Text - Treaty Document: Senate Consideration of Treaty Document 116-2All Information (Except Treaty Text)

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[Senate Treaty Document 116-2]
[From the U.S. Government Publishing Office]





116th Congress    }                                   {    Treaty Doc.
                                 SENATE
 2d Session       }                                   {         116-2                         
_______________________________________________________________________

                                     

 
            EXTRADITION TREATY WITH THE REPUBLIC OF CROATIA

                               __________

                                MESSAGE

                                  from

                    THE PRESIDENT OF THE UNITED STATES

                              transmitting

 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND 
THE GOVERNMENT OF THE REPUBLIC OF CROATIA COMPRISING THE INSTRUMENT AS 
 CONTEMPLATED BY ARTICLE 3(2) OF THE AGREEMENT ON EXTRADITION BETWEEN 
 THE UNITED STATES OF AMERICA AND THE EUROPEAN UNION, SIGNED JUNE 25, 
  2003, AS TO THE APPLICATION OF THE TREATY ON EXTRADITION SIGNED ON 
OCTOBER 25, 1901 (THE ``U.S.-CROATIA EXTRADITION AGREEMENT''), AND THE 
     AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE 
  GOVERNMENT OF THE REPUBLIC OF CROATIA COMPRISING THE INSTRUMENT AS 
     CONTEMPLATED BY ARTICLE 3(3) OF THE AGREEMENT ON MUTUAL LEGAL 
ASSISTANCE BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN UNION 
SIGNED AT WASHINGTON ON JUNE 25, 2003 (THE ``U.S.-CROATIA MUTUAL LEGAL 
ASSISTANCE AGREEMENT''), BOTH SIGNED AT WASHINGTON ON DECEMBER 10, 2019

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 June 18, 2020.--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 
                               __________

                      U.S. GOVERNMENT PUBLISHING OFFICE
                      
99-118                     WASHINGTON : 2020 
            
            
            
            
            
            
            
            
            
            
            
            
            
                         LETTER OF TRANSMITTAL

                              ----------                              

                                    The White House, June 18, 2020.
To the Senate of the United States:
    With a view to receiving advice and consent of the Senate 
to ratification, I transmit herewith the Agreement between the 
Government of the United States of America and the Government 
of the Republic of Croatia comprising the instrument as 
contemplated by Article 3(2) of the Agreement on Extradition 
between the United States of America and the European Union, 
signed June 25, 2003, as to the Application of the Treaty on 
Extradition signed on October 25, 1901 (the ``U.S.-Croatia 
Extradition Agreement''), and the Agreement between the 
Government of the United States and the Government of the 
Republic of Croatia comprising the Instrument as contemplated 
by Article 3(3) of the Agreement on Mutual Legal Assistance 
between the United States of America and the European Union 
signed at Washington on June 25, 2003 (the ``U.S.-Croatia 
Mutual Legal Assistance Agreement''), both signed at Washington 
on December 10, 2019. I also transmit, for the information of 
the Senate, the report of the Department of State with respect 
to the U.S.-Croatia Extradition and Mutual Legal Assistance 
Agreements. Following Croatia's accession to the European Union 
on July 1, 2013, these two agreements fulfill the requirements, 
in respect of Croatia, for implementing bilateral instruments 
between the United States and each member of the European Union 
contained in the Agreements on Extradition and Mutual Legal 
Assistance between the United States of America and the 
European Union, both of which entered into force on February 1, 
2010.
    The U.S.-Croatia Extradition Agreement modernizes in 
important respects the Treaty between the United States of 
America and the Kingdom of Serbia for the Extradition of 
Fugitives from Justice, signed October 25, 1901 (the ``1901 
Extradition Treaty''), which is currently in force between the 
United States of America and the Republic of Croatia. Most 
significantly, it replaces the outdated list of extraditable 
offenses with the modern ``dual criminality'' approach, thereby 
enabling coverage of newer offenses, such as cyber-related 
crimes, environmental offenses, and money laundering. In 
addition, it includes several provisions updating and 
streamlining procedural requirements for preparing and 
transmitting extradition documents.
    The U.S.-Croatia Mutual Legal Assistance Agreement 
formalizes and strengthens the institutional framework for 
legal assistance between the United States of America and the 
Republic of Croatia in criminal matters. Because the United 
States of America and the Republic of Croatia do not have a 
bilateral mutual legal assistance treaty in force, the U.S.-
Croatia Mutual Legal Assistance Agreement is a partial treaty 
governing only those issues regulated by the U.S.-European 
Union Mutual Legal Assistance Agreement, specifically: 
identification of bank information, joint investigative teams, 
video-conferencing, expedited transmission of requests, 
assistance to administrative authorities, use limitations, 
confidentiality, and grounds for refusal. This approach is 
consistent with that taken with other European Union member 
states (Bulgaria, Denmark, Finland, Malta, Portugal, Slovak 
Republic, and Slovenia) with which the United States does not 
have an existing mutual legal assistance treaty.
    I recommend that the Senate give early and favorable 
consideration to the U.S.-Croatia Extradition Agreement and the 
U.S.-Croatia Mutual Legal Assistance Agreement.

                                                   Donald J. Trump. 
                                                   
                                                   
                                                   
                                                   
                                                   
                                                   
                                                   
                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                      Washington, February 5, 2020.
The President,
The White House.
    Mr. President: I have the honor to submit to you (1) the 
Agreement between the Government of the United States of 
America and the Government of the Republic of Croatia 
comprising the Instrument as contemplated by Article 3(2) of 
the Agreement on Extradition between the United States of 
America and the European Union signed June 25, 2003, as to the 
Application of the Treaty on Extradition signed 25 October 1901 
(``the U.S.-Croatia Extradition Agreement''), and (2) the 
Agreement between the Government of the United States of 
America and the Government of the Republic of Croatia 
comprising the Instrument as contemplated by Article 3(3) of 
the Agreement on Mutual Legal Assistance between the United 
States of America and the European Union signed at Washington 
on June 25, 2003 (``the U.S.-Croatia Mutual Legal Assistance 
Agreement''), both signed at Washington on December 10, 2019.
    The U.S.-Croatia Extradition Agreement specifies the manner 
in which the United States of America and the Republic of 
Croatia will apply the U.S.-EU Extradition Agreement to the 
Treaty between the United States of America and the Kingdom of 
Serbia for the Extradition of Fugitives from Justice, signed 
October 25, 1901 (``the 1901 Extradition Treaty''), which 
applies to the Republic of Croatia as a successor state to the 
former Socialist Federal Republic of Yugoslavia. The provisions 
of the 1901 Extradition Treaty, as modified by application of 
the U.S.-EU Extradition Agreement, are reflected in the annex 
to the U.S.-Croatia Extradition Agreement.
    The U.S.-Croatia Extradition Agreement and the U.S.-Croatia 
Mutual Legal Assistance Agreement fulfill the requirements of 
the Agreements on Extradition and Mutual Legal Assistance 
between the United States of America and the European Union for 
implementing bilateral instruments between the United States 
and each member state of the European Union. Both entered into 
force on February 1, 2010. The article-by-article analyses of 
the two instruments are enclosed with this report. I recommend 
the U.S.-Croatia Extradition Agreement and the U.S.-Croatia 
Mutual Legal Assistance Agreement be transmitted to the Senate 
for its advice and consent to ratification. Both instruments 
are self-executing and will not require implementing 
legislation.
            Sincerely,
                                                 Michael R. Pompeo.
    Enclosures: As stated.






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