Edward Snowden Asylum – 21 States – As of 1:30 pm ET

July 2, 2013

Edward Joseph Snowden asylum responses and our extradition treaties with those States:

  1. Austria – Snowden must be on Austria’s soil in order to complete the request
    Extradition:Austria Extradition Treaty with the United States
  2. Bolivia – Possibly might grant asylum
    Extradition:Bolivia Extradition Treaty with the United States
  3. Brazil – Snowden has been denied asylum
    Extradition:Brazil Extradition Treaty with the United States
  4. China – No response reported as of this posting
    Extradition with Hong Kong: China (Hong Kong) Extradition Treaty with the United States
  5. Cuba – No response reported as of this posting
    Extradition:Cuba Extradition Treaty with the United States
  6. Ecuador – Snowden must be on Ecuador’s soil in order to complete the request
    Extradition:Ecuador Extradition Treaty with the United States
  7. Finland – Snowden must be on Findland’s soil in order to complete the request
    Extradition:Finland Extradition Treaty with the United States
  8. France – No response reported as of this posting
    Extradition:France Extradition Treaty with the United States
  9. Germany – No response reported as of this posting
    Extradition:Germany Extradition Treaty with the United States
  10. Iceland – Snowden must be on Iceland’s soil in order to complete the request
    Extradition:Iceland (Denmark) Extradition Treaty with the United States
  11. India – Snowden’s asylum request has been denied
    Extradition:India Extradition Treaty with the United States
  12. Ireland – Snowden must be on Ireland’s soil in order to complete the request
    Extradition:Ireland Extradition Treaty with the United States
  13. Italy – Snowden’s asylum request has been denied
    Extradition:Italy Extradition Treaty with the United States
  14. Netherlands – No response reported as of this posting
    Extradition:Netherlands, Netherlands Antilles, and Aruba Extradition Treaty with the United States
  15. Nicaragua – No response reported as of this posting
    Extradition:Nicaragua Extradition Treaty with the United States
  16. Norway – Snowden must be on Norway’s soil in order to complete the request
    Extradition:Norway Extradition Treaty with the United States
  17. Poland – Snowden’s asylum request has been denied
    Extradition:Poland Extradition Treaty with the United States
  18. Russia – Snowden has withdrawn his asylum request
    No Extradition Treaty
  19. Spain – Snowden must be on Spain’s soil in order to complete the request
    Spain Extradition Treaty with the United States
  20. Switzerland – No response reported as of this posting
    Extradition:Switzerland Extradition Treaty with the United States
  21. Venezuela – Possibly might grant asylum
    Extradition:Venezuela Extradition Treaty with the United States

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

————————————————————–

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“Hong Kong silent so far on Edward Snowden extradition”

June 22, 2013

The Independent on June 22, 2013 released the following:

Associated Press

“Hong Kong has remained silent thus far on whether former National Security Agency contractor Edward Snowden should be extradited to the United States now that he has been charged with espionage, but some legislators said the decision should be up to the Chinese government.

Edward Snowden, believed to be holed up in Hong Kong, has admitted providing information to the news media about two highly classified NSA surveillance programs.

The Hong Kong government had no immediate reaction to the charges against Snowden. Police Commissioner, Andy Tsang, when was asked about the development, told reporters only that the case would be dealt with according to the law. A police statement said it was “inappropriate” for the police to comment on the case.

When China regained control of Hong Kong in 1997, the former British colony was granted a high degree of autonomy and rights and freedoms not seen on mainland China. However, under the city’s mini constitution Beijing is allowed to intervene in matters involving defence and diplomatic affairs.

Outspoken legislator Leung Kwok-hung said Beijing should instruct Hong Kong to protect Snowden from extradition before his case gets dragged through the court system. Leung also urged the people of Hong Kong to “take to the streets to protect Snowden.”

Another legislator, Cyd Ho, vice-chairwoman of the pro-democracy Labour Party, said China “should now make its stance clear to the Hong Kong SAR (Special Administrative Region) government” before the case goes before a court.

China has urged Washington to provide explanations following the disclosures of National Security Agency programs which collect millions of telephone records and track foreign Internet activity on US networks, but it has not commented on Snowden’s status in Hong Kong.

A formal extradition request, which could drag through appeal courts for years, would pit Beijing against Washington at a time China tries to deflect US accusations that it carries out extensive surveillance on American government and commercial operations.

Snowden’s whereabouts have not been publicly known since he checked out of a Hong Kong hotel on June 10. He said in an interview with the South China Morning Post that he hoped to stay in the autonomous region of China because he has faith in “the courts and people of Hong Kong to decide my fate.” Tsang said in interview broadcast on local television that he could not comment when asked about a local newspaper report that Snowden was in a police “safe house.”

Snowden and his supporters have also spoken of his seeking asylum from Iceland.

A prominent former politician in Hong Kong, Martin Lee, the founding chairman of the Democratic Party, said he doubted whether Beijing would intervene at this stage.

“Beijing would only intervene according to my understanding at the last stage. If the magistrate said there is enough to extradite, then Mr. Snowden can then appeal,” he said.

Lee said Beijing could then decide at the end of the appeal process if it wanted Snowden extradited or not.

The process could become a prolonged legal battle, with Snowden contesting extradition on grounds of political persecution.

Hong Kong lawyer Mark Sutherland said that the filing of a refugee, torture or inhuman punishment claim acts as an automatic bar on any extradition proceedings until those claims can be assessed.

“Some asylum seekers came to Hong Kong 10 years ago and still haven’t had their protection claims assessed,” Sutherland said.”

As International Extradition Lawyer Douglas C. McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal crimes:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

————————————————————–
Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Hong Kong here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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“Snowden extradition battle in Hong Kong could go on for years”

June 22, 2013

Reuters on June 22, 2013 released the following:

“By James Pomfret

(Reuters) – A former U.S. National Security Agency (NSA) contractor charged with spying by the United States and in hiding in Hong Kong is expected to be the subject of a formal extradition request at any time in what could drag into a legal battle lasting years.

Since making his revelations about massive U.S. surveillance programs, legal sources in Hong Kong say Edward Snowden, 30, has sought legal representation from human rights lawyers as he prepares to fight U.S. attempts to force him home for trial.

U.S. authorities have charged Snowden with theft of U.S. government property, unauthorized communication of national defense information and willful communication of classified communications intelligence to an unauthorized person, with the latter two charges coming under the U.S. Espionage Act.

The United States and Hong Kong signed an extradition treaty which came into effect in 1998, a year after Hong Kong returned from British to Chinese rule. Scores of Americans have been sent back home for trial since then.

While espionage and theft of state secrets are not cited specifically in the treaty, equivalent charges could be pressed against Snowden under Hong Kong’s Official Secrets Ordinance, legal experts said.

If Hong Kong authorities did not charge Snowden with an equivalent crime, authorities could not extradite him, lawyers said. In the absence of charges, Snowden was also theoretically free to leave the city, one legal expert said.

Simon Young, a law professor at the University of Hong Kong, said that while the first charge involving theft might readily find equivalence in Hong Kong, the latter two spying offences will likely attract “litigation and dispute” in the courts.

The timeframe for such proceedings remains unclear, but Hectar Pun, a lawyer with human rights expertise, was quoted as saying such an extradition could take three to five years.

Under Hong Kong’s extradition mechanism, a request first goes through diplomatic channels to Hong Kong’s leader, who decides whether to issue an “authority to proceed”. If granted, a magistrate issues a formal warrant for the arrest of Snowden.

Once brought before the court, the judge would decide whether there was sufficient evidence to commit Snowden to trial or dismiss the case, though any decision could be appealed in a higher court.

Snowden could claim political asylum in Hong Kong, arguing he would face torture back home. Article six of the treaty states extradition should be refused for “an offence of a political character”.

“The unfairness of his trial at home and his likely treatment in custody” were important factors to consider for Snowden, said Young, the law professor, on Snowden’s chances of claiming political immunity from extradition.

Should a Hong Kong court eventually call for Snowden’s extradition, Hong Kong’s leader and China could, however, still veto the decision on national security or defense grounds.

Snowden has admitted leaking secrets about classified U.S. surveillance programs, which he said he did in the public interest. Supporters say he is a whistleblower, while critics call him a criminal and perhaps even a traitor.”

As International Extradition Lawyer Douglas McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal crimes:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

————————————————————–

Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Hong Kong here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

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“Confessed NSA Leaker Holed Up In Hong Kong Hotel”

June 10, 2013

NPR on June 10, 2013 released the following:

Confessed NSA Leaker Holed Up In Hong Kong Hotel

by Frank Langfitt”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Hong Kong here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

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“Edward Snowden: Why the NSA whistleblower fled to Hong Kong”

June 10, 2013

The Christian Science Monitor on June 10, 2013 released the following:

“The man who leaked the NSA secrets to The Guardian newspaper says Hong Kong is one of the few places that both could and would resist the dictates of the US government.

By Peter Ford, Staff Writer

BEIJING

Edward Snowden, the man who leaked NSA secrets to The Guardian newspaper, has chosen either luckily or on extremely good advice by seeking refuge in Hong Kong from possible prosecution.

A quirk of judicial history means Mr. Snowden could be safe from any US attempt to extradite him “for months if not years,” according to one of the former British colony’s top legal experts, Simon Young.

Though it is unlikely Snowden would be able to spend the rest of his life in Hong Kong, he will be able to use the protections afforded by Hong Kong’s judicial system, which is independent of the Chinese government.

If Snowden chooses to ask for political asylum, says Professor Young, head of the Centre for Comparative and Public Law at Hong Kong University, “he is going nowhere” in the foreseeable future. A recent appeals court ruling, he explains, means that “the government cannot return anyone who claims that he will be persecuted” in the country he came from.

That is because Hong Kong’s asylum law is “a black hole,” Young says. In the wake of the court ruling last March, the government cannot continue simply to follow rulings by the UN High Commissioner for Refugees on the merits of an asylum claimant’s case, as it has always done until now.

The Court of Final Appeal ruled that the government must independently determine the validity of asylum claims, but the authorities have devised no system for doing so. Legislation setting up such a system would take “months if not years,” says Young, and any administrative plan the government instituted before a law was passed would be subject to challenge in the courts.

“Short of a criminal group getting to him, I think he is safe here,” Young adds.

Snowden told The Guardian in an interview published Sunday that he had flown to Hong Kong on May 20, because “they have a spirited commitment to free speech and the right of political dissent.”

The Guardian also said he believed Hong Kong was “one of the few places in the world that both could and would resist the dictates of the US government.”

The United States and Hong Kong signed an extradition treaty in 1996, shortly before Hong Kong was returned to Chinese sovereignty. Article 6 provides that “a fugitive offender shall not be surrendered if the offence of which that person is accused or was convicted is an offence of a political character.”

If the US government does indict Snowden, and then asks the Hong Kong government to extradite him, the Chief Executive might refuse on the grounds of another clause in the treaty allowing him not to surrender a fugitive if doing so might implicate “the defense, foreign affairs or essential public interest or policy” of the Chinese government in Beijing.

“Hong Kong will have to take instructions from Beijing on this,” predicts Michael Davis, a Politics professor at Hong Kong University. “And I cannot see how Beijing benefits from tweaking the US” by refusing an extradition request.

Should Beijing and the Hong Kong government agree to an extradition, however, it would be subject to judicial approval, and Snowden could decide to argue in court that he leaked information about NSA spying programs for political reasons, portraying any crime of which he might be accused as “an offence of a political character.”

Snowden might not win such a case in the end; nor would the courts necessarily grant him asylum, even when the relevant laws and regulations have been approved, because they might not regard prosecution in a US court as “persecution.”

But “one can take full advantage of Hong Kong’s legal system to challenge issues that may arise … and that could take a long time,” predicts Young.

“He has made a very wise decision” to go to Hong Kong, adds the lawyer. “But I would counsel him to get legal advice.” ”

————————————————————–

Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Hong Kong here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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“Beyond Hong Kong: Edward Snowden’s best options for asylum”

June 10, 2013
Edward Snowden
“Edward Snowden explained that he had chosen Hong Kong because it ‘has a strong tradition of free speech’. Photograph: The Guardian/AFP/Getty Images”

The Guardian on June 10, 2013 released the following:

“Choice of Hong Kong as refuge is admired, but speculation remains that he could seek sanctuary in Iceland

[BY] Owen Bowcott and Alexandra Topping

Edward Snowden’s choice of Hong Kong as a refuge from US retribution has been admired by some international lawyers – but it has not quelled speculation that he may seek asylum in another state thereafter, and activists in Iceland are making preparations should the whistleblower try to head there.

Hong Kong is a separate jurisdiction from China and has an extradition treaty with the United States, but the agreement has exceptions – including for crimes deemed to be political. In his video interview with the Guardian, Snowden, 29, an IT contractor, explained that he had chosen the semi-autonomous territory because “Hong Kong has a strong tradition of free speech”.

Under Hong Kong’s Fugitives Offenders Ordinance, however, China can issue an “instruction” to the city’s leader to take or not take action on extraditions where the interests of China “in matters of defence or foreign affairs would be significantly affected”.

One US lawyer, Douglas McNabb, a Houston-based extradition expert, said it would not be difficult for the United States to provide justification for any request. “This guy came out and said: ‘I did it,'” he commented. “[Snowden’s] best defence would probably be that this is a political case instead of a criminal one.”

Other states being mentioned where Snowden might seek sanctuary have included Ecuador, whose embassy in London is currently home to the fugitive WikiLeaks founder Julian Assange, Venezuela and Iceland – where WikiLeaks has received support.

Iceland’s ministry of the interior – which would have the final say on whether Snowden received asylum – denied that it had received any application from the whistleblower.

“We have heard about this, but we cannot speculate,” said Johannes Tomasson, spokesman for the ministry. “At the moment we have received no inquiry or application from Mr Snowden, and we cannot therefore speculate on whether any such application would be granted.”

But there was a groundswell of support for Snowden, according to information activist Smári McCarthy, executive director of the International Modern Media Institute in Iceland (IMMI), which has started making inquiries about how Snowden might be given refuge.

“Of course we have been following the story with morbid fascination and as soon as [he] mentioned Iceland, that was our cue to take action,” said McCarthy. “We are working on the basis that if he were to arrive in Iceland we would have a plan in place and ready to go.”

McCarthy’s organisation has requested a meeting with the minister of the interior and is in discussions with lawyers about the possibility of Snowden gaining protection in Iceland. One concern for campaigners is that Iceland has an extradition treaty with the US and that it could be diplomatically difficult for the small nation to grant asylum.

“It is not sure whether Iceland would be up for the fight as the US is a major trading partner,” he said. “However, it would be rather embarrassing for the States if it cut ties with this small nation because it had complied with its human rights duties.”

Snowden would have to arrive on Icelandic soil or at one of its embassies in order to claim asylum, but would have popular support in Iceland, said McCarthy. “Everywhere in the Icelandic media today we are seeing that support, with people thinking that Snowden is deserving of Iceland’s protection.”

Iceland has a history of providing asylum, famously giving former world chess champion Bobby Fischer Icelandic citizenship after a vote in the country’s parliament and is considered a world leader in human rights. The US government is unlikely to deprive Snowden of his nationality as a punishment since that could undermine any attempt to extradite him back to the United States to face charges.

Rendering anyone stateless against their will is formally forbidden by the Universal Declaration of Human Rights, adopted by the United Nations in 1948, which declares under article 15 that: “(1) Everyone has the right to a nationality; (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”

Individuals, however, can voluntarily renounce their US citizenship. In order to do so they must, according to the US state department, “appear in person before a US consular or diplomatic officer, in a foreign country (normally at a US embassy or consulate); and sign an oath of renunciation.”

The regulations add: “Persons intending to renounce US citizenship should be aware that, unless they already possess a foreign nationality, they may be rendered stateless and, thus, lack the protection of any government. They may also have difficulty travelling as they may not be entitled to a passport from any country.””

————————————————————–

Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Hong Kong here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email: