TREATIES AND OTHER INTERNATIONAL ACTS SERIES 07-426 

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EXTRADITION 

 Treaty Between the 

UNITED STATES OF AMERICA 

and the UNITED KINGDOM OF 

GREAT BRITAIN AND 

NORTHERN IRELAND 

Signed at Washington March 31, 2003 

 with 

Exchanges of Letters 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 UNITED KINGDOM OF GREAT BRITAIN 

 AND NORTHERN IRELAND 

 Extradition 

Treaty signed at Washington March 31, 2003; 

Transmitted by the President of the United States of America 

 to the Senate April 19, 2004 (Treaty Doc. 108-23, 

 108th Congress, 2d Session); 

Reported favorably by the Senate Committee on Foreign Relations 

 September 7, 2006 (Senate Executive Report No. 109-19, 

 109th Congress, 2d Session); 

Advice and consent to ratification by the Senate 

 September 29, 2006; 

Ratified by the President December 6, 2006; 

Entered into force April 26, 2007. 

With exchanges of letters. 
EXTRADITION TREATY

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN

AND NORTHERN IRELAND
TABLE OF CONTENTS

Article 1 Obligation to Extradite

Article 2 Extraditable Offenses

Article 3 Nationality

Article 4 Political and Military

Offenses

Article 5 Prior Prosecution

Article 6 Statute of Limitations

Article 7 .Capital Punishment

Article 8 Extradition Procedures and

Required Documents

Article 9 Authentication of Documents

Article 10 .Additional Information

Article 11 Translation

Article 12 Provisional Arrest

Article 13 Decision and Surrender

Article 14 Temporary and

Deferred Surrender

Article 15 Requests for Extradition

Made by Several States

Article 16 Seizure and Surrender of

Property

Article 17 Waiver of Extradition

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23 Ratification and Entry into

Force

Article 24 Termination

Rule of Specialty

Transit

Representation and Expenses

Consultation

Application
The Government of the United States of America and the Government of the

United Kingdom of Great Britain and Northern Ireland,

Recalling 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 at London, June 8, 1972, as amended by the Supplementary Treaty

between the two States, signed at Washington, June 25, 1985; and

Desiring to provide for more effective cooperation between the two States in the

suppression of crime, and, for that purpose, to conclude a new treaty for the extradition of

offenders;

Have agreed as follows:
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Article 1

Obligation to Extradite

The Parties agree to extradite to each other, pursuant to the provisions of this

Treaty, persons sought by the authorities in the Requesting State for trial or

punishment for extraditable offenses.

Article 2

Extraditable Offenses

1. An offense shall be an extraditable offense 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 one year or more or by a more severe penalty.

2. An offense shall also be an extraditable offense if it consists of an

attempt or a conspiracy to commit, participation in the commission of, aiding or

abetting, counseling or procuring the commission of, or being an accessory before or

after the fact to any offense described in paragraph 1 of this Article.

3. For the purposes of this Article, 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; or

(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.

4. If the offense has been committed outside the territory of the

Requesting State, extradition shall be granted in accordance with the provisions of the

Treaty if the laws in the Requested State provide for the punishment of such conduct

committed outside its territory in similar circumstances. If the laws in the Requested

State do not provide for the punishment of such conduct committed outside of its

territory in similar circumstances, the executive authority of the Requested State, in its

discretion, may grant extradition provided that all other requirements of this Treaty

are met.
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5. If extradition has been granted for an extraditable offense, it may also

be granted for any other offense specified in the request if the latter offense is

punishable by less than one year's deprivation of liberty, provided that all other

requirements for extradition are met.

Article 3

Nationality

Extradition shall not be refused based on the nationality of the person sought.

Article 4

Political and Military Offenses

1. Extradition shall not be granted if the offense for which extradition is

requested is a political offense.

2. For the purposes of this Treaty, the following offenses shall not be

considered political offenses:

(a) 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;

(b) a murder or other violent crime against the person of a Head of

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

State's family;

(c) murder, manslaughter, malicious wounding, or inflicting

grievous bodily harm;

(d) an offense involving kidnaping, abduction, or any form of

unlawful detention, including the taking of a hostage;

(e) placing or using, or threatening the placement or use of, an

explosive, incendiary, or destructive device or firearm capable

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

causing substantial property damage;

(0 possession of an explosive, incendiary, or destructive device

capable of endangering life, of causing grievous bodily harm, or

of causing substantial property damage;
(g) an attempt or a conspiracy to commit, participation in the

commission of, aiding or abetting, counseling or procuring the

commission of, or being an accessory before or after the fact to

any of the foregoing offenses.

3. Notwithstanding the terms of paragraph 2 of this Article, extradition

shall not be granted if the competent authority of the Requested State determines that

the request was politically motivated. In the United States, the executive branch is the

competent authority for the purposes of this Article.

4. The competent authority of the Requested State may refuse extradition

for offenses under military law that are not offenses under ordinary criminal law. In

the United States, the executive branch is the competent authority for the purposes of

this Article.

Article 5

Prior Prosecution

1. 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.

2. The Requested State may refuse extradition when the person sought

has been convicted or acquitted in a third state in respect of the conduct for which

extradition is requested.

3. 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) are still investigating the person sought for the same acts for

which extradition is sought.

Article 6

Statute of Limitations

The decision by the Requested State whether to grant the request for

extradition shall be made without regard to any statute of limitations in either State.
Artie le 7

Capital Puni shment

When the offense for which extradition is sought is punishable by death under the

laws in the Requesting State and is not punishable by death under the laws in the

Requested State, the executive authority in the Requested State may refuse extradition

unless the Requesting State provides an assurance that the death penalty will not be

imposed or, if imposed, will not be carried out.

Article 8

Extradition Procedures and Required Documents

1. All requests for extradition shall be submitted through the diplomatic

channel.

2. All requests for extradition shall be supported by

(a) as accurate a description as possible of the person sought,

together with any other information that wo uld help to establish

identity and probable location;

(b) a statement of the facts of the offense(s);

(c) the relevant text of the law(s) describing the essential elements

of the offense for which extradition is requested;

(d) the relevant text of the law(s) prescribing punishme t for the

offense for which extradition is requested; and

(e) documents, statements, or other types of information s ecified

in paragraphs 3 or 4 of this Article, as applicable.

3. In addition to the requirements in paragraph 2 of this Article, a re quest

for extradition of a person who is sought for prosecution shall be supported by:

(a) a copy of the warrant or order of arrest issued by a judge or

other competent authority;

(b) a copy of the charging document, if any; and

(c) for requests to the United States, such information as would

provide a reasonable basis to believe that the person sought

committed the offense for which extradition is requested.
4. In addition to the requirements in paragraph 2 of this Article, a request

for extradition relating to a person who has been convicted of the offense for which

extradition is sought shall be supported by:

(a) information that the person sought is the person to whom the

finding of guilt refers;

(b) a copy of the judgment or memorandum of conviction or, if a

copy is not available, a statement by a judicial authority that the

person has been convicted;

(c) a copy of the sentence imposed, if the person sought has been

sentenced, and a statement establishing to what extent the

sentence has been carried out; and

(d) in the case of a person who has been convicted in absentia,

information regarding the circumstances under which the

person was voluntarily absent from the proceedings.

Article 9

Authentication of Documents

The documents that support an extradition request shall be deemed to be

authentic and shall be received in evidence in extradition proceedings without further

proof if:

(a) regarding a request from tb.e United States

(i) they are authenticated by the oath of a witness, or

(ii) they purport to be signed by a judge, magistrate, or

officer of the United States and they purport to be

certified by being sealed with the official seal of the

Secretary of State of the United States;

(b) regarding a request from the United Kingdom, they are certified

by the principal diplomatic or principal consular officer of the

United States resident in the United Kingdom, as provided by

the extradition laws of the United States;

(c) regarding a request from a territory of the United Kingdom,

they are certified either by the principal diplomatic or principal

consular officer of the United States responsible for that

territory; or
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(d) regarding a request from either Party, they are certified or

authenticated in any other manner acceptable under the law in

the Requested State.

Article 10

Additional Infon-nation

If the Requested State requires additional information to enable a decision to

be taken on the request for extradition, the Requesting State shall respond to the

request within such time as the Requested State requires.

Article 11

Translation

All documents submitted under this Treaty by the Requesting State shall be in

English or accompanied by a translation into English.

Article 12

Provisional Arrest

1. In an urgent situation, the Requesting State may request the provisional

arrest of the person sought pending presentation of the request for extradition. A

request for provisional arrest may be transmitted through the diplomatic channel or

directly between the United States Department of Justice and such competent

authority as the United Kingdom may designate for the purposes of this Article.

2. The application for provisional arrest shall contain.

(a) a description of the person sought;

(b) the location of the person sought, if known;

(c) a brief statement of the facts of the case including, if possible,

the date and location of the offense(s);

(d) a description of the law(s) violated;

(e) a statement of the existence of a warrant or order of arrest or a

finding of guilt or judgment of conviction against the person

sought; and

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(0 a statement that the supporting documents for the person sought

will follow within the time specified in this Treaty.

3. The Requesting State shall be notified without delay of the disposition

of its request for provisional arrest and the reasons for any inability to proceed with

the request.

4. A person who is provisionally arrested may be discharged from

custody upon the expiration of sixty (60) days from the date of provisional arrest

pursuant to this Treaty if the executive authority of the Requested State has not

received the formal request for extradition and the documents supporting the

extradition request as required in Article 8. For this purpose, receipt of the formal

request for extradition and supporting documents by the Embassy of the Requested

State in the Requesting State shall constitute receipt by the executive authority of the

Requested State.

5. The fact that the person sought has been discharged from custody

pursuant to paragraph 4 of this Article shall not prejudice the subsequent re-arrest and

extradition of that person if the extradition request and supporting documents are

delivered at a later date.

Article 13

Decision and Surrender

1. The Requested State shall promptly notify the Requesting State of its

decision on the request for extradition. Such notification should be transmitted

directly to the competent authority designated by the Requesting State to receive such

notification and through the diplomatic channel.

2. If the request is denied in whole or in part, the Requested State shall

provide reasons for the denial. The Requested State shall provide copies of pertinent

judicial decisions upon request.

3. If the request for extradition is granted, the authorities of the

Requesting and Requested States shall agree on the time and place for the surrender of

the person sought.

4. 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, that person may be

discharged from custody, and the Requested State, in its discretion, may subsequently

refuse extradition for the same offense(s).
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Article 14

Temporary and Deferred Surrender

1. If the extradition request is granted for a person who is being

proceeded against or is serving a sentence in the Requested State, the Requested State

may temporarily surrender the person sought to the Requesting State for the purpose

of prosecution. If the Requested State requests, 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.

2. The Requested State may postpone the extradition proceedings against

a person who is being prosecuted or who is serving a sentence in that State. The

postponement may continue until the prosecution of the person sought has been

concluded or until such person has served any sentence imposed.

Article 15

Requests for Extradition Made by Several States

If the Requested State receives requests from two or more States for the

extradition of the same person, either for the same offense or for different offenses,

the executive authority of the Requested State shall determine to which State, if any, it

will surrender the person. In making its decision, the Requested State shall consider

all relevant factors, including but not limited to:

(a) whether the requests were made pursuant to a treaty;

(b) the place where each offense was committed;

(c) the gravity of the offenses,

(d) the possibility of any subsequent extradition between the

respective Requesting States; and

(e) the chronological order in which the requests were received

from the respective Requesting States.

Article 16

Seizure and Surrender of Property

1. To the extent permitted under its law, the Requested State may seize

and surrender to the Requesting State all items in whatever form, and assets, including
proceeds, that are connected with the offense in respect of which extradition is

granted. The items and assets mentioned in this Article may be surrendered even when

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

person sought.

2. 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.

Article 17

Waiver of Extradition

If the person sought waives extradition and agrees to be surrendered to the

Requesting State, the Requested State may surrender the person as expeditiously as

possible without further proceedings.

Article 18

Rule of Specialty

1. A person extradited under this 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 on

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 specialty and thereby consents to the

person's detention, trial, or punishment. For the purpose of this

subparagraph:

(i) the executive authority of the Requested State may

require the submission of the documentation called for

in Article 8; and

(ii) the person extradited may be detained by the Requesting

State for 90 days, or for such longer period of time as

the Requested State may authorize, while the request for

consent is being processed.
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2. A person extradited under this Treaty may not be the subject of onward

extradition or surrender for any offense committed prior to extradition to the

Requesting State unless the Requested State consents.

3. Paragraphs 1 and 2 of this Article shall not prevent the detention, trial,

or punishment of an extradited person, or the extradition of the person to a third State,

if the person:

(a) leaves the territory of the Requesting State after extradition and

voluntarily returns to it; or

(b) does not leave the territory of the Requesting State within 20

days of the day on which that person is free to leave.

4. If the person sought waives extradition pursuant to Article 17, the

specialty provisions in this Article shall not apply.

Article 19

Transit

1. Either State may authorize transportation through its territory of a

person surrendered to the other State by a third State or from the other State to a third

State. A request for transit shall contain a description of the person being transported

and a brief statement of the facts of the case. A person in transit shall be detained in

custody during the period of transit.

2. Authorization is not required when air transportation is used by one

State and no landing is scheduled on the territory of the other State. If an unscheduled

landing does occur, the State in which the unscheduled landing occurs may require a

request for transit pursuant to paragraph 1 of this Article, and it may detain the person

until the request for transit is received and the transit is effected, as long as the request

is received within 96 hours of the unscheduled landing.

Article 20

Representation and Expenses

1. The Requested State shall advise, assist, and appear on behalf of, the

Requesting State in any proceedings in the courts of the Requested State arising out of

a request for extradition or make all necessary arrangements for the same.

2. The Requesting State shall pay all the expenses related to the

translation of extradition documents and the transportation of the person surrendered.

The Requested State shall pay all other expenses incurred in that State in connection

with the extradition proceedings.
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3. Neither State shall make any pecuniary claim against the other State

arising out of the arrest, detention, examination, or surrender of persons under this

Treaty.

Article 21

Consultation

The Parties may consult with each other in connection with the processing of

individual cases and in furtherance of efficient implementation of this Treaty.

Article 22

Application

1. This Treaty shall apply to offenses committed before as well as after

the date it enters into force.

2. This Treaty shall apply:

(a) in relation to the United Kingdom: to Great Britain and Northern

Ireland, the Channel Islands, the Isle of Man; and to any territory

for whose international relations the United Kingdom is

responsible and to which this agreement has been extended by

agreement of the Parties, and

(b) to the United States of America.

3. The application of this Treaty to any territory in respect of which

extension has been made in accordance with paragraph 2 of this Article may be

terminated by either State giving six months' written notice to the other through the

diplomatic channel.

4. A request by the United States for the extradition of an offender who is

found in any of the territories to which this Treaty applies in accordance with

paragraph 2 of this Article may be made to the Governor or other competent authority

of that territory, who may take the decision himself or refer the matter to the

Government of the United Kingdom for its decision. A request on the part of any of

the territories to which this Treaty applies in accordance with paragraph 2 of this

Article for the extradition of an offender who is found in the United States of America

may be made to the Government of the United States by the Governor or other

competent authority of that territory.
Article 23

Ratification and Entry into Force

1. This Treaty shall be subject to ratification; the instruments of

ratification shall be exchanged as soon as possible.

2. This Treaty shall enter into force upon the exchange of the instruments

of ratification.

3. Upon the entry into force of this Treaty, the Extradition Treaty signed

at London on June 8, 1972, and the Supplementary Treaty signed at Washington on

June 25, 1985, (together, "the prior Treaty") shall cease to have any effect as between

the United States and the United Kingdom, except as otherwise provided below. The

prior Treaty shall apply to any extradition proceedings in which the extradition

documents have already been submitted to the courts of the Requested State at the

time this Treaty enters into force, except that Article 18 of this Treaty shall apply to

persons found extraditable under the prior Treaty.

4. The prior Treaty shall also apply to any territory to which it has been

extended in accordance with Article II of that Treaty, until such time as the provisions

of this Treaty have been extended to such a territory under Article 22(2).

Article 24

Termination

Either State may terminate this Treaty at any time by giving written notice to

the other State through the diplomatic channel, and the termination shall be effective

six months after the date of receipt of such notice.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their

respective Governments, have signed this Treaty.

DONE at , in duplicate, this a I day 2003.

viakS tr

FOR THE GO RNME i ( AL E

UNITED KINGDOM OF GREAT BRITA

AND NORTHERN IRELAND:

FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA:

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