of the
United States and Bulgaria, where the Parties agree to do so.

Under Article 2(2), the manner of the team’s operation
shall be agreed between the competent authorities, as
determined by the respective States concerned.

Article 2(3) describes channels of communication so as to
facilitate direct communication between law enforcement
authorities with respect to cases arising under Article 2. The
paragraph provides that the competent authorities determined by
the respective States concerned shall communicate directly for
purposes of establishing and operating such teams, except where
the complexity, scope or other circumstances involved are
deemed to require more central coordination, in which case the
States concerned may agree upon other channels of
communication. This approach facilitates speed, efficiency and
clarity by providing for direct communications in most cases
among the affected law enforcement components, rather than
through a mutual legal assistance request transmitted through a
central authority, as would otherwise generally take place.

Article 2(4) states that, where the joint investigative
team needs investigative measures to be taken in one of the
States involved in the team, a member of the team of that State
may request its own competent authorities to take those
measures without the other State having to submit a mutual
legal assistance request. The legal standard for obtaining the
measure is the applicable domestic standard. Thus, where an
investigative measure is to be carried out in the United
States, for example, a U.S. team member could do so by invoking
existing domestic investigative authority, and would share
resulting information or evidence seized pursuant to such an
action with the foreign authorities. A formal mutual legal
assistance request would not be required. In a case in which
there is no domestic U.S. jurisdiction and consequently a
compulsory measure cannot be carried out based on domestic
authority, the provisions of 28 U.S.C. Section 1782 may furnish
a separate legal basis for carrying out such a measure.

Article 3 of the Annex incorporates Article 6 of the U.S.-
EU Mutual Legal Assistance Agreement (“Video conferencing”).

Article 3(1) provides that the use of video transmission
technology shall be available between the United States and
Bulgaria for taking testimony in a proceeding for which mutual
legal assistance is available. To the extent that procedures
for video conferencing are not set forth in Article 3, the law
of the Requested State governs the procedures.

Article 3(2) provides that the costs associated with
establishing and servicing the video transmission will be borne
by the Requesting State, unless otherwise agreed. Other related
costs will be borne as agreed upon by the United States and
Bulgaria.

Article 3(3) provides for a consultation mechanism in order
to facilitate legal, technical or logistical issues that may
arise in the execution of a particular request.

Article 3(4) provides that the making of intentionally
false statements or other witness or expert misconduct shall be
punishable in the Requested State in the same manner as if such
conduct had been committed in the course of a domestic
proceeding. This is already the case where 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 State, since the proceeding to execute the request
is a U.S. proceeding and therefore penalties under U.S. law for
perjury, obstruction of justice or contempt of court are
applicable.

Article 3(5) specifies that the availability of video
transmission technology for purposes of facilitating the taking
of testimony does not mean that other means of obtaining
testimony are no longer available.

Article 3(6) makes clear that the Requested State may also
permit the use of video conferencing technology for purposes
other than providing testimony, including for purposes of
identification of persons or objects, and taking of
investigative statements (to the extent these are not
considered to be testimony under the law of the Requesting
State).

Article 4 of the Annex incorporates Article 7 of the U.S.-
EU Mutual Legal Assistance Agreement (“Expedited transmission
of requests”). Article 4 provides that requests for mutual
legal assistance, and communications related thereto, may be
made by expedited means of communications, including fax or
email, with formal confirmation to follow where required by the
Requested State. The Requested State may respond to the request
by any such expedited means of communication.

Article 5 of the Annex incorporates Article 8 of the U.S.-
EU Mutual Legal Assistance Agreement (“Mutual legal assistance
to administrative authorities”). Article 5 provides an express
legal basis for the provision of assistance to an
administrative authority investigating conduct with a view to
criminal prosecution or referral to criminal investigation or
prosecution authorities, pursuant to its specific
administrative or regulatory authority to undertake such
investigation. If the administrative authority anticipates that
no prosecution or referral will take place, assistance is not
available. Article 5(2) provides that requests for assistance
under Article 5 shall be transmitted between the U.S.
Department of Justice and the Bulgarian Ministry of Justice or
such other authorities as may be agreed upon by the U.S.
Department of Justice and Bulgarian Ministry of Justice.

Article 6 of the Annex incorporates Article 9 of the U.S.-
EU Mutual Legal Assistance Agreement (“Limitations on use to
protect personal and other data”).

Article 6(1) permits the Requesting State to use evidence
or information it has obtained from the Requested State for its
criminal investigations and proceedings, for preventing an
immediate and serious threat to its public security, for non-
criminal judicial or administrative proceedings directly
related to its criminal investigations or proceedings, for non-
criminal judicial or administrative proceedings for which
assistance was provided under Article 5 of the Annex, and 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 6(2)(a) specifies that the Article does not
preclude the Requested State from imposing additional
conditions where the particular request for assistance could
not be granted in the absence of such conditions. Where such
additional conditions are imposed, the Requested State may
require the Requesting State to give information on the use
made of the evidence or information.

Article 6(2)(b) provides that generic restrictions with
respect to the legal standards of the Requesting State for
processing personal data may not be imposed by the Requested
State as a condition under paragraph 2( a) to providing
evidence or information. This provision is further elaborated
upon in the explanatory note to the U.S.-EU Mutual Legal
Assistance Agreement (regarding Article 9(2)(b) of that
Agreement), which specifies that the fact that the Requesting
and Requested States have different systems of protecting the
privacy of data does not give rise to a ground for refusal of
assistance and may not as such give rise to additional
conditions under Article 6(2)(a). Such refusal of assistance
could only arise in exceptional cases in which, 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 contained in Article 8.

Article 6(3) provides that where, following disclosure to
the Requesting State, the Requested State becomes aware of
circumstances that may cause it to seek additional conditions
in a particular case, it may consult with the Requesting State
to determine the extent to which the evidence or information
can be protected.

Article 7 of the Annex incorporates Article 10 of the U.S.-
EU Mutual Legal Assistance Agreement (“Requesting State’s
request for confidentiality”). Article 7 requires the
Requested State, if asked, to use its best efforts to keep
confidential a request and its contents, and to inform the
Requesting State if the request cannot be executed without
breaching confidentiality.

Article 8 of the Annex incorporates Article 13 of the U.S.-
EU Mutual Legal Assistance Agreement (“Non-derogation”).
Article 8 makes clear that the provisions of the Annex do not
preclude the assertion of a ground for refusal of assistance
available to the Requested States pursuant to its applicable
legal principles, including where execution of the request
would prejudice its sovereignty, security, public order or
other essential interests, except where such ground for refusal
is precluded by Article 1(5) (bank secrecy) or 6(2)(b) (generic
restrictions relating to personal data) of the Annex.

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

——————————————————————————————————–

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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British Virgin Islands Extradition Treaty with the United States

April 11, 2011

British Virgin Islands International Extradition Treaty with the United States

June 8, 1972, Date-Signed

January 21, 1977, Date-In-Force

(The treaty applicable to the British Virgin Islands was signed with the United Kingdom.)

United Kingdom Of Great Britain And Northern Ireland Extradition Treaty, protocol of signature and exchange of notes were signed at London on June 8, 1972; Ratification advised by the Senate of the United States of America on June 21, 1976; It was Ratified by the President of the United States of America on September 10, 1976; Ratifications were exchanged at Washington on October 21, 1976; It was Proclaimed by the President of the United States of America on November 17, 1976; It Entered into force on January 21, 1977.

With exchange of notes Signed at Washington October 21, 1976.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

CONSIDERING THAT:

The Treaty on Extradition between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, a Protocol of Signature, and an exchange of notes were signed at London on June 8, 1972, the texts of which Treaty and related documents, are hereto annexed;

The Senate of the United States of America by its resolution of June 21, 1976, two-thirds of the Senators present concurring therein, gave its advice and consent to ratification of the Treaty and the related documents;

The Treaty and the related documents were ratified by the President of the United States of America on September 10, 1976, in pursuance of the advice and consent of the Senate, and were duly ratified on the part of the United Kingdom of Great Britain and Northern Ireland;

It is provided in Article XVI of the Treaty that the Treaty shall enter into force three months after the date of the exchange of instruments of ratification;

The instruments of ratification of the Treaty were exchanged at Washington on October 21, 1976; and accordingly the Treaty and the related documents enter into force on January 21, 1977;

NOW, THEREFORE, I, Gerald R. Ford, President of the United States of America, proclaim and make public the Treaty, Protocol of Signature, and the exchange of notes, to the end that they shall be observed and fulfilled with good faith on and after January 21, 1977, 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 signed this proclamation and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this seventeenth day of November in the year of our Lord one thousand nine hundred seventy-six and of the Independence of the United States of America the two hundred first.

GERALD R. FORD

By the President:

HENRY A. KISSINGER

Secretary of State

EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

The Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland;

Desiring to make provision for the reciprocal extradition of offenders;

Have agreed as follows:

ARTICLE I

Each Contracting Party undertakes to extradite to the other, in the circumstances and subject to the conditions specified in this Treaty, any person found in its territory who has been accused or convicted of any offense within Article III, committed within the jurisdiction of the other Party.

ARTICLE II

(1) This Treaty shall apply:

(a) in relation to the United Kingdom: to Great Britain and Northern Ireland, the Channel Islands, the Isle of Man, and any territory for the international relations of which the United Kingdom is responsible and to which the Treaty shall have been extended by agreement between the Contracting Parties embodied in an Exchange of Notes; and

(b) to the United States of America;

and references to the territory of a Contracting Party shall be construed accordingly.

(2) The application of this Treaty to any territory in respect of which extension has been made in accordance with paragraph (1) of this Article may be terminated by either Contracting Party giving six months’ written notice to the other through the diplomatic channel.

ARTICLE III

(1) Extradition shall be granted for an act or omission the facts of which disclose an offense within any of the descriptions listed in the Schedule annexed to this Treaty, which is an integral part of the Treaty, or any other offense, if:

(a) the offense is punishable under the laws of both Parties by imprisonment or other form of detention for more than one year or by the death penalty;

(b) the offense is extraditable under the relevant law, being the law of the United Kingdom or other territory to which this Treaty applies by virtue of sub-paragraph (1) (a) of Article II; and

(c) the offense constitutes a felony under the law of the United States of America.

(2) Extradition shall also be granted for any attempt or conspiracy to commit an offense within paragraph (1) of this Article if such attempt or conspiracy is one for which extradition may be granted under the laws of both Parties and is punishable under the laws of both Parties by imprisonment or other form of detention for more than one year or by the death penalty.

(3) Extradition shall also be granted for the offense of impeding the arrest or prosecution of a person who has committed an offense for which extradition may be granted under this Article and which is punishable under the laws of both Parties by imprisonment or other form of detention for a period of five years or more.

(4) A person convicted of and sentenced for an offense shall not be extradited therefor unless he was sentenced to imprisonment or other form of detention for a period of four months or more or, subject to the provisions of Article IV, to the death penalty.

ARTICLE IV

If the offense for which extradition is requested is punishable by death under the relevant law of the requesting Party, but the relevant law of the requested Party does not provide for the death penalty in a similar case, extradition may be refused unless the requesting Party gives assurances satisfactory to the requested Party that the death penalty will not be carried out.

ARTICLE V

(1) Extradition shall not be granted if:

(a) the person sought would, if proceeded against in the territory of the requested Party for the offense for which his extradition is requested, be entitled to be discharged on the grounds of a previous acquittal or conviction in the territory of the requesting or requested Party or of a third State; or

(b) the prosecution for the offense for which extradition is requested has become barred by lapse of time according to the law of the requesting or requested Party; or

(c) (i) the offense for which extradition is requested is regarded by the requested Party as one of a political character; or

(ii) the person sought proves that the request for his extradition has in fact been made with a view to try or punish him for an offense of a political character.

(2) Extradition may be refused on any other ground which is specified by the law of the requested Party.

ARTICLE VI

If the person sought should be under examination or under punishment in the territory of the requested Party for any other offense, his extradition shall be deferred until the conclusion of the trial and the full execution of any punishment awarded to him.

ARTICLE VII

(1) The request for extradition shall be made through the diplomatic channel, except as otherwise provided in Article XV.

(2) The request shall be accompanied by:

(a) a description of the person sought, his nationality, if known, and any other information which would help to establish his identity;

(b) a statement of the facts of the offense for which extradition is requested;

(c) the text, if any, of the law

(i) defining that offense;

(ii) prescribing the maximum punishment for that offense; and

(iii) imposing any time limit on the institution of proceedings for that offense; and

(d) (i) where the requesting Party is the United Kingdom, a statement of the legal provisions which establish the extraditable character of the offense for which extradition is requested under the relevant law, being the law of the United Kingdom or other territory to which this Treaty applies by virtue of sub-paragraph (1) (a) of Article II;

(ii) where the requesting Party is the United States of America, a statement that the offense for which extradition is requested, constitutes a felony under the law of the United States of America.

(3) If the request relates to an accused person, it must also be accompanied by a warrant of arrest issued by a judge, magistrate or other competent authority in the territory of the requesting Party and by such evidence as, according to the law of the requested Party, would justify his committal for trial if the offense had been committed in the territory of the requested Party, including evidence that the person requested is the person to whom the warrant of arrest refers.

(4) If the request relates to a convicted person, it must be accompanied by a certificate or the judgment of conviction imposed in the territory of the requesting Party and by evidence that the person requested is the person to whom the conviction refers and, if the person was sentenced, by evidence of the sentence imposed and a statement showing to what extent the sentence has not been carried out.

(5) The warrant of arrest, or the judicial document establishing the existence of the conviction, and any deposition or statement or other evidence given on oath or affirmed, or any certified copy thereof shall be received in evidence in any proceedings for extradition:

(a) if it is authenticated in the case of a warrant by being signed, or in the case of any other original document by being certified, by a judge, magistrate or other competent authority of the requesting Party, or in the case of a copy by being so certified to be a true copy of the original; and

(b) where the requesting Party is the United Kingdom, by being sealed with the official seal of the appropriate Minister and certified by the principal diplomatic or consular officer of the United States of America in the United Kingdom; and where the requesting Party is the United States of America, by being sealed with the official seal of the Department of State for the Secretary of State; or

(c) if it is authenticated in such other manner as may be permitted by the law of the requested Party.

ARTICLE VIII

(1) In urgent cases the person sought may, in accordance with the law of the requested Party, be provisionally arrested on application through the diplomatic channel by the competent authorities of the requesting Party. The application shall contain 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 conviction against that person, and, if available, a description of the person sought, 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.

(2) A person arrested upon such an application shall be set at liberty upon the expiration of forty-five days from the date of his arrest if a request for his extradition shall not have been received. This provision shall not prevent the institution of further proceedings for the extradition of the person sought if a request is subsequently received.

ARTICLE IX

(1) Extradition shall be granted only if the evidence be found sufficient according to the law of the requested Party either to justify the committal for trial of the person sought if the offense of which he is accused had been committed in the territory of the requested Party or to prove that he is the identical person convicted by the courts of the requesting Party.

(2) If the requested Party requires additional evidence or information to enable a decision to be taken on the request for extradition, such evidence or information shall be submitted within such time as that Party shall require.

ARTICLE X

If the extradition of a person is requested concurrently by one of the Contracting Parties and by another State or States, either for the same offense or for different offenses, the requested Party shall make its decision in so far as its law allows, having regard to all the circumstances, including the provisions in this regard in any Agreements in force between the requested Party and the requesting States, the relative seriousness and place of commission of the offenses, the respective dates of the requests, the nationality of the person sought and the possibility of subsequent extradition to another State.

ARTICLE XI

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

(2) 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 required under the law of that Party, he may be set at liberty and the requested Party may subsequently refuse to extradite him for the same offense.

ARTICLE XII

(1) A person extradited shall not be detained or proceeded against in the territory of the requesting Party for any offense other than an extraditable offense established by the facts in respect of which his extradition has been granted, or on account of any other matters, nor be extradited by that Party to a third State-

(a) until after he has returned to the territory of the requested Party; or

(b) until the expiration of thirty days after he has been free to return to the territory of the requested Party.

(2) The provisions of paragraph (1) of this Article shall not apply to offenses committed, or matters arising, after the extradition.

ARTICLE XIII

When a request for extradition is granted, the requested Party shall, so far as its law allows and subject to such conditions as it may impose having regard to the rights of other claimants, furnish the requesting Party with all sums of money and other articles-

(a) which may serve as proof of the offense to which the request relates; or

(b) which may have been acquired by the person sought as a result of the offense and are in his possession.

ARTICLE XIV

(1) The requested Party shall make all necessary arrangements for and meet the cost of the representation of the requesting Party in any proceedings arising out of a request for extradition.

(2) Expenses relating to the transportation of a person sought shall be paid by the requesting Party. No pecuniary claim arising out of the arrest, detention, examination and surrender of a person sought under the provisions of this Treaty shall be made by the requested Party against the requesting Party.

ARTICLE XV

A request on the part of the Government of the United States of America for the extradition of an offender who is found in any of the territories to which this Treaty has been extended in accordance with paragraph (1) of Article II may be made to the Governor or other competent authority of that territory, who may take the decision himself or refer the matter to the Government of the United Kingdom for their decision.

ARTICLE XVI

(1) This Treaty shall be ratified, and the instruments of ratification shall be exchanged at Washington as soon as possible. It shall come into force three months after the date of the exchange of instruments of ratification.

(2) This Treaty shall apply to any offense listed in the annexed Schedule committed before or after this Treaty enters into force, provided that extradition shall not be granted for an offense committed before this Treaty enters into force which was not an offense under the laws of both Contracting Parties at the time of its commission.

(3) On the entry into force of this Treaty the provisions of the Extradition Treaty of December 22, 1931 shall cease to have effect as between the United Kingdom and the United States of America.

(4) Either of the Contracting Parties may terminate this Treaty at any time by giving notice to the other through the diplomatic channel. In that event the Treaty shall cease to have effect six months after the receipt of the notice.

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

Done in duplicate at London in the English language this 8th day of June, 1972.

Signatories

W. H. Annenberg

Anthony Kershaw

List of offenses referred to in Article III

1. Murder; attempt to murder, including assault with intent to murder.

2. Manslaughter.

3. Maliciously wounding or inflicting grievous bodily harm.

4. Unlawful throwing or application of any corrosive or injurious substance upon the person of another.

5. Rape; unlawful sexual intercourse with a female; indecent assault.

6. Gross indecency or unlawful sexual acts with a child under the age of fourteen years.

7. Procuring a woman or young person for immoral purposes; living on the earnings of prostitution.

8. Unlawfully administering drugs or using instruments with intent to procure the miscarriage of a woman.

9. Bigamy.

10. Kidnapping, abduction, false imprisonment.

11. Neglecting, ill-treating, abandoning, exposing or stealing a child.

12. An offense against the law relating to narcotic drugs, cannabis sativa L, hallucinogenic drugs, cocaine and its derivatives, and other dangerous drugs.

13. Theft; larceny; embezzlement.

14. Robbery; assault with intent to rob.

15. Burglary or housebreaking or shopbreaking.

16. Receiving or otherwise handling any goods, money, valuable securities or other property, knowing the same to have been stolen or unlawfully obtained.

17. Obtaining property, money or valuable securities by false pretenses or other form of deception.

18. Blackmail or extortion.

19. False accounting.

20. Fraud or false statements by company directors and other officers.

21. An offense against the bankruptcy laws.

22. An offense relating to counterfeiting or forgery.

23. Bribery, including soliciting, offering or accepting bribes.

24. Perjury; subornation of perjury.

25. Arson.

26. Malicious damage to property.

27. Any malicious act done with intent to endanger the safety of persons travelling or being upon a railway.

28. Piracy, involving ships or aircraft, according to international law.

29. Unlawful seizure of an aircraft.

PROTOCOL OF SIGNATURE

At the time of signing this day the Extradition Treaty between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as “the Treaty”), the undersigned have agreed as follows:

(1) Article III of the Treaty shall permit the Government of the United States of America to obtain the extradition of a person for an offense to which the Treaty relates when United States Federal jurisdiction is based upon interstate transport or transportation or the use of the mails or of interstate facilities, these aspects being jurisdictional only.

(2) This Protocol of Signature shall form an integral part of the Treaty.

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.

Done in duplicate at London in the English language this 8th day of June, 1972.

8 JUNE 1972

His Excellency

The Honourable

WALTER H ANNENBERG

YOUR EXCELLENCY

I have the honour to refer to Article 16, paragraph (2), of the Extradition Treaty between our two Governments signed today.

It is the understanding of the Government of the United Kingdom that, without prior concurrence by both Governments, no application will be made for the extradition of a person for an offence committed before the Treaty signed today enters into force if extradition of such person for that offence, or any other offence, has previously been denied because the offence was not included in the Extradition Treaty between the United Kingdom and the United States, signed at London on 22 December, 1931.

I would appreciate receiving confirmation that the foregoing is also the understanding of the Government of the United States.

I have the honour to be with the highest consideration

R. V. RICHARDSON

EMBASSY OF THE UNITED STATES OF AMERICA LONDON

JUNE 8, 1972

EXCELLENCY:

I have the honor to acknowledge receipt of your note of June 8, 1972 which reads as follows:

“I have the honour to refer to Article 16, paragraph (2), of the Extradition Treaty between our two Governments signed today.

“It is the understanding of the Government of the United Kingdom that, without prior concurrence by both Governments, no application will be made for the extradition of a person for an offence committed before the Treaty signed today enters into force if extradition of such person for that offence, or any other offence, has previously been denied because the offence was not included in the Extradition Treaty between the United Kingdom and the United States, signed at London on 22 December, 1931.

“I would appreciate receiving confirmation that the foregoing is also the understanding of the Government of the United States.”

I confirm that the foregoing is also the understanding of the Government of the United States.

Accept, Excellency, the renewed assurances of my highest consideration.

WALTER ANNENBERG

THE SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH

AFFAIRS FOREIGN OFFICE London, S.W.1.

BRITISH EMBASSY, Washington, D.C.

21 OCTOBER 1976

SIR

I have the honour to refer to the Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America signed at London on 8 June 1972. In accordance with the provisions of paragraph (1) (a) of Article II I have the honour to propose that, with effect from the date of entry into force of the Treaty, the application of the Treaty shall extend to those territories listed in the Annex to this Note for the international relations of which the United Kingdom is responsible.

If the foregoing proposal is acceptable to the Government of the United States of America, I have the honour to propose that this Note, together with its Annex and Your Excellency’s reply in that sense, shall constitute an Agreement between the two Governments in this matter.

I avail myself of this opportunity to renew to you, Sir, the assurance of my highest consideration.

PETER RAMSBOTHAM

HENRY A KISSINGER

Secretary of State of the United States of America Washington DC

ANNEX

Antigua
Belize
Bermuda
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Dominica
Falkland Islands and Dependencies
Gibraltar
Gilbert Islands
Hong Kong
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St Christopher, Nevis and Anguilla
St Helena and Dependencies
St Lucia
St Vincent
Solomon Islands
Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Turks and Caicos Islands
Tuvalu

DEPARTMENT OF STATE WASHINGTON

OCTOBER 21, 1976

EXCELLENCY:

I have the honor to acknowledge receipt of your note of October 21, 1976, which reads as follows:

“Sir

I have the honour to refer to the Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America signed at London on 8 June 1972. In accordance with the provisions of paragraph (1) (a) of Article II I have the honour to propose that, with effect from the date of entry into force of the Treaty, the application of the Treaty shall extend to those territories listed in the Annex to this Note for the international relations of which the United Kingdom is responsible.

If the foregoing proposal is acceptable to the Government of the United States of America, I have the honour to propose that this Note, together with its Annex and Your Excellency’s reply in that sense, shall constitute an Agreement between the two Governments in this matter.

I avail myself of this opportunity to renew to you, Sir, the assurance of my highest consideration.

ANNEX

Antigua
Belize
Bermuda
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Dominica
Falkland Islands and Dependencies
Gibraltar
Gilbert Islands
Hong Kong
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St Christopher, Nevis and Anguilla
St Helena and Dependencies
St Lucia
St Vincent
Solomon Islands
Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Turks and Caicos Islands
Tuvalu”

I have the honor to inform Your Excellency that the foregoing is acceptable and reflects correctly the understanding of the Government of the United States of America, and that Your Excellency’s note and this note in reply concurring therein, together with its Annex, constitute an agreement between our two Governments concerning the Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America signed at London on 8 June 1972.

Accept, Excellency, the renewed assurances of my highest consideration.

CHARLES W ROBINSON

SIR PETER E. RAMSBOTHAM, G.C.V.O., K.C.M.G.,

British Ambassador

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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.

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