U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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39–118

" ! SENATE 105TH CONGRESS

1st Session

TREATY DOC.

1997

105–16

EXTRADITION TREATY WITH CYPRUS

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE

UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE

REPUBLIC OF CYPRUS, SIGNED AT WASHINGTON ON JUNE 17,

1996

JULY 28, 1997.—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

(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, July 28, 1997.

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 Government of the United States of America and the Government of the Republic of Cyprus (‘‘the Treaty’’), signed at Washington on June 17, 1996.

In addition, I transmit, for the information of the Senate, the report of the Department of State with respect to the Treaty. As the

report explains, the Treaty will not require implementing legislation.

This Treaty will, upon entry into force, enhance cooperation between the law enforcement communities of both countries. It will

thereby make a significant contribution to international law enforcement efforts.

The provisions in this Treaty follow generally the form and content of extradition treaties recently concluded by the United States.

I recommend that the Senate give early and favorable consideration to the Treaty and give its advice and consent to ratification.

WILLIAM J. CLINTON.

(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, June 13, 1997.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you the Extradition Treaty between the Government of the United States of

America and the Government of the Republic of Cyprus (‘‘the Treaty’’), signed at Washington on June 17, 1996. I recommend that the

Treaty be transmitted to the Senate for its advice and consent to

ratification.

The Treaty follows closely the form and content of extradition

treaties recently concluded by the United States. The treaty represents part of a concerted effort by the Department of State and

the Department of Justice to develop modern extradition relationships to enhance the United States ability to prosecute serious offenders including, especially, narcotics traffickers and terrorists.

The Treaty marks a significant step in bilateral cooperation between the United States and Cyprus. Upon entry into force, it will

replace the Extradition Treaty between the United States and

Great Britain signed at London on December 22, 1931, which was

made applicable to Cyprus upon entry into force on June 24, 1935

and which the United States and Cyprus have continued to apply

following Cypriot independence. That treaty has become outmoded,

and the new Treaty will provide significant improvements. The

Treaty does not require implementing legislation.

Article 1 obligates each Contracting State to extradite to the

other, pursuant to the provisions of the Treaty, persons sought for

prosecution for or convicted of an extraditable offense.

Article 2(1) defines an extraditable offense as one punishable

under the laws of both Contracting States by deprivation of liberty

for a period of more than one year, or by a more severe penalty.

Use of such a ‘‘dual criminality’’ clause rather than a list of offenses covered by the Treaty obviates the need to renegotiate or

supplement the Treaty as additional offenses become punishable

under the laws of both Contracting States.

Article 2(2) defines an extraditable offense to include also 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 an extraditable offense.

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

that an offense shall be considered an extraditable offense: (1)

whether or not the laws in the Contracting States place the offense

within the same category of offenses or describe the offense by the
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same terminology; or (2) whether or not the offense is one for which

United States federal law requires the proof 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.

With regard to offenses committed outside the territory of the

Requesting State, Article 2(4) provides the parties with the discretion to grant or deny extradition if the offense for which extradition

is sought would not be punishable under the laws of the Requested

State in similar circumstance. The United States recognizes the

extraterritorial application of many of its criminal statutes and frequently makes requests for fugitives whose criminal activity occurred in foreign countries with the intent, actual or implied, of affecting the United States. Cyprus did not indicate any anticipated

difficulty with this provision.

When extradition has been granted for an extraditable offense,

Article 2(5) also requires extradition for any other offense specified

in the request, even if punishable by deprivation of liberty of less

than one year, provided that all other requirements for extradition

are met.

Article 3(1) provides that neither Contracting State is obligated

to extradite its nationals, but a Requested State may do so unless

otherwise provided by its laws and Constitution. Article 3(2) requires the Requested State, if it denies extradition solely on the

basis of the nationality of the person sought, to submit the case to

its authorities for prosecution.

As is customary in extradition treaties, Article 4 incorporates a

political and military offenses exception to the obligation to extradite. Article 4(1) states generally that extradition shall not be

granted for an offense of a political character.

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

considered to be political offenses:

(a) a murder or other willful 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 are obliged

pursuant to a multilateral international agreement to extradite

the person sought or to submit the case to their competent authorities for a decision as to prosecution; and

(c) a conspiracy or attempt to commit any of the offenses described above, or aiding and abetting a person who commits or

attempts to commit such offenses.

The Treaty’s political offense exception is substantially identical to

that contained in several other modern extradition treaties, including the treaty with Jordan, which recently received Senate advice

and consent. Offenses covered by Article 4(2)(b) include:

—aircraft hijacking covered by The Hague Convention for the

Suppression of Unlawful Seizure of Aircraft, done at The

Hague December 16, 1970, and entered into force October 14,

1971 (22 U.S.T. 1641; TIAS No. 7192); and,

—aircraft sabotage covered by the Montreal Convention for the

Suppression of Unlawful Acts Against the Safety of Civil Avia-
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tion, done at Montreal September 23, 1971, and entered into

force January 26, 1973, (24 U.S.T. 564; TIAS No. 7570).

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) permits the executive authority of the Requested

State to deny extradition for military offenses that are not offenses

under ordinary criminal law (for example, desertion).

Article 5 bars extradition when the person sought has been convicted or acquitted in the Requested State for the same offense, but

does not bar extradition if the competent authorities in the Requested State have declined to prosecute or have decided to discontinue criminal proceedings against the person sought.

Article 6(1) permits refusal of extradition in cases where an offense for which extradition is sought is punishable by death under

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

unless the Requesting State (if so requested) provides assurances

that the death penalty, if imposed, will not be carried out. Article

6(2) states that, in cases where an assurance under Article 6(1) is

provided, the death penalty will not be carried out, if imposed by

the courts of the Requesting State.

Article 7 enables extradition requests to be granted irrespective

of statutes of limitations in either the Requesting or Requested

State.

Article 8 establishes the procedures and describes the documents

that are required to support an extradition request. Article 8(1) requires that all requests be submitted through the diplomatic channel. Article 8(3)(c) provides that a request for the extradition of a

person sought for prosecution be supported by a statement of the

facts of the case disclosing reasonable grounds to believe that an

offense was committed and that the person sought committed it.

Article 9 establishes the procedures under which documents submitted pursuant to the provisions of this Treaty shall be received

and admitted into evidence.

Article 10 declares that all documents submitted by the Requesting State shall be either in the language of the Requesting State

or in the language of the Requested State, but gives the Requested

State the right to require a translation into its language.

Article 11 sets forth procedures for the provisional arrest and detention of a person sought pending presentation of the formal request for extradition. Article 11(4) provides that if the Requested

State’s executive authority has not received the formal request for

extradition and supporting documentation within sixty days after

the provisional arrest, the person may be discharged from custody.

Article 11(5) provides explicitly that discharge from custody pursuant to Article 11(4) does not prejudice subsequent rearrest and extradition of that person upon later delivery of the extradition request and supporting documents.

Article 12 specifies the procedures governing surrender and return of persons sought. It requires the Requested State to provide

prompt notice to the Requesting State through the diplomatic channel regarding its extradition decision. If the request is denied in

whole or in part, Article 12 requires the Requested State to provide

information regarding the reasons therefor. If extradition is grant-
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ed, the authorities of the Contracting States shall agree on the

time and place for surrender of the person sought. If the person

sought is not removed from the territory of the Requested State

within the time prescribed by its law, the person may be released,

and the Requested State may subsequently refuse extradition for

the same offense.

Article 13 concerns temporary and deferred surrender. If a person whose extradition is sought is being prosecuted or is serving

a sentence in the Requested State, that State may temporarily surrender the person sought to the Requesting State solely for the

purpose of prosecution. Alternatively, 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 its prosecution has been concluded and the sentence has been served.

Article 14 sets forth a non-exclusive list of factors to be considered by the Requested State is determining to which State to surrender a person sought by more than one State.

Article 15 provides for the seizure and surrender to the Requesting State of property connected with the offense for which extradition is granted, to the extent permitted under the law of the Requested State. Such property may be surrendered even when extradition cannot be effected due to the death, disappearance, or escape

of the person sought. Surrender of property may be deferred if it

is needed as evidence in the Requested State and may be conditioned upon satisfactory assurances from the Requesting State that

it will be returned. Article 15(3) imposes an obligation to respect

the rights of third parties in affected property.

Article 16 sets forth the rule of speciality. It provides, subject to

specific exceptions, that a person extradited under the Treaty may

not be detained, tried, or punished for an offense committed prior

to extradition other than that for which extradition has been granted, unless the executive authority of the Requested State consents.

Similarly, the requesting State may not extradite such person to a

third state for an offense committed prior to the original surrender

unless the executive authority of the Requested State consents.

These restrictions do not apply if the extradited person leaves the

Requesting State after extradition and voluntarily returns to it or

fails to leave the Requesting State within ten days of being free to

do so.

Article 17 permits surrender to the Requesting State without further proceedings if the person sought formally consents by way of

affidavit or otherwise.

Article 18 governs the transit through the territory of one Contracting State of a person being surrendered to the other State by

a third State.

Article 19 contains provisions on representation and expenses

that are similar to those found in other modern extradition treaties. Specifically, the Requested State is required to represent the

interests of the Requesting State in any proceedings arising out of

a request for extradition. The Requesting State is required to bear

the expenses related to the translation of documents and the transportation of the person surrendered. Article 19(3) clarifies that neither State shall make any pecuniary claim against the other State
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arising out of the arrest, detention, examination, or surrender of

persons sought under the Treaty.

Article 20 states that the United States Department of Justice

and the Ministry of Justice and Public Order in Cyprus may consult with each other directly or through the facilities of INTERPOL

in connection with the processing of individual cases and in furtherance of maintaining and improving Treaty implementation procedures.

Article 21, like the parallel provision in almost all recent United

States extradition treaties, states that the Treaty shall apply to offenses committed before as well as after the date the Treaty enters

into force.

Ratification and entry into force are addressed in Article 22.

That Article provides that the Parties shall exchange instruments

of ratification, whereupon the Treaty shall enter into force. Upon

entry into force, the Extradition Treaty between the United States

of America and Great Britain, signed at London December 22,

1931, shall cease to have effect between the United States and Cyprus, except for pending extradition proceeding in which the documents have already been submitted to the courts of the Requested

State at the time the Treaty enters into force (with Articles 16 and

17 of the new Treaty applicable to such proceedings).

Under Article 23, either Contracting State may terminate the

Treaty at any time upon written notice to the other Party through

the diplomatic channel with termination to become effective six

months after the date of such notice.

A Technical Analysis explaining in detail the provisions of the

Treaty has been prepared by the United States negotiating delegation and will be submitted separately to the Senate Committee on

Foreign Relations.

The Department of Justice joins the Department of State in favoring approval of this Treaty by the Senate at an early date.

Respectively submitted,

MADELEINE ALBRIGHT.
(1)
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