TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13060 

________________________________________________________________________ 

EXTRADITION 

 Treaty Between the 

UNITED STATES OF AMERICA 

and SOUTH AFRICA 

Signed at Washington September 16, 1999 

 
 

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.” 
 

 SOUTH AFRICA 

 Extradition 

Treaty signed at Washington September 16, 1999; 

Transmitted by the President of the United States of America 

 to the Senate May 18, 2000 (Treaty Doc. 106-24, 

 106th Congress, 2d Session); 

Reported favorably by the Senate Committee on Foreign Relations 

 September 27, 2000 (Senate Executive Report No. 106-26, 

 106th Congress, 2d Session); 

Advice and consent to ratification by the Senate 

 October 18, 2000; 

Ratified by the President December 23, 2000; 

Ratified by South Africa March 28, 2001; 

Ratifications exchanged at Pretoria June 25, 2001; 

Entered into force June 25, 2001. 
EXTRADITION TREATY

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA
TABLE OF CONTENTS

Article 1	Obligation to Extradite

Article 2	Extraditable Offences

Article 3	Nationality

Article 4	Political and Military Offences

Article 5	Capital Punishment

Article 6	Non Bis in Idem

Article 7	Temporary and Deferred Surrender

Article 8	Lapse of Time

Article 9	Extradition Procedures and Required Documents

Article 10	Admissibility of Documents

Article 11	Translation

Article 12	Additional Information

Article 13	Provisional Arrest

Article 14	Decision and Surrender

Article 15	Concurrent Requests

Article 16	Seizure and Surrender of Property

Article 17	Rule of Specialty

Article 18	Surrender to a Third State or an International Tribunal

Article 19	Waiver

Article 20 Transit

Article 21	Representation and Expenses

Article 22	Consultation

Article 23	Application

Article 24	Ratification, Entry into Force, and Termination

Annex
The Government of the United States of America and the Government of the

Republic of South Africa;

Recalling the Treaty Relating to the Reciprocal Extradition of Criminals, signed at

Washington December 18, 1947,

Noting that both the Government of the United States of America and the

Government of the Republic of South Africa currently apply the terms of that Treaty, and

Desiring to provide for more effective cooperation between the two States in the fight

against crime, and, for that purpose, to conclude a new treaty for the extradition of

offenders;

Hereby agree as follows:
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Article 1

Obligation to Extradite

The Parties agree to extradite to each other, pursuant to the provisions of this

Treaty, persons whom the authorities in the Requesting State have charged with or

convicted of an extraditable offence.

Article 2

Extraditable Offences

1. An offence shall be an extraditable offence if it is punishable under the laws

in both States by deprivation of liberty for a period of at least one year or by a more severe

penalty.

2.	An offence shall also be an extraditable offence if it consists of attempting or

conspiring to commit, or aiding, abetting, inducing, counseling or procuring the commission

of, or being an accessory before or after the fact to, any offence described in sub-article 1.

3.	For the purposes of this Article, an offence shall be an extraditable offence

whether or not the:

(a) laws in the Requesting and Requested States place the offence within

the same category of offences or describe the offence by the same

terminology; or

(b) offence 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.

4.	If an offence has been committed outside the territory of the Requesting

State, extradition shall be granted where the laws in the Requested State provide for the

punishment of an offence committed outside its territory in similar circumstances. Where
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the laws in the Requested State do not so provide, the executive authority of the Requested

State may, in its discretion, grant extradition.

5. Extradition shall also be granted in respect of a person convicted of but not

yet sentenced, or convicted of and sentenced for an offence as contemplated in this Article,

for the purpose of sentence, or for enforcing such sentence or the remaining portion thereof,

as the case may be.

6. Where extradition of a person is sought for an offence against a law relating

to taxation, customs duties, exchange control, or other revenue matters, extradition may not

be refused on the ground that the law of the Requested State does not impose the same kind

of tax or duty or does not contain a tax, customs duty, or exchange regulation of the same

kind as the law of the Requesting State.

7. If the request for extradition relates to more than one offence and extradition

is granted for an extraditable offence, it shall also be granted for any other offence specified

in the request even if the latter offence is punishable by one year's deprivation of liberty or

less, provided that all other requirements for extradition are met.

Article 3

Nationality

Extradition shall not be refused on the ground of the nationality of the person sought.

Article 4

Political and Military Offences

1.	Extradition shall not be granted if the offence for which extradition is

requested is a political offence.
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2.	For the purposes of this Treaty, the following offences shall not be considered

political offences:

(a)	a murder or other violent crime against a Head of State or Deputy

Head of State of the Requesting or Requested State, or of or against a

member of such person's family; 

an offence for which both the Requesting and Requested States have

the obligation pursuant to a multilateral international agreement to

extradite the person sought or to submit the case to their respective

competent authorities for decision as to prosecution;

murder;

an offence involving kidnapping, abduction, or any form of unlawful

detention, including the taking of a hostage; and

(e) attempting or conspiring to commit, aiding, abetting, inducing,

counseling or procuring the commission of, or being an accessory

before or after the fact to such offences.

3. Notwithstanding the terms of sub-article 2, extradition shall not be granted if

the executive authority of the Requested State determines that there are substantial grounds

for believing that the request has been made for the purpose of prosecuting or punishing a

person on account of that person's gender, race, religion, nationality, or political opinion.

4.	The executive authority of the Requested State shall refuse extradition for

offences under military law that are not offences under ordinary criminal law.

Article 5

Capital Punishment

1.	When the offence for which extradition is sought is punishable by death

under the laws in the Requesting State, and is not punishable by death under the 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.

(b)

(c)

(d)
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2. In instances in which a Requesting State provides an assurance in

accordance with this Article, the death penalty, if imposed by the courts of the Requesting

State, shall not be carried out.

Article 6

Non Bis in Idem

1. Extradition shall not be granted when the person sought has been convicted

or acquitted in the Requested State of the offence for which extradition is requested.

2. Extradition shall not be precluded by the fact that the competent authorities

of the Requested State have decided either:

(a) not to prosecute the person sought for the acts or omissions for which

extradition is requested;

(b) to discontinue any criminal proceedings which have been instituted

against the person sought for those acts or omissions, provided that

such discontinuance does not have the effect of acquittal: or

(c) to investigate the person sought for the same acts or omissions.

Article 7

Temporary and Deferred Surrender

1. The Requested State may postpone the extradition proceedings against a

person who is being prosecuted or who is serving a sentence in that State until such

prosecution has been concluded or any such sentence has been served.

2. If the extradition request is granted in the case of a person who is being

prosecuted or is serving a sentence in the Requested State, that State may temporarily

surrender the person sought to the Requesting State for the purpose of prosecution. The

person so surrendered shall be kept in custody in the Requesting State and shall be

returned to the Requested State after the conclusion of the proceedings against that
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person, in accordance with conditions to be determined by mutual agreement between the

Requesting and Requested States.

Article 8

Lapse of Time

Extradition shall not be granted when the prosecution has become barred by lapse of

time according to the laws in the Requesting State.

Article 9

Extradition Procedures and Required Documents

1. All requests for extradition shall be made in writing and shall be submitted

through the diplomatic channel.

2. All requests shall be supported by:

(a) information describing the facts of the offence(s) and the procedural

history of the case;

(b) a statement or text of the law, if any, creating or relating to the

offence(s) for which the extradition is requested;

(c) a statement or text of the relevant law prescribing maximum

punishment for the offence(s);

(d) a statement or text of the law relating to lapse of time which shall be

conclusive;

(e) as accurate a description as possible of the person sought together

with any other information which may help to establish that person's

identity or nationality and probable location; and

(f) the documents, statements, or other information specified in

sub-article 3 or 4, as the case may be.
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3.	In addition to the information, statements or documents referred to in

sub-article 2, a request for extradition of a person who is sought for prosecution shall also

be supported by:

(a) a copy of the warrant or order of arrest, if any, issued by a judge or

other competent authority;

(b) a copy of the indictment, charge sheet, or other charging document;

and

(c) such information as would justify committal for extradition under the

laws of the Requested State, but neither State is required to establish a

prima facie case.

4.	In addition to the information, statements or documents referred to in subarticle 2, a request relating to a person who has been convicted of the offence for which

extradition is sought shall also be supported by:

(a) a copy of the judgment of conviction, or, if a copy is not available, a

statement by a judicial officer or other competent authority that the

person has been convicted or a copy of any record of conviction that

reflects the charge and the conviction;

(b) information establishing that the person sought is the person to whom

the finding of guilt refers;

(c) a copy of the sentence imposed, if the person sought has been

sentenced, and a statement establishing to what extent the sentence

has been carried out; and

(d) in the case of a person who has been convicted in absentia, the

documents required by sub-article 3.

Article 10

Admissibility of Documents

Any document referred to in Article 9 shall be received in evidence in any

proceedings for extradition if:
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1.	In the case of a request from the United States, such document is:

(a) accompanied by a certificate according to the example set out in the

Annex to this Treaty; or

(b) authenticated by the signature and seal of office of:

(i) the head of a South African diplomatic or consular mission or

a person in the administrative or professional division of the

public service serving at a South African diplomatic, consular,

or trade office in the United States of America or a South

African foreign service officer grade VII or an honorary South

African consul general, vice-consul or trade commissioner; or

(ii) any government authority of the United States of America

charged with the authentication of documents in terms of its

domestic law; or

(iii) any notary public or other person in the United States of

America who shall be shown by a certificate of any person

referred to in subparagraphs (i) or (ii) or of any diplomatic or

consular officer of the United States of America in the Republic

of South Africa to be duly authorized to authenticate such

document in terms of the domestic law of the United States of

America

2. In the case of a request from the Republic of South Africa, such document is

certified by the principal diplomatic or principal consular officer of the United States

resident in the Republic of South Africa, as provided by the extradition laws of the

United States; or

3. Such document is certified or authenticated in any other manner acceptable

by the laws in the Requested State.
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Article 11

Translation

Any document produced in relation to extradition proceedings in terms of this

Treaty which is not in English shall be accompanied by a translation in English.

Article 12

Additional Information

1. If the executive authority of the Requested State considers that the

information furnished in support of the request for extradition is not sufficient to enable the

request for extradition to be granted, it shall notify the Requesting State in order to enable

that State to furnish additional information.

2. The executive authority may fix a reasonable time limit for such information

to be furnished.

3. Nothing shall prevent the executive authority of the Requested State from

presenting to a court of that State information sought or obtained after submission of the

request to the Court or after expiration of the time stipulated pursuant to sub-article 2.

Article 13

Provisional Arrest

1.	In case of urgency, the Requesting State may, for the purpose of extradition,

request the provisional arrest of the person sought pending presentation of the documents

in support of the extradition request. A request for provisional arrest may be transmitted

through the diplomatic channel or directly between the United States Department of Justice

and the Republic of South Africa Department of Justice. The facilities of the International

Criminal Police Organization (INTERPOL) also may be used to transmit such a request.

The application may also be transmitted by post, telegraph, telefax, or any other means

affording a record in writing.
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2.	The application for provisional arrest shall contain:

(a) a description of the person sought;

(b) the location of the person sought, if known;

(c) a description of the offence(s);

(d) a concise statement of the acts or omissions alleged to constitute the

offence(s);

(e) a description of the punishment that can be imposed or has been

imposed for the offence(s);

(f) a statement that a document referred to in Article 9(3)(a) or Article

9(4)(a), as the case may be, exists; and

(g) a statement that the documents supporting the extradition request for

the person sought will follow within the time specified in this Treaty.

3.	Prompt attention shall be given to such application and the Requesting State

shall be notified as soon as possible of the decision regarding its application for provisional

arrest and, if applicable, the reasons for any inability to proceed with the application.

4.	A person who is provisionally arrested may be discharged from custody upon

the expiration of sixty (60) days from the date of provisional arrest pursuant to this Treaty if

the executive authority of the Requested State has not received the documents required in

Article 9. For this purpose, receipt of said documents by the Embassy of the Requested

State in the Requesting State shall constitute receipt by the executive authority of the

Requested State.

5.	The release from custody of a person pursuant to sub-article 4 shall not

prejudice the subsequent re-arrest and extradition of that person if the documents required

in Article 9 are delivered at a later date.
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Article 14

Decision and Surrender

1. The Requested State shall promptly notify the Requesting State of its decision

on the request for extradition.

2. Reasons shall be given by the Requested State for any complete or partial

refusal of a request for extradition. The Requested State shall provide copies of pertinent

judicial decisions upon request.

3. If the request for extradition is granted, the relevant authorities of the

Requesting and Requested States shall agree on the date and place for the surrender of the

person sought.

4. If the person sought is not removed from the territory of the Requested State

within the time period prescribed by the law of that State, that person may be discharged

from custody, and the Requested State, in its discretion, may subsequently refuse

extradition for the same offence.

5. If circumstances beyond its control prevent either the Requesting State or the

Requested State from respectively surrendering or receiving the person sought, the State so

prevented shall notify the other accordingly and seek to agree on a new date for such

surrender.

Article 15

Concurrent Requests

1.	Where requests are received from two or more States for the extradition of

the same person, either for the same offence or for different offences, the executive authority

of the Requested State shall determine to which of those States, if any, the person is to be

extradited and shall notify the Requesting State of its decision.
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2.	In determining to which State the person is to be extradited, the Requested

State shall consider all relevant factors, including but not limited to:

(a) whether the requests were made pursuant to an extradition treaty;

(b) the relative seriousness of the offences, should those requests relate to

different offences;

(c) the time and place of commission of each offence;

(d) the respective dates on which the requests were received from the

respective States;

(e) the interests of the respective States;

(f)	the nationality of the victim; and

(g)	the possibility of any subsequent extradition between the respective

States.

Article 16

Seizure and Surrender of Property

1. To the extent permitted under its law, the Requested State may seize and

surrender to the Requesting State all property, including articles and documents, that may

be found in the Requested State and that has been acquired as a result of the offence or is

connected thereto or may be required as evidence, if extradition is granted.

2. The property referred to in sub-article 1 may be surrendered to the

Requesting State, if the latter so requests, even if the extradition cannot be carried out due

to the death, disappearance, or escape of the person sought.

3. Where the said property is liable to seizure or confiscation within the

jurisdiction of the Requested State, the latter may, upon satisfactory assurances from the

Requesting State that the property will be returned within a fixed period of time or as soon

as practicable, temporarily surrender that property to the Requesting State. The Requested

State may also defer the surrender of such property if it is required in connection with

pending criminal proceedings in the jurisdiction of the Requested State.
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4.	Any rights which the Requested State or third parties may have to such

property shall be duly respected in accordance with the law in the Requested State.

Article 17

Rule of Specialty

1.	A person extradited under this Treaty shall not be detained, tried, or

punished in the Requesting State for any offence committed before his or her extradition

other than an offence:

(a) for which extradition was granted or any other extraditable offence of

which the person could be convicted upon proof of the facts upon

which the request for extradition was granted, or is a lesser included

offence;

(b) for which the executive authority of the Requested State consents to

the person's detention, trial, or punishment. For the purpose of this

paragraph:

(i) the Requested State may require the submission of the

documentation referred to in Article 9; and

(ii) the person extradited may be detained by the Requesting State

for sixty (60) days, or for such longer period of time as the

Requested State may authorize, pending the processing of the

request.

	2.	Sub-article 1 of this Article shall not apply if:

(a) the person extradited leaves the territory of the Requesting State

after extradition and voluntarily returns to it; or

(b) the person extradited has had an opportunity to leave the territory of

the Requesting State and has not done so within fifteen (15) days of

final discharge in respect of the offence for which that person was

extradited.
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Article 18

Surrender to a Third State or an International Tribunal

1.	Where a person has been surrendered to the Requesting State by the

Requested State, the Requesting State shall not surrender that person to any third State or

an international tribunal for an offence committed before that person's surrender unless:

(a) the Requested State consents to that surrender; or

(b) the person has had an opportunity to leave the territory of the

Requesting State and has not done so within fifteen (15) days of final

discharge in respect of the offence for which that person was

surrendered by the Requested State or has returned to the territory of

the Requesting State after leaving it.

2.	Before acceding to a request pursuant to sub-article 1, the Requested State

may request relevant information.

Article 19

Waiver

If the person sought consents to be surrendered to the Requesting State, the

Requested State may surrender the person as expeditiously as possible without further

proceedings.

Article 20

Transit

1. Either State may authorize transportation through its territory of a person

surrendered to the other State by a third State.

2. A request for transit shall be transmitted through the diplomatic channel or

directly between the United States Department of Justice and the Department of Justice of
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the Republic of South Africa. In cases of urgency, the facilities of the International

Criminal Police Organization (INTERPOL) may also be used to transmit such a request

3.	The request for transit shall contain:

(a) a description of the person together with any information that may

help to establish his or her identity and nationality; and

(b) a brief statement of the facts of the case, and a list of the offences for

which the person was surrendered by the third State.

4.	Permission for the transit of a person shall, subject to the law of the

Requested State, include permission for the person to be held in custody during transit. If

transportation is not continued within a reasonable time, the executive authority of the State

in whose territory the person is being held may direct that the person be released.

5.	Authorization is not required when air transportation is used by one State

and no landing is scheduled on the territory of the other State. If an unscheduled landing

does occur, the State in whose territory such landing occurs may require a request for

transit pursuant to sub-article 2, and it may detain the person until the request for transit is

received and the transit is effected, provided that such request is received within 96 hours of

the unscheduled landing.

Article 21

Representation and Expenses

1. The Requested State shall make all necessary arrangements for and meet the

cost of any proceedings arising out of a request for extradition and shall advise, assist,

appear in court on behalf of, and otherwise represent the interests of the Requesting State.

2. The Requested State shall bear the expenses incurred in its territory or

jurisdiction in the arrest and detention of the person whose extradition is sought until that

person is surrendered to a person nominated by the Requesting State.
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3. The Requesting State shall pay all the expenses incurred in the translation of

extradition documents and in conveying the person from the territory of the Requested

State.

4. Neither State shall make any pecuniary claim against the other State arising

out of the arrest, detention, examination, or surrender of persons under this Treaty.

Article 22

Consultation

The United States Department of Justice and the Department of Justice of the

Republic of South Africa or persons designated by the respective Departments of Justice

may consult with each other directly or through the facilities of the International Criminal

Police Organization (INTERPOL) in connection with the processing of individual cases and

in furtherance of efficient implementation of this Treaty.

Article 23

Application

This Treaty shall apply to any offence contemplated in Article 2, whether committed

before, on, or after the date upon which this Treaty enters into force. Nothing in this treaty

shall be deemed to require or authorize any action by the Requested State that is contrary

to the constitution of that State.

Article 24

Ratification, Entry into Force, and Termination

1.	This Treaty shall be subject to ratification, and the instruments of ratification

shall be exchanged as soon as possible.
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2. This Treaty shall enter into force upon the exchange of the instruments of

ratification.

3. Upon the entry into force of this Treaty, the Treaty Relating to the Reciprocal

Extradition of Criminals, signed at Washington December 18, 1947, shall cease to have any

effect. Nevertheless, the prior Treaty shall apply to any extradition proceedings in which

the extradition documents have already been submitted to the courts of the Requested State

at the time this Treaty enters into force, except that Article 19 of this Treaty shall be

applicable to such proceedings. Articles 17 and 18 of this Treaty shall apply to persons

found extraditable under the prior Treaty.

4. Either State may terminate this Treaty at any time by giving written notice to

the other State, and the termination shall be effective six months after the date of such

notice.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their

respective Governments, have signed this Treaty.

DONE at Washington in duplicate, this sixteenth day of September, 1999.

FOR THE GOVERNMENT OF THE	FOR THE GOVERNMENT OF

UNITED STATES OF AMERICA:	THE REPUBLIC OF SOUTH AFRICA:
ANNEX

APPOSTILLE

(Convention de la Haye du 5 Octobre 1961)

1. Country

This public document

	

2.

3.

4.

has been signed by

acting in the capacity of

bears the seal/stamp of

	

	

	

Certified

5. at

6. the (date)	

7. by	

8. No. 	

9. Seal/stamp:	10. Signature: