U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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99–118

" SENATE ! 104TH CONGRESS

1st Session

TREATY DOC.

1995

104–8

SUPPLEMENTARY EXTRADITION TREATY

WITH BELGIUM

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

THE SUPPLEMENTARY TREATY ON EXTRADITION BETWEEN THE

UNITED STATES OF AMERICA AND THE KINGDOM OF BELGIUM

TO PROMOTE THE REPRESSION OF TERRORISM, SIGNED AT

BRUSSELS ON APRIL 27, 1987

JUNE 12, 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, June 9, 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 Supplementary Treaty on Extradition Between the United States of America and the Kingdom

of Belgium to Promote the Repression of Terrorism, signed at Brussels on April 27, 1987 (the ‘‘Supplementary Treaty’’). Also transmitted for the information of the Senate is the report of the Department of State with respect to the Supplementary Treaty.

This Supplementary Treaty is designed to facilitate the extradition of terrorists, and is similar to the protocols to extradition

treaties currently in force with other countries, including Australia,

Canada, Spain, the Federal Republic of Germany, and the United

Kingdom. Upon entry into force, the Supplementary Treaty will

amend the Treaty for the Mutual Extradition of Fugitives from

Justice, signed at Washington on October 26, 1901, as amended by

the Supplementary Conventions, signed at Washington on June 20,

1935, and at Brussels on November 14, 1963, if that Treaty is still

in force, or the Extradition Treaty Between the United States and

Belgium signed at Brussels on April 27, 1987.

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

to ratification.

WILLIAM J. CLINTON.

(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE,

Washington, May 1, 1995.

THE PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you the Supplementary Treaty on Extradition between the United States of America and the Kingdom of Belgium to Promote the Repression of Terrorism (the ‘‘Supplementary Treaty’’), signed at Brussels on March

17, 1987. I recommend that the Supplementary Treaty be transmitted to the Senate for its advice and consent to ratification. I am

submitting to you separately the Extradition Treaty between the

United States of America and the Kingdom of Belgium, signed at

Brussels on April 27, 1987 (the ‘‘1987 Treaty’’), and am recommending that the 1987 Treaty also be transmitted to the Senate

for advice and consent to ratification.

The Supplementary Treaty was designed to facilitate the extradition of terrorists, by limiting the application of the political offense exception with respect to specified criminal acts that are typically committed by terrorists. 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.

The Supplementary Treaty has been designed so that it will,

upon its entry into force, apply either to the Treaty for the Mutual

Extradition of Fugitives from Justice, signed at Washington on October 26, 1901, as amended by the Supplemental Conventions

signed at Washington on June 20, 1935 and at Brussels on November 14, 1963, (the ‘‘1901 Treaty’’), or to the Extradition Treaty between the United States and Belgium, signed at Brussels on April

27, 1987 (the ‘‘1987 Treaty’’), whichever treaty is in force.

The Supplementary Treaty submitted herewith contains the following elements:

Article 1 provides that the Supplementary Treaty only applies

when extradition of a fugitive could otherwise be denied because

the offense was political or because it was not listed as an extraditable offense under the treaties currently in force.

Article 2 provides that the executive authority of the Requested

State may, in its discretion, exclude from the reach of the political

offense exception several categories of offenses, including:

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

a multilateral agreement to extradite the fugitive or submit

the case to the competent authorities for prosecution (e.g., aircraft hijacking pursuant to The Hague Convention for the Sup-
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pression of Unlawful Seizure of Aircraft, done at the Hague

December 16, 1970, and entered into force October 14, 1971,

and 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);

(ii) specified crimes including murder, voluntary manslaughter, voluntary assault, and battery inflicting serious bodily harm; kidnapping, abduction and the taking of a hostage;

and placing or using certain explosive, incendiary or destructive devices, or using automatic weapons in certain instances;

(iii) an ‘‘association of wrongdoers’’ or a conspiracy to attempt to commit the offenses described above, or the participation in the commission of those offenses.

Article 3 provides that none of the offenses described in Article

2 shall be considered political if they:

(i) created a collective danger to the life, physical integrity,

or liberty of any persons;

(ii) affected a person removed from the motives behind the

offense, i.e., an innocent bystander;

(iii) involved the use of cruel or vicious means; or

(iv) involved the taking of a hostage.

Under Article 4, 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 sufficient assurances that the death penalty will not be

carried out.

Article 5 permits the executive authority of the Requested State

to deny extradition for humanitarian reasons pursuant to its domestic law.

Article 6 amends the list of extraditable offenses contained in the

1901 Treaty, as amended by the 1935 and 1963 Supplementary

Conventions, to include all offenses listed in Article 2. This provision will become unnecessary when the 1987 Treaty, which contains a dual criminality provision in Article 2, enters into force.

Article 7 contains final clauses dealing with the Supplementary

Treaty’s entry into force. Paragraph 1 states that the Supplementary Treaty shall be subject to ratification, and the instruments of ratification shall be exchanged as soon as possible. Paragraph 2 states that the Supplementary Treaty shall enter into force

on the first day of the second month after the exchange of instruments of ratification.

Article 8 provides that either Party may terminate the Supplementary Treaty upon written notice to the other Party; the Supplementary Treaty would terminate six months after the date of receipt of such notice.

A Technical Analysis explaining in detail the provisions of the

Supplementary Treaty is being prepared by the United States negotiating delegation and will be submitted separately to the Senate

Committee on Foreign Relations.
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The Department of Justice joins the Department of State in favoring approval of this Supplementary Treaty by the Senate at an

early date.

Respectfully submitted,

WARREN CHRISTOPHER.
(1)
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