EXTRADITION TREATY WITH ARGENTINASenate Consideration of Treaty Document 105-18
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[Senate Treaty Document 105-18] [From the U.S. Government Publishing Office] 105th Congress Treaty Doc. SENATE 1st Session 105-18 _______________________________________________________________________ EXTRADITION TREATY WITH ARGENTINA __________ MESSAGE from THE PRESIDENT OF THE UNITED STATES transmitting EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE ARGENTINE REPUBLIC, SIGNED AT BUENOS AIRES ON JUNE 10, 1997 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 ratification. 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 circumstances. 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 out. 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 property. 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.