TREATIES AND OTHER INTERNATIONAL ACTS SERIES 04-303 

________________________________________________________________________ 

INTERNATIONAL CRIMINAL COURT 

Article 98 

 Agreement between the 

UNITED STATES OF AMERICA 

and BRUNEI 

Effected by Exchange of Notes at Bandar Seri Begawan 

 February 3 and March 3, 2004 

 
 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.” 
BRUNEI 

International Criminal Court: Article 98 

 Agreement effected by exchange of notes at Bandar Seri Begawan 

 February 3 and March 3, 2004; 

 Entered into force March 3, 2004. 
Note No. 04-09

The Embassy of the United States of America presents

its compliments to the Ministry of Foreign Affairs of

Brunei and refers to discussions between representatives of

the Government of the United States of America and the

Government of Brunei regarding the surrender of persons to

international tribunals.

Reaffirming the importance of bringing to justice

those who commit genocide, crimes against humanity and war

crimes,

Considering that the Government of the United States

of America and the Government of Brunei have each expressed

their intention to, where appropriate, investigate and

prosecute war crimes, crimes against humanity, and genocide

alleged to have been committed by their respective

officials, employees, military personnel, and nationals,

DIPLOMATIC NOTE
The Embassy proposes the following agreement:

1. For the purposes of this Agreement, "persons" of

either Party include all nationals of that Party and, for

the Government of the United States of America, also

include current and former non-U.S. national U.S. military

personnel with respect to acts or omissions allegedly

committed or occurring while they are or were U.S. military

personnel.

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

any international tribunal for any purpose,

unless otherwise obligated to do so by an

• international agreement to which both the United

States of America and Brunei are parties, 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 any international tribunal;

unless otherwise obligated to do so by an

international agreement to which both the United

States of America and Brunei are parties.

3. When the Government of the United States of

America extradites, surrenders, or otherwise transfers a

person of Brunei to a third country, the Government of the

United States of America will not agree to the surrender or

transfer of that person by the third country to any

international tribunal, unless otherwise obligated to do so

by an international agreement to which both the United

States of America and Brunei are parties, absent the

express consent of the Government of Brunei.

4. When the Government of Brunei extradites,

surrender, or otherwise transfers a person of the United

States of America to a third country, the Government of

Brunei will not agree to the surrender or transfer of that

person by the third country to any international tribunal,
unless otherwise obligated to do so by an international

agreement to which both the United States of America and

Brunei are parties, absent the express consent of the

Government of the United States of America.

5. Each Party agrees, subject to its international

legal obligations, not to knowingly facilitate, consent to,

or cooperate with efforts by any third party or country to

effect the extradition, surrender, or transfer of a person

of the other Party to any international tribunal, unless

otherwise obligated to do so by an international agreement

to which both the United States of America and Brunei are

parties.

6. This Agreement may be amended upon written

agreement of the Parties.

7. This Agreement shall remain in force until one

year after the date on which one party notifies the other

of its intent to terminate the 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.
If the proposal set forth herein is acceptable to the

Government of Brunei, this note and the Ministry's

affirmative note in reply shall constitute an agreement

between our two Governments which shall enter into force on

the date of the Ministry's note.

The Embassy of the United States of America avails

itself of this opportunity to renew to the Ministry of

Foreign.Affairs of Brunei the assurances of its highest

consideration.

Embassy of the United States of America,

Bandar Seri Begawan, February 3, 2004.
The Ministry of Foreign Affairs of Brunei Darussalam presents its compliments to

the Embassy of the United States of America in Bandar Seri Begawan and has

the honour to refer to the Embassy's Note 04-09 dated 3 February 2004

proposing an agreement on the surrender of persons to international tribunals

between the two Government of Brunei Darussalam and the Government of the

United States of America, as follows: -

"Reaffirming the importance of bringing to justice those who commit

genocide, crimes against humanity and war crimes,

Considering that the Government of the United States of America and the

Government of Brunei Darussalam have each expressed their intention to, where

appropriate, investigate and prosecute war crimes, crimes against humanity and

genocide alleged to have been committed by their respective officials,

employees, military personnel, and nationals,

The Embassy proposes the following agreement:

1. For the purposes of this Agreement, 'persons" of either Party

include all nationals of that Party and, for the Government of the United States,

also include current and former non-U.S. national U.S. military personnel with

respect to acts or omissions allegedly committed or occurring while they are or

were U.S. military personnel.

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 any international

tribunal for any purpose, unless otherwise obligated to do so by an

international agreement to which both the United States of America and

Brunei Darussalam are parties, 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 any international tribunal, unless otherwise obligated to do
so by an international agreement to which both the United States of

America and Brunei Darussalam are parties.

3. When the. Government of the United States of America extradites,

surrenders, or otherwise transfers a person of Brunei Darussalam to a third

country, the Government of the United States of America will not agree to the

surrender or transfer of that person by the third country to any international

tribunal, unless otherwise obligated to do so by an international agreement to

which both the United States of America and Brunei Darussalam are parties,

absent the express consent of the Govemment of Brunei Darussalam.

4. When the Government of Brunei Darussalam extradites,

surrenders, or otherwise transfers a person of the United States of America to a

third country, the Government of Brunei Darussalam will not agree to the

surrender or transfer of that person by the third country to any international

tribunal, unless otherwise obligated to do so by an international agreement to

which both the United States. of America and, Brunei Danissalam are parties,

absent the express consent of the Government of the UnitedStates of America. -

5. Each. Party agrees; subject, to its international legal obligations, not

to knowingly facilitate, consent to, or cooperate with efforts by any third party or

country to effect the extradition, surrender, or transfer of a person of the other

Party to any international tribunal, unless otherwise obligated to do so by an

international agreement to which both the United States of America and Brunei

are parties.

6. This Agreement may be amended upon written agreement of the

Parties.

7. This Agreement shall remain in force until one year after the date

on which one Party notifies the other of its intent to terminate the 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.

If the proposal set forth herein is acceptable to the Government of Brunei,

this note and the Ministry's affirmative note in reply shall constitute an agreement
between our two Governments which shall enter into force on the date of the

Ministry's note."

The Ministry has the further honour to convey that the Government of His

Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam is agreeable to

the said proposal and the Embassy's Note together with this Note in reply shall

constitute an agreement between the two Governments, which shall enter into

force on the date of this Note.

The Ministry of Foreign Affairs of Brunei Darussalam avails itself of this

opportunity to renew to the Embassy of the United States of America in Bandar

Seri Begawan the assurances of its highest consideration.

Embassy of the United States of America

Bandar Seri Begawan -

Ref: JPK 69/2004

Date: 3 March 2004