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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12805

EXTRADITION

Treaty Between the 

UNITED STATES OF AMERICA

and SAINT KITTS AND NEVIS

Signed at Basseterre September 18, 1996
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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.’’

For sale by the Superintendent of Documents, U.S. Government Printing Office, 

Washington, D.C. 20402
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(1) TIAS 12805

SAINT KITTS AND NEVIS 

Extradition 

Treaty signed at Basseterre September 18, 1996; 

Transmitted by the President of the United States of America to the 

Senate July 30, 1997 (Treaty Doc. 105-19, 105th Cong., 1st Sess.); 

Reported favorably by the Senate Committee on Foreign Relations 

October 14, 1998 (S. Ex. Rept. No. 105-23, 105th Cong., 2d Sess.); 

Advice and consent to ratification by the Senate October 21, 1998; 

Ratified by the President January 20, 1999; 

Ratified by Saint Kitts and Nevis January 19, 2000; 

Ratifications exchanged at Washington February 23, 2000; 

Entered into force February 23, 2000.
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1TIAS 8468; 28 UST 227. 

EXTRADITION TREATY

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF SAINT KITTS AND NEVIS

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

Saint Kitts and Nevis, 

Recalling the Extradition Treaty between the Government of the United 

States of America and the Government of the United Kingdom of Great Britain 

and Northern Ireland, signed at London June 8, 1972,1

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

Government of Saint Kitts and Nevis currently apply the terms of that Treaty, 

and 

Desiring to provide for more effective cooperation between the two States 

in the suppression of crime, and, for that purpose, to conclude a new treaty for 

the extradition of accused or convicted offenders, 

Have agreed as follows:

Article 1

Obligation to Extradite 

The Contracting States agree to extradite to each other, pursuant to the 

provisions of this Treaty, persons sought for prosecution or persons who have 

been convicted of an extraditable offense by the authorities in the Requesting 

State.

Article 2

Extraditable Offenses 

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

laws in both Contracting States by deprivation of liberty for a period of more 

than one year or by a more severe penalty.
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2. An offense shall also be an extraditable offense if it consists of an 

attempt or a conspiracy to commit, aiding or abetting, counselling or procuring 

the commission of, or being an accessory before or after the fact to, any offense 

described in paragraph 1. 

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

offense: 

(a) 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 

(b) 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. 

4. Where the offense was committed outside of the territory of the 

Requesting State, if the laws in the Requested State: 

(a) provide for punishment of an offense committed outside of its 

territory in similar circumstances, extradition shall be granted in 

accordance with this treaty; or 

(b) do not provide for punishment of an offense committed outside of 

its territory in similar circumstances, extradition may nonetheless 

be granted in the discretion of the executive authority of the 

Requested State, provided that all other requirements of this Treaty 

are met. 

5. If extradition has been granted for an extraditable offense, it may also 

be granted for any other offense specified in the request even if the latter offense 

is punishable by less than one year’s deprivation of liberty, provided that all 

other requirements for extradition are met.

Article 3

Nationality 

If all conditions in this Treaty relating to extradition are met, extradition 

shall not be refused based on the nationality of the person sought.
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Article 4

Political and Military Offenses 

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

requested is a political offense. 

2. For the purposes of this Treaty, the following offenses shall not be 

considered to be political offenses: 

(a) a murder or other violent crime against the person of a Head of 

State of one of the Contracting States, or of a member of the Head 

of State’s family; 

(b) an offense for which both Contracting States have the obligation 

pursuant to a multilateral international agreement to extradite the 

person sought or to submit the case to their competent authorities 

for decision as to prosecution; and 

(c) a conspiracy or attempt to commit any of the foregoing offenses, 

or aiding or abetting a person who commits or attempts to commit 

such offenses. 

3. Notwithstanding the terms of paragraph 2 of this Article, extradition 

shall not be granted if the executive authority of the Requested State determines 

that the request was politically motivated. 

4. The executive authority of the Requested State may refuse extradition 

for offenses under military law which are not offenses under ordinary criminal 

law.

Article 5

Prior Prosecution 

1. Extradition shall not be granted when the person sought has been convicted or acquitted in the Requested State for the offense for which extradition 

is requested. 

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

Requested State have decided not to prosecute the person sought for the acts for 

which extradition is requested, or to discontinue any criminal proceedings which 

have been instituted against the person sought for those acts.
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Article 6

Extradition Procedures and Required Documents 

1. All requests for extradition shall be submitted through the diplomatic 

channel. 

2. All requests shall be supported by: 

(a) documents, statements, or other types of information which 

describe the identity, and probable location of the person sought; 

(b) information describing the facts of the offense and the procedural 

history of the case; 

(c) information as to: 

(i) the provisions of the laws describing the essential elements 

of the offense for which extradition is requested; 

(ii) the provisions of the law describing the punishment for the 

offense; and 

(iii) the provisions of law describing any time limit on the 

prosecution; and 

(d) the documents, statements, or other types of information specified 

in paragraph 3 or paragraph 4 of this Article, as applicable. 

3. 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 of the Requesting State; 

(b) a document setting forth the charges; and 

(c) such information as would provide a reasonable basis to believe 

that the person sought committed the offense for which extradition 

is requested. 

4. A request for extradition relating to a person who has been convicted 

of the offense for which extradition is sought shall also be supported by: 

(a) a copy of the judgment of conviction or, if such copy is not available, a statement by a judicial authority that the person has been 

convicted; 

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

whom the conviction refers; 
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(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 paragraph 3.

Article 7

Admissibility of Documents 

The documents which accompany an extradition request shall be received 

and admitted as evidence in extradition proceedings if: 

(a) in the case of a request from the United States, they are authenticated by an officer of the United States Department of State and 

are certified by the principal diplomatic or consular officer of 

Saint Kitts and Nevis resident in the United States; 

(b) in the case of a request from Saint Kitts and Nevis, they are certified by the principal diplomatic or consular officer of the United 

States resident in Saint Kitts and Nevis, as provided by the extradition laws of the United States; or 

(c) they are certified or authenticated in any other manner accepted 

by the law of the Requested State.

Article 8

Lapse of Time 

Extradition shall not be denied because of the prescriptive laws of either the 

Requesting State or the Requested State.
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Article 9

Provisional Arrest 

1. In case of urgency, a Contracting State may initiate the process of 

extradition by requesting the provisional arrest of the person sought. A request 

for provisional arrest may be transmitted through the diplomatic channel or 

directly between the United States Department of Justice and the Attorney General in Saint Kitts and Nevis. Such a request may also be transmitted through 

the facilities of the International Criminal Police Organization (INTERPOL), or 

through such other means as may be settled by arrangement between the Contracting States. 

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 brief statement of the facts of the case, including, if possible, 

the time and location of the offense; 

(d) a description of the laws violated; 

(e) a statement of the existence of a warrant of arrest or a finding of 

guilt or judgment of conviction against the person sought; and 

(f) a statement that a request for extradition for the person sought will 

follow. 

3. The Requesting State shall be notified without delay of the disposition 

of its application and the reasons for any denial. 

4. Provisional arrest shall be terminated if, within a period of 45 days after 

the apprehension of the person sought, the Requested State has not received the 

request for extradition and the documents mentioned in Article 6. This period 

may be extended, upon the Requesting State’s application, for up to an additional 

15 days after the apprehension of the person sought. 

5. The fact that the person sought has been discharged from custody 

pursuant to paragraph 4 of this Article shall not prejudice the subsequent rearrest 

and extradition of that person if the extradition request and supporting documents 

are delivered at a later date.
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Article 10

Decision and Surrender 

1. The Requested State shall promptly notify the Requesting State through 

the diplomatic channel of its decision on the request for extradition. 

2. If the request is denied in whole or in part, the Requested State shall 

provide an explanation of the reasons for the denial. The Requested State shall 

provide copies of pertinent judicial decisions upon request. 

3. If the request for extradition is granted, the authorities of the Contracting States shall agree on the time 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 prescribed by the law of that State, that person may be 

discharged from custody, and the Requested State may subsequently refuse extradition for the same offense.

Article 11

Temporary and Deferred Surrender 

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

proceeded against or is serving a sentence in the Requested State, the Requested 

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 person, in accordance with conditions 

to be determined by mutual agreement of the Contracting States. 

2. The Requested State may postpone the extradition proceedings against 

a person who is being prosecuted or who is serving a sentence in that State. The 

postponement may continue until the prosecution of the person sought has been 

concluded or until such person has served any sentence imposed.
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Article 12

Requests for Extradition Made by Several States 

If the Requested State receives requests from the other Contracting State 

and from any other State or States for the extradition of the same person, either 

for the same offense or for different offenses, the executive authority of the 

Requested State shall determine to which State it will surrender the person. In 

making its decision, the Requested State shall consider all relevant factors, 

including but not limited to: 

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

(b) the place where each offense was committed; 

(c) the respective interests of the Requesting States; 

(d) the gravity of the offenses; 

(e) the nationality of the victim; 

(f) the possibility of further extradition between the Requesting 

States; and 

(g) the chronological order in which the requests were received from 

the Requesting States.

Article 13

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 articles, documents, and evidence connected with the offense in respect of which extradition is granted. The items 

mentioned in this Article may be surrendered even when the extradition cannot 

be effected due to the death, disappearance, or escape of the person sought. 

2. The Requested State may condition the surrender of the property upon 

satisfactory assurances from the Requesting State that the property will be 

returned to the Requested State as soon as practicable. The Requested State may 

also defer the surrender of such property if it is needed as evidence in the 

Requested State. 

3. The rights of third parties in such property shall be duly respected.
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Article 14

Rule of Speciality 

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

punished in the Requesting State except for: 

(a) the offense for which extradition has been granted or a differently 

denominated offense based on the same facts on which extradition 

was granted, provided such offense is extraditable, or is a lesser 

included offense; 

(b) an offense committed after the extradition of the person; or 

(c) an offense for which the executive authority of the Requested 

State consents to the person’s detention, trial, or punishment. For 

the purpose of this subparagraph: 

(i) the Requested State may require the submission of the documents called for in Article 6; and 

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

State for 90 days while the request is being processed. This 

time period may be extended by the Requested State upon 

request of the Requesting State. 

2. A person extradited under this Treaty may not be extradited to a third 

State for an offense committed prior to his surrender unless the surrendering 

State consents. 

3. Paragraphs 1 and 2 of this Article shall not prevent the detention, trial, 

or punishment of an extradited person, or the extradition of that person to a third 

State, if: 

(a) that person leaves the territory of the Requesting State after extradition and voluntarily returns to it; or 

(b) that person does not leave the territory of the Requesting State 

within 10 days of the day on which that person is free to leave.

Article 15

Waiver of Extradition 

If the person sought consents to surrender to the Requesting State, the 

Requested State may surrender the person as expeditiously as possible without 

further proceedings.
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Article 16

Transit 

1. Either Contracting State may authorize transportation through its territory of a person surrendered to the other State by a third State. A request for 

transit shall be transmitted through the diplomatic channel or directly between 

the Department of Justice in the United States and the Attorney General in Saint 

Kitts and Nevis. Such a request may also be transmitted through the facilities 

of the International Criminal Police Organization (INTERPOL), or through such 

other means as may be settled by arrangement between the Contracting States. 

It shall contain a description of the person being transported and a brief statement of the facts of the case. A person in transit may be detained in custody 

during the period of transit. 

2. No authorization is required where air transportation is used and no 

landing is scheduled on the territory of the Contracting State. If an unscheduled 

landing occurs on the territory of the other Contracting State, the other Contracting State may require the request for transit as provided in paragraph 1. That 

Contracting State may detain the person to be transported until the request for 

transit is received and the transit is effected, so long as the request is received 

within 96 hours of the unscheduled landing.

Article 17

Representation and Expenses 

1. The Requested State shall advise, assist, appear in court on behalf of 

the Requesting State, and represent the interests of the Requesting State, in any 

proceedings arising out of a request for extradition. 

2. The Requesting State shall bear the expenses related to the translation 

of documents and the transportation of the person surrendered. The Requested 

State shall pay all other expenses incurred in that State by reason of the extradition proceedings. 

3. Neither State shall make any pecuniary claim against the other State 

arising out of the arrest, detention, examination, or surrender of persons sought 

under this Treaty.
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1 Feb. 23, 2000. 

Article 18

Consultation 

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

of Saint Kitts and Nevis may consult with each other directly in connection with 

the processing of individual cases and in furtherance of maintaining and 

improving procedures for the implementation of this Treaty. Issues considered in 

such consultations shall include training and technical assistance.

Article 19

Application 

Subject to Article 20(3), this Treaty shall apply to offenses committed 

before as well as after the date it enters into force.

Article 20

Ratification and Entry into Force 

1. This Treaty shall be subject to ratification; the instruments of ratification shall be exchanged at Washington as soon as possible. 

2. This Treaty shall enter into force upon the exchange of the instruments 

of ratification.1

3. Upon the entry into force of this Treaty, the Treaty on Extradition 

signed at London June 8, 1972 shall cease to have any effect between the United 

States and Saint Kitts and Nevis. 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 15 of this Treaty shall be applicable to such proceedings. Article 14 of this Treaty shall apply to persons found extraditable 

under the prior Treaty.

Article 21

Termination 

Either Contracting State may terminate this Treaty at any time by giving 

written notice to the other Contracting State, and the termination shall be effective six months after the date of receipt of such notice.
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IN WITNESS WHEREOF, the undersigned, being duly authorized by their 

respective Governments have signed this Treaty.

DONE at Basseterre, St. Kitts, in duplicate, this 18th day of September, 

1996.

FOR THE GOVERNMENT OF THE 

UNITED STATES OF AMERICA: 

FOR THE GOVERNMENT OF 

SAINT KITTS AND NEVIS:

Jeanette W. Hyde Denzil L. Douglas