U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

99–118

" SENATE ! 104TH CONGRESS

1st Session

TREATY DOC.

1995

104–3

EXTRADITION TREATY WITH JORDAN

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

THE EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE

UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE

HASHEMITE KINGDOM OF JORDAN, SIGNED AT WASHINGTON

ON MARCH 28, 1995

APRIL 24, 1995.—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, April 24, 1995.

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 Hashemite Kingdom of Jordan, signed at Washington

on March 28, 1995. Also transmitted for the information of the Senate is the report of the Department of State with respect to this

Treaty.

The Treaty establishes the conditions and procedures for extradition between the United States and Jordan. It also provides a

legal basis for temporarily surrendering prisoners to stand trial for

crimes against the laws of the Requesting State.

The Treaty further represents an important step in combatting

terrorism by excluding from the scope of the political offense exception serious offenses typically committed by terrorists, e.g., crimes

against a Head of State or first family member of either Party, aircraft hijacking, aircraft sabotage, crimes against internationally

protected persons, including diplomats, hostage-taking, narcotics

trafficking, and other offenses for which the United States and Jordan have an obligation to extradite or submit to prosecution by reason of a multilateral international agreement or treaty.

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

This Treaty will make a significant contribution to international

cooperation in law enforcement. 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, March 31, 1995.

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 Hashemite Kingdom of Jordan

(the ‘‘Treaty’’), signed at Washington on March 28, 1995. I recommend that the Treaty be transmitted to the Senate for its advice

and consent to ratification.

The Treaty follows generally the form and content of extradition

treaties recently concluded by the United States. It represents a

concerted effort by the Department of State and the Department of

Justice to modernize the legal tools available for the extradition of

serious offenders such as narcotics traffickers and terrorists. This

will be the first extradition treaty between the United States and

Jordan.

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

to the provisions of the Treaty, any person charged with or found

guilty of an offense described in Article 2.

In Article 2, the Parties agree that an offense punishable by both

parties by deprivation of liberty or other form of detention for more

than one year, or by a more severe penalty shall be extraditable.

The Article also provides that attempts and conspiracies to commit

these offenses, and participation in the commission of the offenses,

are extraditable. Inclusion of a dual criminality clause without a

list of offenses covered by the Treaty obviates the need to renegotiate or supplement the Treaty as offenses become punishable

under the laws of both parties. Among other things, the Article further provides that in determining whether an offense is covered

under the Treaty, the offense shall be considered an extraditable

offense whether or not the laws in the Contracting Parties place

the offenses within the same category of offenses or describe the offense by the same terminology. With regard to offenses committed

outside the territory of the Requesting State, an offense described

in this Article shall be an extraditable offense regardless of where

the act or acts constituting the offense were committed.

Article 3 provides that extradition shall not be refused based on

the nationality of the person sought.

Article 4 incorporates a political offense exception to the obligation to extradite. Article 4(1) states generally that extradition shall

not be granted for political offenses. Article 4(2) expressly excludes
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from the reach of the political offense exception several categories

of offenses:

(i) 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;

(ii) an offense for which both Parties are obliged pursuant to

a multilateral international agreement to extradite the person

sought or submit the case for prosecution (e.g., aircraft hijacking pursuant to 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 7192); aircraft sabotage pursuant to the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal September 23, 1971, and

entered into force January 26, 1973, (24 U.S.T. 564; TIAS No.

7570) and the Protocol for the Suppression of Unlawful Acts of

Violence at Airports serving International Civil Aviation, done

at Montreal February 24, 1988; crimes against internationally

protected persons, including diplomats, under the Convention

on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents,

done at New York December 14, 1973, and entered into force

February 20, 1977 (28 U.S.T. 1975; TIAS No. 8532); hostage

taking, pursuant to the International Convention against the

Taking of Hostages, done at New York on December 17, 1979,

and entered into force June 3, 1983, and for the United States

January 6, 1985 (TIAS No. 11081); and narcotics trafficking

under the United Nations Convention Against Illicit Traffic in

Narcotics Drugs and Psychotropic Substances, done at Vienna

December 20, 1988, which entered into force November 11,

1990;

(iii) a conspiracy or attempt to commit the offenses described

above, or participation in the commission of those offenses.

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

‘‘competent authority’’ of the Requested State (for the United

States, the Secretary of State) determines that the request was politically motivated. Article 4(4) provides that the executive authority of the Requested State can refuse extradition for offenses under

military law which are not offenses under ordinary criminal law.

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.

Article 6 provides that the decision whether to grant a request

for extradition shall be made without regard to provisions of the

law of either Contracting State concerning lapse of time.

Under Article 7, when an offense for which surrender is sought

is punishable by death under the laws of the Requesting State and

is not so punishable under the laws of 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.
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Article 8–10 address the procedures by which extradition is to be

accomplished. Article 8 describes the documents that are required

to support a request for extradition. Article 9 establishes the procedures under which documents submitted pursuant to Article 8

shall be received and admitted into evidence in the Requested

Party. Article 10 provides that all documents submitted by the Requesting State shall be translated into the language of the Requested State.

Article 11 provides for the provisional arrest and detention of the

person sought for no more than ninety days pending receipt by the

competent authority of the Requested State of a fully documented

extradition request in conformity with Article 8. The discharge of

the person sought from custody pursuant to this Article explicitly

does not prejudice subsequent rearrest and extradition upon later

delivery of the extradition request and supporting documents.

Article 12 specifies the procedures to govern the surrender and

return of fugitives. The Requested State is required to notify

promptly the Requesting State of its decision on extradition and,

if the request is denied in whole or in part, to provide an explanation. If the request is granted, the person sought must be removed from the territory of the Requested State within the time

prescribed by the law of the Requested State.

Article 13 provides that if a person is being prosecuted or is serving a sentence in the Requested State for a different offense, that

State may (a) temporarily surrender the person to the Requesting

State solely for the purpose of prosecution, or (b) defer surrender

until the proceedings are concluded and the sentence served.

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

Article 15 provides, to the extent permitted under the law of the

Requested State, for that State to seize and surrender to the Requesting State property related to the offense for which extradition

is requested. This obligation, however, is subject to an obligation to

duly respect the rights of third parties.

Article 16 sets forth the rule of speciality for this treaty. It provides, subject to specific exceptions, that a person extradited under

the Treaty may not be detained, tried, or punished for an offense

other than that for which extradition has been granted, unless a

waiver of the rule is granted by the competent authority of the Requested State or unless the person extradited fails to leave the Requesting State within ten days of being free to do so or, having left

the Requesting State, voluntarily returns to it. Similarly the Requesting State may not surrender or transfer such person to a

third State for an offense committed prior to his extradition under

this Treaty, unless the Requested State consents or unless the individual remains after ten days or leaves and voluntarily returns.

Article 17 permits surrender without further proceedings if the

person sought gives his consent.

Article 18 governs the transit through the territory of one party

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 bears the expenses for the
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legal representation of the Requesting State in any proceedings

arising out of a request for extradition. The Requesting State shall

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 arising out of the arrest, detention, examination, or

surrender of persons sought under the Treaty.

Article 20 states that the U.S. Department of Justice and the

Jordanian Ministry 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 maintaining and improving the procedures for the implementation of the Treaty.

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

States extradition treaties, states that the Treaty is retroactive, in

that it shall apply to offenses committed before as well as after the

date the Treaty enters into force.

Article 22 provides that for the United States, the term ‘‘competent authority,’’ as used in this Treaty, means the appropriate

authorities of its executive branch.

Article 23 contains final clauses dealing with the Treaty’s entry

into force and termination. Paragraph 1 states that the Treaty

shall be subject to ratification, and the instruments of ratification

shall be exchanged as soon as possible. Paragraph 2 states that the

Treaty shall enter into force upon the exchange of instruments of

ratification.

Article 24 provides that either Contracting State may terminate

this Treaty at any time by giving written notice through diplomatic

channels to the other Contracting State, and the termination shall

be effective six months after the date of the receipt of such notice.

A Technical Analysis explaining in detail the provisions of the

Treaty is being 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.

Respectfully submitted,

WARREN CHRISTOPHER.
(1)
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