Text - Treaty Document: Senate Consideration of Treaty Document 105-16All Information (Except Treaty Text)

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[Senate Treaty Document 105-16]
[From the U.S. Government Publishing Office]

105th Congress                                              Treaty Doc.

 1st Session                                                     105-16







                      WASHINGTON ON JUNE 17, 1996

 July 28, 1997.--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, July 28, 1997.
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 Cyprus (``the Treaty''), 
signed at Washington on June 17, 1996.
    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 explains, the Treaty will not require 
implementing legislation.
    This Treaty will, upon entry into force, enhance 
cooperation between the law enforcement communities of both 
countries. It will thereby make a significant contribution to 
international law enforcement efforts.
    The provisions in this Treaty follow generally the form and 
content of extradition treaties recently concluded by the 
United States.
    I recommend that the Senate give early and favorable 
consideration to the Treaty and give its advice and consent to 

                                                William J. Clinton.

                          LETTER OF SUBMITTAL


                                       Department of State,
                                         Washington, June 13, 1997.
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 Cyprus (``the 
Treaty''), signed at Washington on June 17, 1996. 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. 
The treaty represents part of a concerted effort by the 
Department of State and the Department of Justice to develop 
modern extradition relationships to enhance the United States 
ability to prosecute serious offenders including, especially, 
narcotics traffickers and terrorists.
    The Treaty marks a significant step in bilateral 
cooperation between the United States and Cyprus. Upon entry 
into force, it will replace the Extradition Treaty between the 
United States and Great Britain signed at London on December 
22, 1931, which was made applicable to Cyprus upon entry into 
force on June 24, 1935 and which the United States and Cyprus 
have continued to apply following Cypriot independence. That 
treaty has become outmoded, and the new Treaty will provide 
significant improvements. The Treaty does not require 
implementing legislation.
    Article 1 obligates each Contracting State to extradite to 
the other, pursuant to the provisions of the Treaty, persons 
sought for prosecution for or convicted of an extraditable 
    Article 2(1) defines an extraditable offense as one 
punishable under the laws of 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 
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, 
counselling 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: (1) 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 (2) whether or 
not the offense is one for which United States federal law 
requires the proof of such matters as interstate transportation 
or use of the mails or of other facilities affecting interstate 
or foreign commerce, such matters being merely for the purpose 
of establishing jurisdiction in a United States federal court.
    With regard to offenses committed outside the territory of 
the Requesting State, Article 2(4) provides the parties with 
the discretion to grant or deny extradition if the offense for 
which extradition is sought would not be punishable under the 
laws of the Requested State in similar circumstance. The United 
States recognizes the extraterritorial application of many of 
its criminal statutes and frequently makes requests for 
fugitives whose criminal activity occurred in foreign countries 
with the intent, actual or implied, of affecting the United 
States. Cyprus did not indicate any anticipated difficulty with 
this provision.
    When extradition has been granted for an extraditable 
offense, Article 2(5) also requires extradition for any other 
offense specified in the request, even if punishableby 
deprivation of liberty of less than one year, provided that all other 
requirements for extradition are met.
    Article 3(1) provides that neither Contracting State is 
obligated to extradite its nationals, but a Requested State may 
do so unless otherwise provided by its laws and Constitution. 
Article 3(2) requires the Requested State, if it denies 
extradition solely on the basis of the nationality of the 
person sought, to submit the case to its authorities for 
    As is customary in extradition treaties, Article 4 
incorporates a political and military offenses exception to the 
obligation to extradite. Article 4(1) states generally that 
extradition shall not be granted for an offense of a political 
    Article 4(2) specifies three categories of offenses that 
shall not be considered to be political offenses:
          (a) a murder or other willful crime against the 
        person of a Head of State of one of the Contracting 
        States, or of a member of the Head of State's family;
          (b) an 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 a decision 
        as to prosecution; and
          (c) a conspiracy or attempt to commit any of the 
        offenses described above, or aiding and abetting a 
        person who commits or attempts to commit such offenses.
The Treaty's political offense exception is substantially 
identical to that contained in several other modern extradition 
treaties, including the treaty with Jordan, which recently 
received Senate advice and consent. Offenses covered by Article 
4(2)(b) include:
  --aircraft hijacking covered by 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 (22 U.S.T. 1641; TIAS No. 7192); and,
  --aircraft sabotage covered by 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, (24 U.S.T. 
        564; TIAS No. 7570).
    Article 4(3) provides that 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 deny extradition for military offenses that 
are not offenses under ordinary criminal law (for example, 
    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 
or have decided to discontinue criminal proceedings against the 
person sought.
    Article 6(1) permits refusal of extradition in cases where 
an offense for which extradition is sought is punishable by 
death under the laws in the Requesting State but not in the 
Requested State, unless the Requesting State (if so requested) 
provides assurances that the death penalty, if imposed, will 
not be carried out. Article 6(2) states that, in cases where an 
assurance under Article 6(1) is provided, the death penalty 
will not be carried out, if imposed by the courts of the 
Requesting State.
    Article 7 enables extradition requests to be granted 
irrespective of statutes of limitations in either the 
Requesting or Requested State.
    Article 8 establishes the procedures and describes the 
documents that are required to support an extradition request. 
Article 8(1) 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 be 
supported by a statement of the facts of the case disclosing 
reasonable grounds to believe that an offense was committed and 
that the person sought committed it.
    Article 9 establishes the procedures under which documents 
submitted pursuant to the provisions of this Treaty shall be 
received and admitted into evidence.
    Article 10 declares that all documents submitted by the 
Requesting State shall be either in the language of the 
Requesting State or in the language of the Requested State, but 
gives the Requested State the right to require a translation 
into its language.
    Article 11 sets forth procedures for the provisional arrest 
and detention of a person sought pending presentation of the 
formal request for extradition. Article 11(4) provides that if 
the Requested State's executive authority has not received the 
formal request for extradition and supporting documentation 
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 
prejudice subsequent rearrest and extradition of that person 
upon later delivery of the extradition request and supporting 
    Article 12 specifies the procedures governing surrender and 
return of persons sought. It requires the Requested State to 
provide prompt notice to the Requesting State through the 
diplomatic channel regarding its extradition decision. If the 
request is denied in whole or in part, Article 12 requires the 
Requested State to provide information regarding the reasons 
therefor. If extradition is granted, the authorities of the 
Contracting States shall agree on the time and place for 
surrender of the person sought. If the person sought is not 
removed from the territory of the Requested State within the 
time prescribed by its law, the person may be released, and the 
Requested State may subsequently refuse extradition 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 
temporarily surrender the person sought to the Requesting State 
solely for the purpose of prosecution. Alternatively, the 
Requested State may postpone the extradition proceedings 
against a person who is being prosecuted or who is serving a 
sentence in that State until its prosecution has been concluded 
and the sentence has been served.
    Article 14 sets forth a non-exclusive list of factors to be 
considered by the Requested State is determining to which State 
to surrender a person sought by more than one State.
    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 from the Requesting State that it will be returned. 
Article 15(3) imposes an obligation to respect the rights of 
third parties in affected property.
    Article 16 sets forth the rule of speciality. It provides, 
subject to specific exceptions, that a person extradited under 
the Treaty may not be detained, tried, or punished for an 
offense committed prior to extradition other than that for 
which extradition has been granted, unless the executive 
authority of the Requested State consents. Similarly, the 
requesting State may not extradite such person to a third state 
for an offense committed prior to the original surrender unless 
the executive authority of the Requested 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 Requesting State within ten days of 
being free to do so.
    Article 17 permits surrender to the Requesting State 
without further proceedings if the person sought formally 
consents by way of affidavit or otherwise.
    Article 18 governs the transit through the territory of one 
Contracting State of a person being surrendered to the other 
State by a third State.
    Article 19 contains provisions on representation and 
expenses that are similar to those found in other modern 
extradition treaties. Specifically, the Requested State 
isrequired 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) clarifies that neither State shall make any pecuniary claim 
against the other 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 Ministry of Justice and Public Order in Cyprus 
may consult with each other directly or through the facilities 
of INTERPOL 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.
    Ratification and entry into force are addressed in Article 
22. That Article provides that the Parties shall exchange 
instruments of ratification, whereupon the Treaty shall enter 
into force. Upon entry into force, the Extradition Treaty 
between the United States of America and Great Britain, signed 
at London December 22, 1931, shall cease to have effect between 
the United States and Cyprus, except for pending extradition 
proceeding in which the documents have already been submitted 
to the courts of the Requested State at the time the Treaty 
enters into force (with Articles 16 and 17 of the new Treaty 
applicable to such proceedings).
    Under Article 23, either Contracting State may terminate 
the Treaty at any time upon written notice to the other Party 
through the diplomatic channel with termination to become 
effective six months after the date of such notice.
    A Technical Analysis explaining in detail the provisions of 
the Treaty has been 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 
    Respectively submitted,
                                                Madeleine Albright.