TREATIES AND OTHER INTERNATIONAL ACTS SERIES 04-329 

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INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement between the 

UNITED STATES OF AMERICA 

and BANGLADESH 

Signed at Washington August 18, 2003 

 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
BANGLADESH 

International Criminal Court: Article 98 

Agreement signed at Washington August 18, 2003; 

 Entered into force March 29, 2004. 
Agreement between the Government of the United States of

America and the Government of the People's Republic of

Bangladesh Regarding the Surrender of Persons to the

International Criminal Court

The Government of the United States of America and the

Government of the People's Republic of Bangladesh,

hereinafter "the Parties,"

Reaffirming the importance of bringing to justice those who

commit genocide, crimes against humanity and war crimes,

Recalling that the Rome Statute of the International

Criminal Court done at Rome on July 17, 1998 by the United

Nations Diplomatic Conference of Plenipotentiaries on the

Establishment of an International Criminal Court is

intended to complement and not supplant national criminal

jurisdiction,

Considering that the Parties have each expressed their

intention to investigate and to prosecute where appropriate

acts within the jurisdiction of the International Criminal

Court alleged to have been committed by their officials,

employees, military personnel or other nationals,

Bearing in mind Article 98 of the Rome Statute,

Hereby agree as follows:

1. For purposes of this agreement, "persons" are current or

former Government officials, employees (including

contractors), or military personnel or nationals of one

Party.

2. Persons of one Party present in the territory of the

other shall not, absent the express consent of the first

Party,

(a) be surrendered or transferred by any means to the

International Criminal Court for any purpose, or

(b) be surrendered or transferred by any means to any

other entity or third country, or expelled to a third

country, for the purpose of surrender to or transfer to

the International Criminal Court.
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3. When the Government of the United States of America

extradites, surrenders, or otherwise transfers a person of

the People's Republic of Bangladesh to a third country, the

Government of the United States of America will not agree

to the surrender or transfer of that person to the

International Criminal Court by the third country, absent

the express consent of the Government of the People's

Republic of Bangladesh.

4. When the Government of the People's Republic of

Bangladesh extradites, surrenders, or otherwise transfers a

person of the United States of America to a third country,

the Government of the People's Republic of Bangladesh will

not agree to the surrender or transfer of that person to

the International Criminal Court by a third country, absent

the express consent of the Government of the United States

of America.

5. This Agreement shall enter into force upon an exchange

of notes confirming that each Party has completed the

necessary domestic legal requirements to bring the

Agreement into force. It will remain in force until one

year after the date on which one Party notifies the other

of its intent to terminate this Agreement. The provisions

of this Agreement shall continue to apply with respect to

any act occurring, or any allegation arising, before the

effective date of termination.

Done at Washington this eighteenth day of August, 2003, in

duplicate, in English.

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF

THE UNITED STATES OF THE PEOPLE'S REPUBLIC OF

AMERICA: BANGLADESH: