Text - Treaty Document: Senate Consideration of Treaty Document 105-18All Information (Except Treaty Text)

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[Senate Treaty Document 105-18]
[From the U.S. Government Publishing Office]

105th Congress                                              Treaty Doc.

 1st Session                                                     105-18









 July 30, 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 30, 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 United States of America and the Argentine 
Republic, signed at Buenos Aires on June 10, 1997.
    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 Extradition Treaty Between the United States of 
America and the Republic of Argentina signed at Washington on 
January 21, 1972.
    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, July 9, 1997.
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 
Argentine Republic (the ``Treaty''), signed at Buenos Aires on 
June 10, 1997. 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 ability of the 
United States to prosecute serious offenders, including, 
especially, narcotics traffickers and terrorists.
    The Treaty marks a significant step in bilateral 
cooperation between the United States and Argentina. Upon entry 
into force, it would supersede the extradition treaty currently 
in force between the two countries, which was signed at 
Washington on January 21, 1972. That treaty has become outmoded 
and the new treaty will provide significant improvements. The 
Treaty can be implemented without new legislation.
    Article 1 obligates each Party to extradite to the other, 
pursuant to the provisions of the Treaty, any person charged 
with or found guilty of an extraditable offense in the 
Requesting State.
    Article 2(1) defines an extraditable offense as one 
punishable under the laws in both Parties by deprivation of 
liberty for a maximum 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 Parties.
    Article 2(2) defines an extraditable offense to include 
also an attempt or a conspiracy to commit, or the participation 
in the commission of, 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 
describe the offense by the same terminology; or whether or not 
the offense is one for which United States federal law requires 
the showing of such matters as interstate transportation or use 
of the mails or of other facilities affecting interstate or 
foreign commerce, such matters being merely for the purpose of 
establishing jurisdiction in a United States federal court.
    With regard to offenses committed outside the territory of 
the Requesting State, Article 2(4) provides that an offense 
described in Article 2 shall be an extraditable offense if the 
offense has effects in the territory of the Requesting State, 
or if the laws in the Requested State provide for punishment of 
an offense committed outside its territory in similar 
    Article 3 provides that extradition and surrender shall not 
be refused on the ground that the person sought is a national 
of the Requested Party. Neither Party, 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 
several categories of offenses:
          (a) an attack or willful crime against the physical 
        integrity of the Head of State of one of the Parties, 
        or of a member of the Head of State's family;
          (b) an offense for which both Parties are obliged 
        pursuant to a multilateral international agreement on 
        genocide, acts of terrorism, illicit trafficking in 
        narcotic drugs and psychotropic substances, or other 
        crimes, to extradite the person sought or submit the 
        case to their competent authorities for decision as to 
        prosecution; and
          (c) a conspiracy or attempt to commit the offenses 
        described above, or participation in the commission of 
        such offenses.
    Article 4(3) provides that extradition shall not be granted 
if the competent authority of the Requested State determines 
that the request was politically motivated.
    Article 4(4) provides that the Requested State may 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 cannot be refused on the ground that the 
authorities in the Requested State, after initiating criminal 
proceedings, have decided to discontinue them, so long as the 
Requested State's laws regarding double jeopardy would permit 
the future reinstitution of such criminal proceedings.
    Under Article 6, when an offense for which extradition is 
requested is punishable by death under the laws in the 
Requesting State and is not so punishable under laws in the 
Requested State, the Requested State may refuse extradition 
unless the Requesting State provides assurances that the death 
penalty will not be imposed or, if imposed, will not be carried 
    Article 7 provides that extradition shall not be denied on 
the ground that the prosecution or penalty would be barred 
under the statute of limitations in the Requested State.
    Articles 8-10 address procedures governing the presentation 
and processing of extradition requests. Article 8 describes the 
documents that are required to support a request for 
extradition. Article 9 provides that all documents submitted by 
the Requesting State shall be translated into the language of 
the Requested State. Article 10 establishes the procedures 
under which documents submitted pursuant to Article 8 shall be 
received and admitted into evidence in the Requested State.
    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 
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 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 promptly the Requesting State of its decision on 
extradition and, if the request is denied in whole or in part, 
to provide an explanation of the reasons for the denial of the 
request. If the request is granted, the Parties shall agree on 
the time and place for the surrender of the person sought. Such 
person must be removed from the territory of the Requested 
State within the time prescribed by the law of the Requested 
State, or within thirty days from the time of notification by 
the Requested State of its decision on the request for 
extradition, whichever is longer. 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. This Article also provides 
that if assurances in connection with application of the death 
penalty are required pursuant to Article 6, they shall be 
provided prior to the surrender of the person sought.
    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 to the Requesting State solely 
for the purpose of prosecution. Alternatively, the Requested 
State may postpone the extradition proceedings until the 
domestic prosecution has been concluded and any sentence 
imposed has been served.
    Article 14 sets forth a non-exclusive list of factors to be 
considered by the Requested State in 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 that it will be returned. Article 15(3) imposes an 
obligation to respect the rights of third Parties in affected 
    Article 16 sets forth the rule of speciality. It provides 
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. However, the 
Article sets forth a number of exceptions, including the grant 
of a waiver by the competent authority of the Requested State. 
Similarly, the Requesting State may not extradite the person to 
a third state 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 Requesting State within twenty days of 
being free to do so.
    Article 17 permits surrender to the Requesting State 
without further proceedings if the person sought directly and 
expressly consents.
    Article 18 governs the transit through the territory of one 
Party of a person being surrendered to the other Party 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 bears 
the expenses for the legal representation of the Requesting 
State in any proceedings arising out of a request for 
extradition. The Requesting State shall bear the expenses 
related to the translation of documents and the transportation 
of the person surrendered. Article 19(3) clarifies that neither 
Party shall make any pecuniary claim against the other Party 
related to the arrest, detention, examination, custody, or 
surrender of persons sought under the Treaty.
    Article 20 provides that, for the United States of America, 
the term ``competent authority'' as used in the Treaty means 
the appropriate authorities of its executive branch.
    Article 21 states that the Parties may consult with each 
other directly in connection with the processing of individual 
cases and in furtherance of maintaining and improving the 
procedures for the implementation of the Treaty.
    Article 22, 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 23 contains final clauses dealing with the Treaty's 
ratification, entry into force and termination. Paragraph 1 
states that the Treaty shall be subject to ratification, and 
the instruments of ratification shall be exchanged as soon as 
possible. Paragraph 2 states that the Treaty shall enter into 
force the day after the date of the exchange of instruments of 
ratification. Paragraph 3 provides that, upon entry into force 
of this Treaty, the Treaty on Extradition Between the United 
States of America and the Republic of Argentina, signed at 
Washington January 21, 1972, shall cease to be in force, with 
noted exceptions. Paragraph 4 provides that either Party may 
terminate the Treaty at any time by giving written notice 
through the diplomatic channel to the other Party, 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.
                                               Thomas R. Pickering.