Sri Lanka Extradition Treaty with the United States

Sri Lanka International Extradition Treaty with the United States

September 30, 1999, Date-Signed

January 12, 2001, Date-In-Force

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

106TH CONGRESS

2d Session

SENATE

LETTER OF TRANSMITTAL

THE WHITE HOUSE, June 27, 2000.

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 Democratic Socialist Republic of Sri Lanka, signed at Washington, September 30, 1999.

In addition, I transmit, for the information of the Senate, the report of the Department of State with respect to the Treaty. As the report states, the Treaty will not require implementing legislation.

The provisions in this Treaty follow generally the form and content of extradition treaties recently concluded by the United States.

Upon entry into force, this Treaty would enhance cooperation between the law enforcement authorities of both countries, and thereby make a significant contribution to international law enforcement efforts. The Treaty would supersede the 1931 United States-United Kingdom extradition treaty currently applicable to the United States and Sri Lanka.

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

WILLIAM J. CLINTON.

LETTER OF SUBMITTAL

DEPARTMENT OF STATE,

Washington, May 8, 2000.

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 the Democratic Socialist Republic of Sri Lanka (the “Treaty”), signed at Washington on September 30, 1999. I recommend that the Treaty be transmitted to the Senate for its advice and consent to ratification.

The Treaty follows closely the form and content of extradition treaties recently concluded by the United States. It represents part of a concerted effort by the Department of State and the Department of Justice to develop modern extradition relationships to enhance the ability of the United States to prosecute serious offenders, including, especially, terrorists, narcotics traffickers, and white collar criminals.

The Treaty marks a significant step in bilateral cooperation between the United States and Sri Lanka.

Upon entry into force, it will supersede the 1931 United States-United Kingdom extradition treaty which was made applicable to Sri Lanka upon entry into force on June 30, 1935, and which the United States and Sri Lanka have continued to apply following Sri Lankan independence. The current treaty has become outmoded and the new treaty will provide significant improvements. The new treaty can be implemented without new legislation.

Article 1 obligates each Contracting State to extradite to the other, pursuant to the provisions of the Treaty, any person sought by the Requesting State for trial or punishment for an extraditable offense.

Article 2 concerns extraditable offenses. Article 2(1) defines an extraditable offense as one punishable under the laws in both Contracting States by deprivation of liberty for a period of more than one year, or by a more severe penalty. Use of such a “dual criminality” clause rather than a list of offenses covered by the Treaty, as in the 1931 United States-United Kingdom extradition treaty, obviates the need to renegotiate or supplement the Treaty as additional offenses become punishable under the laws of both Contracting States.

Article 2(2) defines an extraditable offense to include also an attempt or a conspiracy to commit, aiding or abetting, counseling or procuring the commission of, or being an accessory before or after the fact to, an extraditable offense.

Additional flexibility is provided by Article 2(3), which provides that an offense shall be considered an extraditable offense whether or not the laws in the Contracting States place the offense within the same category of offenses or described the offense by the same terminology; or whether or not the offense is one for which United States laws requires the showing of such matters as interstate transportation or use of the mails or of other facilities affecting interstate of foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a U.S. federal court.

With regard to an offense committed outside the territory of the Requesting State, Article 2(4) provides that extradition shall be granted for an extraditable offense regardless of where the act or acts constituting the offense were committed.

Article 2(5) provides that if extradition has been granted for an extraditable offense, it will also be granted for any other offense specified in the request even if the latter offense is punishable by less than one year’s deprivation of liberty, provided that all other requirements of extradition are met.

Article 3 provides that extradition shall not be refused on the ground that the person sought is a national of the Requested State. Neither Contracting State, in other words, may invoke nationality as a basis for denying an extradition.

As is customary in extradition treaties, Article 4 incorporates a political offense exception to the obligation to extradite. Article 4(1) states generally that extradition shall not be granted for a political offense. Article 4(2) expressly excludes from the reach of the political offense exception seven categories of offenses: (a) a murder or other violent crime against the person of a Head of State or Head of Government of one of the Contracting States, or of a member of the Head of State’s or Head of Government’s family; (b) aircraft hijacking offenses; (c) acts of aviation sabotage; (d) crimes against internationally protected persons, including diplomats; (e) acts of violence at airports; (f) any other offense for which both Contracting States are obliged pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for decision as to prosecution; and (g) a conspiracy or attempt to commit any of the offenses described above, or aiding or abetting a person who commits or attempts to commit such offenses.

Article 4(3) provides that, notwithstanding the seven exceptions in 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) permits the executive authority of the Requested State to refuse extradition for offenses under military law that are not offenses under ordinary criminal law (for example, desertion).

Article 5 bars extradition when the person sought has been convicted or acquitted in the Requested State for the same offense, but does not bar extradition if the competent authorities in the Requested State have declined to prosecute for the acts for which extradition has been requested. In addition, extradition shall not be precluded by the fact that the authorities in the Requested State, after initiating criminal proceedings, have decided to discontinue them.

Article 6 provides that extradition shall not be barred because of the laws relating to lapse of time of either Contracting State.

Article 7 concerns capital punishment. Under Article 7(1), when an offense is punishable by death in the Requesting State, but not in the Requested State, the latter may refuse extradition unless the offense constitutes murder under the laws in the Requested State or the Requesting State provides assurances that the death penalty will not be imposed or, if imposed, will not be carried out. In cases where the Requesting State has provided such assurances, Article 7(2) states that the death penalty, if imposed by the courts of the Requested State, will not be carried out.

Articles 8 to 10 address matters related to the presentation and processing of extradition requests. Article 8 establishes the procedures and describes the documents and other information that are required to support a request for [*8] extradition. It requires that all requests be submitted through the diplomatic channel. Article 8(3)(c) provides that a request for the extradition of a person sought for prosecution or punishment be supported by, among other things, such information as would provide a reasonable basis to believe that the person to be extradited committed the offense for which extradition is requested and is the person named in the arrest warrant.

Article 9 states that criteria under which documents submitted pursuant to Article 8 shall be received and admitted into evidence in the Requested State. Article 10 provides that all documents submitted by the Requesting State shall be in English.

Article 11 sets forth procedures for the provisional arrest and detention of a person sought, in case of urgency, pending presentation of the formal request for extradition. Article 11(4) provides that if the Requested State’s executive authority has not received the request for extradition and supporting documentation required in Article 8 within sixty days after the provisional arrest, the person may be discharged from custody. Article 11(5) provides explicitly that discharge from custody pursuant to Article 11(4) does not preclude subsequent re-arrest and extradition of that person upon later delivery of the extradition request and supporting documents.

Article 12 specifies the procedures governing the surrender and return of persons sought. The Requested State is required to notify the Requesting State promptly through the diplomatic channel of its decision on extradition and, if the request is denied in whole or in part, to provide the reasons for the denial of the request. If the request is granted, the Contracting States shall agree on the time and place for the surrender of the person sought. The person must be removed from the territory of the Requested State within the time prescribed by the law of that State. Otherwise, that person may be discharged from custody, and the Requested State may refuse a subsequent extradition request from the Requesting State for that person for the same offense.

Article 13 concerns temporary and deferred surrender. If a person whose extradition is sought is being prosecuted or is serving a sentence in the Requested State, that State may, subject to its laws, temporarily surrender the person to the Requesting State for the purpose of prosecution. Alternatively, the Requested State may postpone the extradition proceedings until the domestic prosecution has been concluded or any sentence imposed has been served.

Article 14 provides that if the Requested State receives requests from more than one state for the extradition of the same person, the executive authority of the Requested State, in consultation with the Requesting State, shall determine to which state it will surrender the person.

Article 15 provides for the seizure and surrender to the Requesting State of property connected with the offense for which extradition is granted, to the extent permitted under the law of the Requested State. Such property may be surrendered even when extradition cannot be effected due to the death, disappearance, or escape of the person sought. Surrender of property may be deferred if it is needed as evidence in the Requested State and may be conditioned upon satisfactory assurances that it will be returned. Article 15(3) imposes an obligation to respect the rights of third parties in the affected property.

Article 16 sets forth the rule of specialty. It provides, subject to specific exceptions, that a person extradited under the Treaty may not be detained, tried, or punished in the Requesting State for an offense other than that for which extradition has been granted or a differently denominated offense based on the same facts on which extradition has been granted (provided such offense is extraditable or is a lesser included offense). Exceptions to the rule of specialty include an offense committed after the extradition of the person or an offense for which a waiver of the rule of speciality is granted by the executive authority of the Requested State. Similarly, the Requesting State may not extradite the person to a third state or to an international tribunal for an offense committed prior to the original surrender unless the surrendering State consents. These restrictions do not apply if the extradited person leaves the Requesting State after extradition and voluntarily returns to it or fails to leave the territory of the Requesting State within ten days with respect to the territory of the United States and within forty-five days with respect to the territory of Sri Lanka of the day on which that person is free to leave.

Article 17 provides that the Requested State may, subject to its laws, surrender the person as expeditiously as possible without further proceedings if the person sought consents to the surrender.

Article 18 governs the transit through the territory of one Contracting State of a person being surrendered to the other Contracting State by a third State.

Article 19 contains provisions on representation and expenses. Specifically, the Requested State is obligated to represent the interests of the Requesting State in any proceedings arising out of a request for extradition. The Requesting State is required to bear the expenses related to the translation of documents and the transportation of the person surrendered. Article 19(3) provides that neither Contracting State shall make any pecuniary claim against the other Contracting State arising out of the arrest, detention, examination, or surrender of persons sought under the Treaty.

Article 20 states that the United States Department of Justice and the Attorney General’s Department of Sri Lanka may consult with each other directly in connection with the processing of individual cases and in furtherance of maintaining and improving Treaty implementation procedures.

Article 21, like the parallel provision in almost all recent United States extradition treaties, states that the Treaty shall apply to offenses committed before as well as after the date the Treaty enters into force.

Article 22 contains final clauses dealing with the Treaty’s ratification and entry into force. Article 22(1) states that the Treaty shall be subject to ratification, and the instruments of ratification shall be exchanged as soon as possible. Article 22(2) states the Treaty shall enter into force upon the exchange of instruments of ratification. Article 22(3) provides that upon entry into force of this Treaty, the Treaty for the Mutual Extradition of Criminals between the United States of America and Great Britain, signed at London, December 22, 1931, shall cease to have any effect between the United States and Sri Lanka, except for pending extradition proceedings in which the extradition documents have already been submitted to the courts of the Requested State at the time the Treaty enters into force (with Article 16 of the new Treaty applicable to such proceedings).

Article 23 provides that either Contracting State may terminate the Treaty at any time by giving written notice to the other Contracting State, and the termination shall be effective six months after the date of such notice.

A Technical Analysis explaining in detail the provisions of the Treaty 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 the earliest possible date.

Respectfully submitted,

MADELEINE ALBRIGHT.

EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

The Government of the United States of America and the Government of the Democratic Socialist Republic of Sri Lanka,

Recalling the extradition treaty applicable between the Contracting States, the Treaty for the Mutual Extradition of Criminals between the United States of America and Great Britain, signed at London, December 22, 1931,

Noting that the Contracting States currently apply the terms of that Treaty, and

Desiring to provide for more effective cooperation between the two States in the suppression of crime, and, for that purpose, to conclude a new treaty for the extradition of offenders,

Have agreed as follows:

Article 1 Obligation to Extradite

The Contracting States agree to extradite to each other, pursuant to the provisions of this Treaty, persons sought by the authorities in the Requesting State for trial or punishment for an extraditable offense.

Article 2 Extraditable Offenses

1. An offense shall be an extraditable offense if it is punishable under the laws in both Contracting States by deprivation of liberty for a period of more than one year or by a more severe penalty.

2. An offense shall also be an extraditable offense if it consists of an attempt or a conspiracy to commit, aiding or abetting, counseling or procuring the commission of, or being an accessory before or after the fact to, any offense described in paragraph 1.

3. For the purposes of this Article, an offense shall be an extraditable offense:

(a) whether or not the laws in the Contracting States place the offense within the same category of offenses or describe the offense by the same terminology; or

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

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

5. If extradition has been granted for an extraditable offense, it shall also be granted for any other offense specified in the request even if the latter offense is punishable by less than one year’s deprivation of liberty, provided that all other requirements for extradition are met.

Article 3 Nationality

Extradition shall not be refused on the ground that the person sought is a national of the Requested State.

Article 4 Political and Military Offenses

1. Extradition shall not be granted if the offense for which extradition is requested is a political offense.

2. For the purposes of this Treaty, the following offenses shall not be considered to be political offenses:

(a) a murder or other violent crime against the person of a Head of State or Head of Government of one of the Contracting States, or of a member of the Head of State’s or Head of Government’s family;

(b) aircraft hijacking offenses, as described in the Convention for the Suppression [*17] of Unlawful Seizure of Aircraft, done at the Hague on December 16, 1970;

(c) acts of avistion sabotage, as described in the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on September 23, 1971;

(d) crimes against internationally protected persons, including diplomats, as described in the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, done at New York on December 14, 1973;

(e) acts of violence at airports, as described in the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on February 24, 1988;

(f) any other offense for which both Contracting States 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; and

(g) a conspiracy or attempt to commit any of the foregoing offenses, or aiding or abetting a person who commits or attempts to commit such offenses.

3. Notwithstanding paragraph 2 of this Article, extradition shall not be granted if the executive authority of the Requested State determines that the request was politically motivated.

4. The executive authority of the Requested State may refuse extradition for offenses under military law which are not offenses under ordinary criminal law.

Article 5 Prior Prosecution

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

2. Extradition shall not be precluded by the fact that the authorities in the Requested State have decided not to prosecute the person sought for the acts for which extradition is requested, or to discontinue any criminal proceedings which have been instituted against the person sought for those acts.

Article 6 Lapse of Time

Extradition shall not be barred because of the laws relating to lapse of time of either the Requesting State or the Requested State.

Article 7 Capital Punishment

1. When the offense for which extradition is sought is punishable by death under the laws in the Requesting State and is not punishable by death under the laws in the Requested State, the Requested State may refuse extradition unless:

(a) the offense constitutes murder under the laws in the Requested State; or

(b) the Requesting State provides such assurances as the Requested State considers sufficient that the death penalty will not be imposed or, if imposed, will not be carried out.

2. In instances in which a Requesting State provides an assurance in accordance with paragraph (1)(b) of this Article, the death penalty, if imposed by the courts of the Requesting State, shall not be carried out.

Article 8 Extradition Procedures and Required Documents

1. All requests for extradition shall be submitted through the diplomatic channel.

2. All requests shall be supported by:

(a) documents, statements, or other types of information which describe the identity, and probable location of the person sought;

(b) information describing the facts of the offense and the procedural history of the case;

(c) a statement of the laws describing the essential elements of the offense for which extradition is requested;

(d) a statement of the provisions of law prescribing punishment for the offense; and

(e) documents, statements, or other types of information specified in paragraph 3 or paragraph 4 of this Article, as applicable.

3. A request for extradition of a person who is sought for prosecution shall also be supported by:

(a) a copy of the warrant or order of arrest, if any, issued by a judge or other competent authority of the Requesting State;

(b) a copy of the charging document, if any; and

(c) such information as would provide a reasonable basis to believe that the person to be extradited committed the offense for which extradition is requested and is the person named in the warrant of arrest.

4. A request for extradition relating to a person who has been found guilty of the offense for which extradition is sought shall also be supported by:

(a) a copy of the judgment of conviction or, if such copy is not available, a statement by a judicial authority that the person has been found guilty;

(b) information establishing that the person sought is the person to whom the finding of guilt refers;

(c) a copy of the sentence imposed, if the person sought has been sentenced, and a statement establishing to what extent the sentence has been carried out; and

(d) in the case of a person who has been found guilty in absentia, the documents required by paragraph 3.

Article 9 Admissibility of Documents

The documents which accompany an extradition request shall be received and admitted as evidence in extradition proceedings if:

(a) in the case of a request from the United States, they are signed or certified by a judge, magistrate, or an official of the United States, and sealed with the official seal of a competent authority of the United States;

(b) in the case of a request from Sri Lanka, they are certified by the principal diplomatic or principal consular officer of the United States resident in Sri Lanka, as provided by the extradition laws of the United States; or

(c) they are certified or authenticated in any other manner accepted by the law of the Requested State.

Article 10 Language

All documents submitted by the Requesting State shall be in English.

Article 11 Provisional Arrest

1. In case of urgency, a Contracting State may request the provisional arrest of the person sought pending presentation of the request for extradition. A request for provisional arrest may be transmitted through the diplomatic channel. In exceptional cases of unusual urgency, a request may be transmitted directly between the United States Department of Justice and the Sri Lankan Ministry of Justice. The facilities of the International Criminal Police Organization (INTERPOL) may be used to transmit such a request.

2. The application for provisional arrest shall contain:

(a) a description of the person sought;

(b) the location of the person sought, if known;

(c) a brief statement of the facts of the case, including, if possible, the time and location of the offense;

(d) a description of the laws violated;

(e) a statement of the existence of a warrant of arrest or a finding of guilt or judgment of conviction against the person sought; and

(f) a statement that a request for extradition for the person sought will follow.

3. The Requesting State shall be notified without delay of the disposition of its application and the reasons for any denial.

4. A person who is provisionally arrested may be discharged from custody upon the expiration of sixty (60) days from the date of provisional arrest pursuant to this Treaty if the executive authority of the Requested State has not received the formal request for extradition and the supporting documents required in Article 8.

5. The fact that the person sought has been discharged from custody pursuant to paragraph 4 of this Article shall not prejudice the subsequent rearrest and extradition of that person if the extradition request and supporting documents are delivered at a later date.

Article 12 Decision and Surrender

1. The Requested State shall promptly notify the Requesting State through the diplomatic channel of its decision on the request for extradition.

2. If the request is denied in whole or in part, the Requested State shall provide the reasons for the denial. The Requested State shall provide copies of pertinent judicial decisions upon request.

3. If the request for extradition is granted, the authorities of the Contracting States shall agree on the time and place for the surrender of the person sought.

4. If the person sought is not removed from the territory of the Requested State within the time prescribed by the law of that State, that person may be discharged from custody, and the Requested State may subsequently refuse extradition for the same offense.

Article 13 Temporary and Deferred Surrender

1. If the extradition request is granted in the case of a person who is being proceeded against or is serving a sentence in the Requested State, the Requested State may, subject to its laws, temporarily surrender the person sought to the Requesting State for the purpose of prosecution. The person so surrendered shall be kept in custody 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 determined by mutual agreement of the Contracting States.

2. The Requested State may postpone the extradition proceedings against a person who is being prosecuted or who is serving a sentence in that State. The postponement may continue until the presecution of the person sought has been concluded or until such person has served any sentence imposed.

Article 14 Requests for Extradition Made by Several States

If the Requested State receives requests from the other Contracting State and from any other State or States for the extradition of the same person, either for the same offense or for different offenses, the executive authority of the Requested State, in consultation with the Requesting State, shall determine to which State it will surrender the person.

Article 15 Seizure and Surrender of Property

1. To the extent permitted under its law, the Requested State may seize and surrender to the Requesting State all articles, documents, and evidence connected with the offense in respect of which extradition is granted. The items mentioned in this Article may be surrendered even when the extradition cannot be effected due to the death, disappearance, or escape of the person sought.

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. The Requested State may also defer the surrender of such property if it is needed as evidence in the Requested State.

3. The rights of third parties in such property shall be duly respected.

Article 16 Rule of Speciality

1. A person extradited under this Treaty may not be detained, tried, or punished in the Requesting State except for:

(a) the offense for which extradition has been granted or a differently denominated offense based on the same facts on which extradition was granted, provided such offense is extraditable, or is a lesser included offense;

(b) an offense committed after the extradition of the person; or

(c) an offense for which the executive authority of the Requested State consents to the person’s detention, trial, or punishment. For the purpose of this subparagraph:

(i) the Requested State may require the submission of the documents called for in Article 8; and

(ii) the person extradited may be detained by the Requesting State for 90 days, or for such longer period of time as the Requested State may authorize, while the request is being processed.

2. A person extradited under this Treaty may not be extradited or surrendered to a third State or an international tribunal for an offense committed prior to that person’s surrender unless the surrendering State consents.

3. Paragraphs 1 and 2 of this Article shall not prevent the detention, trial, or punishment of an extradited person, or the extradition or surrender of that person to a third State or an international tribunal, if:

(a) that person leaves the territory of the Requesting State after extradition and voluntarily returns to it; or

(b) that person does not leave the territory of the Requesting State within 10 days with respect to the territory of the United States and within 45 days with respect to the territory of Sri Lanka of the day on which that person is free to leave.

Article 17 Waiver of Extradition

If the person sought consents to surrender to the Requesting State, the Requested State may, subject to its laws, surrender the person as expeditiously as possible without further proceedings.

Article 18 Transit

1. Either Contracting State may authorize transportation through its territory of a person surrendered to the other State by a third State. A request for transit shall be transmitted through the diplomatic channel or directly between the United States Department of Justice and the Sri Lankan Ministry of Justice. The facilities of INTERPOL may also be used to transmit such a request. It shall contain a description of the person being transported and a brief statement of the facts of the case. A person in transit may be detained in custody during the period of transit.

2. No authorization is required where air transportation is used and no landing is scheduled on the territory of the Contracting State. If an unscheduled landing occurs on the territory of the other Contracting State, the other Contracting State may require the request for transit as provided in paragraph 1. That Contracting State shall detain the person to be transported until the request for transit is received and the transit is effected, so long as the request is received within 96 hours of the unscheduled landing.

Article 19 Representation and Expenses

1. The Requested State shall advise, assist, appear in court, and represent the interests of the Requesting State, in any proceedings arising out of a request for extradition.

2. The Requesting State shall bear the expenses related to the transistion of documents and the transportation of the person surrendered. The Requested State shall pay all other expenses incurred in that State by reason of the extradition proceedings.

3. Neither Contracting State shall make any pecuniary claim against the other Contracting State arising out of the arrest, detention, examination, or surrender of persons sought under this Treaty.

Article 20 Consultation

The United States Department of Justice and the Attorney General’s Department of Sri Lanka may consult with each other directly in connection with the processing of individual cases and in furtherance of maintaining and improving procedures for the implementation of this Treaty.

Article 21 Application

This Treaty shall apply to offenses committed before as well as after the date it enters into force.

Article 22 Ratification and Entry into Force

1. This Treaty shall be subject to ratification. The instruments of ratification shall be exchanged as soon as possible.

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

3. Upon the entry into force of this Treaty, the Treaty for the Mutual Extradition of Criminals between the United States of America and Great Britain, signed at London, December 22, 1931, shall cease to have any effect between the United States of America and Sri Lanka. Nevertheless, the prior Treaty shall apply to any extradition proceedings in which the extradition documents have already been submitted to the courts of the Requested State at the time this Treaty enters into force, except that Article 16 of this Treaty, relating to the Rule of Speciality, shall be applicable to such proceedings.

Article 23 Termination

Either Contracting State may terminate this Treaty at any time by giving written notice to the other Contracting State, and the termination shall be effective six months after the date of such notice.

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

DONE at Washington, in duplicate, in the English language, this thirtieth day of September, 1999.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA:

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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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