U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

39–118

" ! SENATE 105TH CONGRESS

1st Session

TREATY DOC.

1997

105–19

EXTRADITION TREATIES WITH ORGANIZATION OF

EASTERN CARIBBEAN STATES

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

EXTRADITION TREATIES BETWEEN THE GOVERNMENT OF THE

UNITED STATES OF AMERICA AND THE GOVERNMENTS OF SIX

COUNTRIES COMPRISING THE ORGANIZATION OF EASTERN CARIBBEAN STATES (COLLECTIVELY, THE ‘‘TREATIES’’). THE TREATIES ARE WITH: ANTIGUA AND BARBUDA, SIGNED AT ST.

JOHN’S ON JUNE 3, 1996; DOMINICA, SIGNED AT ROSEAU ON

OCTOBER 10, 1996; GRENADA, SIGNED AT ST. GEORGE’S ON MAY

30, 1996; ST. LUCIA, SIGNED AT CASTRIES ON APRIL 18, 1996;

ST. KITTS AND NEVIS, SIGNED AT BASETERRE ON SEPTEMBER

18, 1996; AND ST. VINCENT AND THE GRENADINES, SIGNED AT

KINGSTOWN ON AUGUST 15, 1996.

JULY 30, 1997.—Treaties were 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 30, 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 Treaties between

the Government of the United States of America and the governments of six countries comprising the Organization of Eastern Caribbean States (collectively, the ‘‘Treaties’’). The Treaties are with:

Antigua and Barbuda, signed at St. John’s on June 3, 1996; Dominica, signed at Roseau on October 10, 1996; Grenada, signed at St.

George’s on May 30, 1996; St. Lucia, signed at Castries on April

18, 1996; St. Kitts and Nevis, signed at Baseterre on September 18,

1996; and St. Vincent and the Grenadines, signed at Kingstown on

August 15, 1996.

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

report explains, the Treaties will not require implementing legislation.

The provisions in these Treaties follow generally the form and

content of extradition treaties recently concluded by the United

States.

Each Treaty will enhance cooperation between the law enforcement communities in both countries. That will thereby make a significant contribution to international law enforcement efforts. Upon

entry into force of the extradition treaties between the United

States and Antigua and Barbuda, Dominica, St. Kitts and Nevis,

St. Lucia, and St. Vincent and the Grenadines, 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 June 8, 1972, which was made applicable

to each of these territories upon its entry in force January 21,

1977, and which continues to apply between the United States and

each of the entities subsequent to becoming independent, will cease

to have any effect between the United States and the respective

country. Upon entry into force of the Extradition Treaty between

the United States and Grenada, the Extradition Treaty between

the United States and Great Britain signed December 22, 1931,

which was made applicable to Grenada upon its entry into force on

June 24, 1935, and which continues to apply between the United

States and Grenada, following its becoming independent, shall

cease to apply between the United States and Grenada.

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

WILLIAM J. CLINTON.

(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, June 12, 1997.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you extradition

treaties between the Government of the United States of America

and the governments of six countries comprising the Organization

of Eastern Caribbean States (OECS). The treaties are with: Antigua and Barbuda, signed at St. John’s on June 3, 1996; Dominica,

signed at Roseau on October 10, 1996; Grenada, signed at St.

George’s on May 30, 1996; St. Lucis, signed at Castries on April 18,

1996; St. Kitts and Nevis, signed at Baseterre on September 18,

1996; and St. Vincent and the Grenadines, signed at Kingstown on

August 15, 1996. I recommend that these treaties be transmitted

to the Senate for its advice and consent to ratification.

The OECS extradition treaties, which are identical in content,

follow closely the form and content of extradition treaties recently

concluded by the United States. The treaties represent part of a

concerted effort by the Department of State and the Department of

Justice to develop modern extradition relationships in order to enhance the United States ability to prosecute serious offenders including, especially, narcotics traffickers.

The treaties mark a significant step in bilateral cooperation between the United States and OECS Countries. Upon entry into

force of the extradition treaties between the United States and Antigua and Barbuda, Dominica, St. Kitts and Nevis, St. Lucia, and

St. Vincent and the Grenadines, 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 June 8, 1972, which was made applicable to each of these

territories upon its entry in force January 21, 1977, and which continues to apply between the United States and each of the countries subsequent to its independence, will cease to have effect between the United States and these countries. Upon entry into force

of the Extradition Treaty between the United States and Grenada,

the Extradition Treaty between the United States and Great Britain signed December 22, 1931, which was made applicable to Grenada upon its entry into force on June 24, 1935, and which continues to apply between the United States and Grenada, following its

independence, shall cease to apply between the United States and

Grenada. These treaties had become outmoded, and the new treaties will provide significant improvements. The Treaties can be implemented without new legislation.
VI

Article 1 obligates each Contracting State to extradite to the

other, pursaunt to the provisions of the Treaty, any person sought

for prosecution or persons who have been convicted of an extraditable offense by the authorities in the Requesting State.

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 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 of the Treaty.

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

same terminology; or (2) 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.

With regard to offenses committed outside the territory of the

Requesting State, Article 2(4) provides the States with 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 circumstances. 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. None of the OECS countries indicated

any anticipated difficulty with this provision.

Article 3 provides that extradition shall not be refused on the

ground that the person sought is a national of the Requested State.

Neither Party, in other words, may invoke nationality as a basis

for denying an extradition.

As is customary in extradition treaties, Article 4 incorporates a

political offense exception to the obligation to extradite. Article 4(1)

states generally that extradition shall not be granted if the offense

for which extradition is requested is a political offense. Article 4(2)

specifies three categories of offenses that 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 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
VII

(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. Examples of 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 Aviation, 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 refuse 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 which have been instituted against

the person sought.

Article 6 establishes the procedures and describes the documents

that are required to support an extradition request. The Article requires that all requests be submitted through the diplomatic channel. Article 6(3)(c) provides that a request for the extradition of a

person sought for prosecution shall also be supported by evidence

providing a reasonable basis to believe that the person committed

the offense for which extradition is requested. This is a lesser evidentiary standard than that contained in the current extradition

treaty, and therefore should significantly improve the United

States’ ability to obtain extradition of fugitives from abroad.

Article 7 establishes the procedures under which documents submitted pursuant to the provisions of this Treaty shall be received

and admitted into evidence.

Article 8 enables extradition requests to be granted irrespective

of statutes of limitations in either the Requesting or Requested

State.

Article 9 sets forth procedures for the provisional arrest and detention of a person sought pending presentation of the formal request for extradition. Article 9(4) provides that if the Requested

State’s executive authority has not received the request for extradition and supporting documentation within forty-five days after

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

this period may be extended for up to an additional fifteen days

upon the Requesting State’s application. Article 9(5) provides explicitly that discharge from custody pursuant to Article 9(4) does
VIII

not prejudice subsequent rearrest and extradition upon later delivery of the extradition request and supporting documents.

Article 10 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 decision on the request for extradition. If the request is denied in whole or in part, Article 10(2) requires the Requesting State to provide information regarding the reasons therefor. If extradition is granted, the person sought must be removed

from the territory of the Requested State within the time prescribed by its law.

Article 11 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 to the Requesting State solely for the purpose of

prosecution. Alternatively, the Requested State may postpone the

extradition proceedings until its prosecution has been concluded or

until any sentence imposed has been served.

Article 12 sets forth a non-exclusive 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 13 provides for the seizure and surrender to the Requesting State of articles and evidence 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 that it will be returned. Article 13(3) imposes an obligation to respect the rights of

third parties in affected property.

Article 14 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 in the Requesting State for an

offense other than that for which extradition has been granted, unless a waiver of the rule is granted by the executive authority of

the Requested State. Similarly, the Requesting State may not extradite such person to a third state for an offense committed prior

to the original surrender unless the Surrendering 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 15 permits surrender to the Requesting State without further proceedings if the person sought consents to surrender.

Article 16 governs the transit through the territory of one Contracting State of a person being surrendered to the other State by

a third State.

Article 17 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 States understand that the Requesting State will bear the costs in the event it elects to retain private
IX

counsel to pursue the extradition request. The Requesting State is

required to bear the expenses related to the translation of documents and the transportation of the person surrendered. Article

17(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 18 states that the United States Department of Justice

and the Attorney General of each OECS country may consult with

each other directly in connection with the processing of individual

cases and in furtherance of maintaining and improving Treaty implementation procedures. It also specifies that consultations may

address issues of training and technical assistance for prosecutors

and other legal officials.

Article 19, like the parallel provision in almost all recent United

States extradition treaties, states that the Treaty shall apply, subject to Article 20(3), to offenses committed before as well as after

the date the Treaty enters into force.

Ratification and entry into force are addressed in Article 20.

That Article provides that the treaty shall be subject to ratification,

and instruments of ratification shall be exchanged at Washington,

whereupon the Treaty shall enter into force. Upon entry into force,

the Extradition Treaty between the United States of America and

the United Kingdom of Great Britain and Northern Ireland, signed

at London on June 8, 1972, and entered into force on January 21,

1977, shall cease to have effect, with certain noted exceptions, between the United States and the countries heretofore noted. The

Extradition Treaty between the United States and Great Britain

that was signed at London on December 22, 1931, and entered into

force on June 24, 1935, likewise will cease to have effect, with certain noted exceptions, between the United States and Grenada.

Under Article 21, either Contracting State may terminate the

Treaty at any time upon written notice to the other Contracting

State, with termination to become effective six months after the

date of receipt of such notice.

Technical Analyses explaining in detail the provisions of these

Treaties are 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 these Treaties by the Senate at an early date.

Respectfully submitted,

MADELEINE ALBRIGHT.
(1)
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