U.S. GOVERNMENT PRINTING OFFICE

49–118 WASHINGTON : 

" ! SENATE 109TH CONGRESS

2d Session 

TREATY DOC. 

2006

109–16 

EXTRADITION TREATY WITH ESTONIA 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF ESTONIA, 

SIGNED ON FEBRUARY 8, 2006, AT TALLINN 

SEPTEMBER 29, 2006.—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 


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LETTER OF TRANSMITTAL 

THE WHITE HOUSE, September 29, 2006. 

To the Senate of the United States: 

With a view to receiving the advice and consent of the Senate to 

ratification, I transmit herewith the Extradition Treaty between 

the United States of America and the Government of the Republic 

of Estonia, signed on February 8, 2006, at Tallinn. I also transmit, 

for the information of the Senate, the report of the Department of 

State with respect to the treaty. 

The new extradition treaty with Estonia would replace the outdated extradition treaty between the United States and Estonia, 

signed on November 8, 1923, at Tallinn, and the Supplementary 

Extradition Treaty, signed on October 10, 1934, at Washington. 

The treaty also fulfills the requirement for a bilateral instrument 

between the United States and each European Union (EU) Member 

State in order to implement the Extradition Agreement between 

the United States and the EU. Two other comprehensive new extradition treaties with EU Member States—Latvia and Malta—

likewise also serve as the requisite bilateral instruments pursuant 

to the U.S.-EU Agreement, and therefore also are being submitted 

separately and individually. 

The treaty follows generally the form and content of other extradition treaties recently concluded by the United States. It would replace an outmoded list of extraditable offenses with a modern ‘‘dual 

criminality’’ approach, which would enable extradition for such offenses as money laundering and other newer offenses not appearing on the list. The treaty also contains a modernized ‘‘political offense’’ clause. It further provides that extradition shall not be refused based on the nationality of the person sought; in the past, 

Estonia has declined to extradite its nationals to the United States. 

Finally, the new treaty incorporates a series of procedural improvements to streamline and speed the extradition process. 

I recommend that the Senate give early and favorable consideration to the treaty. 

GEORGE W. BUSH. 


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LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, Washington, August 3, 2006. 

The PRESIDENT, 

The White House. 

THE PRESIDENT: I have the honor to submit to you the Extradition Treaty between the United States and Estonia, signed on 

February 8, 2006. Upon its entry into force, the Treaty would replace the outdated Extradition Treaty between the United States 

and Estonia, signed on November 8, 1923, and the Supplementary 

Extradition Treaty, signed on October 10, 1934. It also fulfills the 

requirement for a bilateral instrument between the United States 

and each member state of the European Union implementing the 

Extradition Agreement between the United States and the European Union signed on June 25, 2003, which is being separately 

submitted. A detailed, article-by-article analysis is enclosed with 

this report. I recommend that the Treaty be transmitted to the 

Senate for its advice and consent to ratification. The Treaty is selfexecuting and will not require implementing legislation. 

Respectfully submitted. 

CONDOLEEZZA RICE. 

Enclosures: As stated. 

U.S.-ESTONIA EXTRADITION TREATY

OVERVIEW

The U.S.-Estonia Extradition Treaty replaces an outdated 1923 

Treaty and 1934 Supplementary Treaty. It also serves to implement between the United States and Estonia the provisions of the 

U.S.-EU Extradition Agreement. 

The following is an Article-by-Article description of the provisions 

of the Treaty. 

Article 1 obligates each Party to extradite to the other, pursuant 

to the provisions of the Treaty, persons whom the authorities in the 

Requesting State have charged with or convicted of an extraditable 

offense. 

Article 2 concerns extraditable offenses and is taken from Article 

4 of the U.S.-EU Extradition Agreement. Article 2(1) defines an offense as extraditable if the conduct on which the offense is based 

is punishable under the laws in both States by deprivation of liberty for a period of more than one year or by a more severe penalty. Use of a pure ‘‘dual criminality’’ clause, rather than categories 

of offenses listed in the 1923 Treaty, obviates the need to renegoVerDate Aug 31 2005 01:16 Oct 06, 2006 Jkt 049118 PO 00000 Frm 00005 Fmt 7633 Sfmt 6602 E:\HR\OC\TD016.XXX TD016

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tiate or supplement the Treaty as additional offenses become punishable under the laws in both States. 

Article 2(2) further defines an extraditable offense as an attempt 

or a conspiracy to commit, or participation in the commission of an 

extraditable offense. The Parties intended to include the offenses of 

aiding, abetting, counseling or procuring the commission of an offense, as well as being an accessory to an offense, under the broad 

description of participation. 

Additional flexibility is provided by ArticIe 2(3), which provides 

that an offense shall be an extraditable offense: a) whether or not 

the laws in the Requesting and Requested States place the offense 

within the same category of offenses or describe the offense by the 

same terminology; 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 jurisdictional only; or c) in criminal cases relating to taxes, customs duties, currency control or commodities. 

With regard to offenses committed outside the territory of the 

Requesting State, Article 2(4) provides that extradition shall be 

granted for an extraditable offense regardless of where the act or 

acts constituting the offense were committed. 

Article 2(5) provides that if extradition is granted for an extraditable offense, it shall also be granted for any other offense specified in the request if the latter offense is punishable by one year’s 

deprivation of liberty or less, provided that all other requirements 

for extradition are met. 

Article 3 provides that extradition shall not be refused based on 

the nationality of the person sought. 

Article 4 sets forth bases for the denial of extradition. As is customary in extradition treaties, paragraph I provides that extradition shall not be granted if the offense for which extradition is 

requested constitutes a political offense. 

Article 4(2) specifies six categories of offenses that shall not be 

considered to be political offenses: (a) a murder or other violent 

crime against a Head of State of one of the Parties, or of a member 

of the Head of State’s family; (b) an offense for which both Parties 

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; (c) murder, 

manslaughter, malicious wounding, or inflicting grievous bodily 

harm; (d) an offense involving kidnapping, abduction, or any form 

of unlawful detention, including the taking of a hostage; (e) placing 

or using an explosive, incendiary, or destructive device capable of 

endangering life, of causing substantial bodily harm, or of causing 

grievous property damage; and (f) a conspiracy or attempt to commit any of the foregoing offenses, or participation in the commission of such offenses. 

Article 4(3) provides that extradition shall not be granted if the 

executive authority of the Requested State determines that the request was politically motivated. 

Article 4(4) provides that offenses under military law that are 

not offenses under ordinary criminal law (e.g., desertion) are excluded from the scope of the Treaty. 


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Article 5(1) provides that 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. Article 5(2) 

provides that extradition shall not be precluded by the fact that the 

competent authorities of the Requested State: (a) have decided not 

to prosecute the person sought for the acts for which extradition is 

requested; (b) have decided to discontinue any criminal proceedings 

which have been instituted against the person sought for those 

acts; or (c) have decided to investigate the person sought for the 

same acts. 

Article 6 provides that extradition shall not be granted when the 

prosecution or the enforcement of the penalty for the offense for 

which extradition has been sought has become barred by lapse of 

time according to the law of the Requesting State. 

Article 7 concerns capital punishment, and is taken from Article 

13 of the U.S.-EU Extradition Agreement. When an offense for 

which exadition is sought is punishable by death under the laws 

in the Requesting State but not under the laws in the Requested 

State, the Requested State may grant extradition on the condition 

that the death penalty shall not be imposed on the person sought, 

or if for procedural reasons such condition cannot be complied with 

by the Requesting State, on condition that the death penalty if imposed shall not be carried out. If the Requesting State accepts extradition subject to conditions pursuant to this Article, it shall comply with the conditions. If the Requesting State does not accept the 

conditions, the request for extradition may be denied. 

Article 8 establishes the procedures and describes the documents 

that are required to support a request for extradition. Paragraph 

1, which is taken from Article 5(1) of the U.S.-EU Extradition 

Agreement, provides that all requests for extradition must be submitted through the diplomatic channel, which shall include transmission under Article 11(4). Among other requirements, Article 8(3) 

provides that a request for the extradition of a person sought for 

prosecution must be supported by: (a) a copy of the warrant or 

order of arrest issued by a judge, court, or other competent authority; (b) a copy of the charging document; and (c) such information 

as would provide a reasonable basis to believe that the person 

sought committed the offense for which extradition is sought. 

Pursuant to Article 8(4), a request for extradition of a person 

who has been convicted in absentia must be supported by the documents required in a request for a person who is sought for prosecution. 

Article 8(5), which is taken from Article 8 of the U.S.-EU Extradition Agreement, authorizes the furnishing of additional information, if the Requested State deems it necessary to support an extradition request, and specifies that such information may be requested and supplied directly between the United States Department of Justice and the Ministry of Justice of the Republic of Estonia. Article 8(6), which is taken from Article 14 of the U.S.-EU Extradition Agreement, addresses the submission of sensitive information in extradition requests. 

Article 9, which is taken from Article 5 of the U.S.-EU Extradition Agreement, concerns admissibility of documents. It provides 

that documents bearing the certificate or seal of either the Ministry 


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of Justice or foreign affairs Ministry or Department of the Requesting State shall be admissible in extradition proceedings in the Requested State without further certification. 

Article 10 provides that all documents submitted under the Treaty by the Requesting State shall be translated into the language of 

the Requested State. 

Article 11 sets forth procedures and describes the information 

that is required for the provisional arrest and detention of the person sought, in an urgent situation, pending presentation of the formal request for extradition. Paragraph 1, which sets forth procedures for transmission of a request for provisional arrest, is taken 

from Article 7 of the U.S.-EU Extradition Agreement. Article 11(4) 

provides that if the Requested State’s executive authority has not 

received the request for extradition and supporting documents 

within sixty days from the date of provisional arrest, the person 

may be discharged from custody. Paragraph 4 also provides an alternative channel for receipt of extradition requests with respect to 

persons who have been provisionally arrested, taken from Article 

6 of the U.S.-EU Extradition Agreement. Article 11(5) explicitly 

provides that the discharge of a person from custody pursuant to 

Article 11(4) does not prejudice the person’s subsequent rearrest 

and extradition if the extradition request and supporting documents are delivered at a later date. 

Article 12 specifies the procedures governing a decision on the 

extradition request and the surrender of the person sought. It requires the Requested State to promptly notify the Requesting State 

of its decision regarding a request. If the request is denied in whole 

or in part, the Requested State must provide an explanation for the 

denial and, upon request, copies of pertinent judicial decisions. If 

extradition is granted, the States shall agree on the time and place 

for the surrender of the person sought. 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, the person may be discharged from custody, and the Requested State, in its discretion, 

may subsequently refuse extradition for the same offense(s). 

Article 13 addresses temporary and deferred surrender. Paragraph 1, on temporary surrender, is taken from Article 9 of the 

U.S.-EU Extradition Agreement. It provides that if a person whose 

extradition is sought is being proceeded against or is serving a sentence in the Requested State, the Requested State may temporarily 

surrender the person to the Requesting State for the purpose of 

prosecution. The Requesting State shall keep the person so surrendered in custody and shall return that person 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 States. 

Paragraph 2, on deferred surrender, provides that the Requested 

State may postpone the extradition proceedings against a person 

who is being prosecuted or who is serving a sentence in that state. 

Article 14, which is taken from Article 10 of the U.S.-EU Extradition Agreement, provides a non-exclusive list of factors to be considered by the executive authority of the Requested State in determining to which State to surrender a person whose extradition is 

sought by more than one State. It includes, in paragraph 2, lanVerDate Aug 31 2005 22:31 Oct 05, 2006 Jkt 049118 PO 00000 Frm 00008 Fmt 7633 Sfmt 6602 E:\HR\OC\TD016.XXX TD016

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guage establishing the applicability of this analysis to competing 

requests from the United States and from a member state of the 

European Union made to Estonia under the European Arrest Warrant. 

Article 15 provides that the Requested State may, to the extent 

permitted under its law, seize and surrender to the Requesting 

State all items, including articles, documents, and evidence, that 

are connected with the offense in respect of which extradition is 

granted. Such items may be surrendered even if the extradition 

cannot be effected due to the death, disappearance, or escape of the 

person sought, and prior to the extradition, if requested pursuant 

to the mutual legal assistance treaty between the parties. The Requested State may condition the surrender of the items 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 items if they 

are needed as evidence in the Requested State. The rights of third 

parties in such items are to be respected in accordance with the 

laws of the Requested State. 

Article 16 sets forth the rule of speciality under international 

law. Paragraph 1 provides, subject to specific exceptions set forth 

in paragraph 3, that a person extradited under the Treaty may not 

be detained, tried, or punished in the Requesting State except for: 

(a) any offense for which extradition was granted, or a differently 

denominated offense based on the same facts as the offense for 

which extradition was granted, provided such offense is extraditable, or is a lesser included offense; (b) any offense committed 

after the extradition of the person; or (c) any offense for which the 

executive authority of the Requested State waives the rule of speciality and thereby consents to the person’s detention, trial, or punishment. 

Article 16(2) provides that a person extradited under the Treaty 

may not be the subject of onward extradition to a third State or 

an international tribunal for any offense committed prior to the extradition to the Requesting State unless the Requested State consents. 

Under Article 16(3), these restrictions shall not prevent the detention, trial, or punishment of an extradited person, or the extradition of a person to a third State, if the extradited person leaves 

the territory of the Requesting State after extradition and voluntarily returns to it or fails to leave the territory of the Requesting 

State within ten days of being free to do so. 

Article 17 permits surrender as expeditiously as possible if the 

person sought consents to be surrendered to the Requesting State. 

Article 18, which is taken from Article 12 of the U.S.-EU Extradition Agreement, governs the transit through the territory of one 

State of a person surrendered to the other State by a third country. 

Article 19 contains provisions on representation and expenses. 

Specifically, the Requested State is required to advise, assist, appear in court on behalf of, and represent the interests of the Requesting State in any proceedings arising out of a request for extradition. The Requested State also bears all expenses incurred in 

that State in connection with the extradition proceedings, except 

that the Requesting State pays expenses related to translation of 


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extradition documents and the transportation of the person surrendered. Article 19(3) specifies that neither State shall make any pecuniary claim against the other arising out of the arrest, detention, 

examination, or surrender of persons under the Treaty. 

Article 20 provides that the United States Department of Justice 

and the Ministry of Justice of the Republic of Estonia may consult 

in connection with the processing of individual cases and in furtherance of efficient implementation of the Treaty. 

Article 21 makes the Treaty applicable to offenses committed before as well as on or after the date it enters into force. 

Article 22 contains final clauses dealing with the Treaty’s entry 

into force and termination. It provides that the Treaty is subject to 

ratification and that the Treaty shall enter into force upon the exchange of the instruments of ratification. Article 22(3) provides 

that, upon entry into force of the Treaty, the Treaty of Extradition 

between the United States of America and the Republic of Estonia, 

signed at Tallinn on November 8, 1923, and the Supplementary Extradition Treaty signed at Washington on October 10, 1934, shall 

cease to have any effect. Either State may terminate the Treaty 

with six months written notice to the other State through the diplomatic channel. 

The Department of Justice joins the Department of State in favoring approval of this Treaty by the Senate at the earliest possible 

date. 


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