TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13066 

________________________________________________________________________ 

EXTRADITION 

 Treaty Between the 

UNITED STATES OF AMERICA 

and SRI LANKA 

Signed at Washington September 30, 1999 

 
 

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.” 
 

 SRI LANKA 

 Extradition 

Treaty signed at Washington September 30, 1999; 

Transmitted by the President of the United States of America 

 to the Senate June 27, 2000 (Treaty Doc. 106-34, 

 106th Congress, 2d Session); 

Reported favorably by the Senate Committee on Foreign Relations 

 September 27, 2000 (Senate Executive Report No. 106-26, 

 106th Congress, 2d Session); 

Advice and consent to ratification by the Senate 

 October 18, 2000; 

Ratified by the President December 23, 2000; 

Ratified by Sri Lanka November 27, 2000; 

Ratifications exchanged at Washington January 12, 2001; 

Entered into force January 12, 2001. 
EXTRADITION TREATY

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE DEMOCRATIC

SOCIALIST REPUBLIC OF SRI LANKA
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 Lapse of Time

Article 7 Capital Punishment

Article 8 Extradition Procedures and

Required Documents

Article 9 Admissibility of Documents

Article 10 Language

Article 11 Provisional Arrest

Article 12 Decision and Surrender

Article 13 Temporary and Deferred

Surrender

Article 14 Requests for Extradition

Made by Several States

Article 15 Seizure and Surrender of

Property

Article 16 Rule of Speciality

Article 17 Waiver of Extradition

Article 18 Transit

Article 19 Representation and Expenses

Article 20 Consultation

Article 21 Application

Article 22 Ratification and Entry into

Force

Article 23 Termination
The Government of the United States of America and the Government of the

Democratic Socialist Republic of Sri Lanka,

Recalling the extradition treaty applicable between the Contracting States, the

Treaty for the Mutual Extradition of Criminals between the United States of America and

Great Britain, signed at London, December 22, 1931,

Noting that the Contracting States currently apply the terms of that Treaty, 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:
2Article 1

Obligation to Extradite

The Contracting States 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 an extraditable offense.

Article 2

Extraditable Offenses

1. An offense shall be an extraditable offense if it is punishable under the laws

in both Contracting States by deprivation of liberty for a period of more than one year 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, 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.

3.	For the purposes of this Article, an offense shall be an extraditable offense:

(a) 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

(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 merely for the purpose of establishing

jurisdiction in a United States federal court.

4.	Extradition shall be granted for an extraditable offense regardless of where

the act or acts constituting the offense were committed.

5.	If extradition has been granted for an extraditable offense, it shall also be

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

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

requirements for extradition are met.
3Article 3 Nationality

Extradition shall not be refused on the ground that the person sought is a national

of the Requested State.

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 to be political offenses:

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

State or Head of Government of one of the Contracting States, or of

a member of the Head of State's or Head of Government's family;

(b) aircraft hijacking offenses, as described in the Convention for the

Suppression of Unlawful Seizure of Aircraft, done at the Hague on

December 16, 1970;

(c) acts of aviation sabotage, as described in the Convention for the

Suppression of Unlawful Acts Against the Safety of Civil Aviation,

done at Montreal on September 23, 1971;

(d) crimes against internationally protected persons, including

diplomats, as described in the Convention on the Prevention and

Punishment of Crimes Against Internationally Protected Persons,

including Diplomatic Agents, done at New York on December 14,

1973;

(e) acts of violence at airports, as described in the Protocol for the

Suppression of Unlawful Acts of Violence at Airports Serving

International Civil Aviation, supplementary to the Convention for

the Suppression of Unlawful Acts Against the Safety of Civil

Aviation, done at Montreal on February 24, 1988;

(f) any other offense for which both Contracting States have the

obligation pursuant to a multilateral international agreement to
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extradite the person sought or to submit the case to their competent

authorities for decision as to prosecution; and

(g) a conspiracy or attempt to commit any of the foregoing offenses, or

aiding or abetting a person who commits or attempts to commit such

offenses.

3. Notwithstanding paragraph 2 of this Article, extradition shall not be.

granted if the executive authority of the Requested State determines that the request was

politically motivated.

4. The executive authority of the Requested State may refuse extradition for

offenses under military law which are not offenses under ordinary criminal law.

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. Extradition shall not be precluded by the fact that the authorities in the

Requested State have decided not to prosecute the person sought for the acts for which

extradition is requested, or to discontinue any criminal proceedings which have been

instituted against the person sought for those acts.

Article 6

Lapse of Time

Extradition shall not be barred because of the laws relating to lapse of time of

either the Requesting State or the Requested State.
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Article 7

Capital Punishment

1.	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 Requested State may refuse extradition unless:

(a) the offense constitutes murder under the laws in the Requested

State; or

(b) the Requesting State provides such assurances as the Requested

State considers sufficient that the death penalty will not be imposed

or, if imposed, will not be carried out.

2.	In instances in which a Requesting State provides an assurance in

accordance with paragraph (1)(b) of this Article, the death penalty, if imposed by the

courts of the Requesting State, shall 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 shall be supported by:

(a) documents, statements, or other types of information which describe

the identity, and probable location of the person sought;

(b) information describing the facts of the offense and the procedural

history of the case;

(c) a statement of the laws describing the essential elements of the

offense for which extradition is requested;

(d) a statement of the provisions of law prescribing punishment for the

offense; and

(e) documents, statements, or other types of information specified in

paragraph 3 or paragraph 4 of this Article, as applicable.
6 3. A request for extradition of a person who is sought for prosecution shall

also be supported by:

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

other competent authority of the Requesting State;

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

(c) such information as would provide a reasonable basis to believe that

the person to be extradited committed the offense for which

extradition is requested and is the person named in the warrant of

arrest.

4. A request for extradition relating to a person who has been found guilty of

the offense for which extradition is sought shall also be supported by:

(a) a copy of the judgment of conviction or, if such copy is not available,

a statement by a judicial authority that the person has been found

guilty;

(b) information establishing that the person sought is the person to

whom the finding of guilt refers;

(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 found guilty in absentia, the

documents required by paragraph 3.

Article 9

Admissibility of Documents

The documents which accompany an extradition request shall be received and

admitted as evidence in extradition proceedings if:

(a) in the case of a request from the United States, they are signed or

certified by a judge, magistrate, or an official of the United States,

and sealed with the official seal of a competent authority of the

United States;

(b) in the case of a request from Sri Lanka, they are certified by the

principal diplomatic or principal consular officer of the
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United States resident in Sri Lanka, as provided by the extradition

laws of the United States; or

(c) they are certified or authenticated in any other manner accepted by

the law of the Requested State.

Article 10

Language

All documents submitted by the Requesting State shall be in English.

Article 11

Provisional Arrest

1. In case of urgency, a Contracting 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. In exceptional

cases of unusual urgency, a request may be transmitted directly between the United States

Department of Justice and the Sri Lankan Ministry of Justice. The facilities of the

International Criminal Police Organization (INTERPOL) may be used to transmit such a

request.

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

time and location of the offense;

(d) a description of the laws violated;

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

guilt or judgment of conviction against the person sought; and

(f) a statement that a request for extradition for the person sought will

follow.

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

application and the reasons for any denial.
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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 supporting documents required in Article 8.

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

to paragraph 4 of this Article shall not prejudice the subsequent rearrest and extradition

of that person if the extradition request and supporting documents are delivered at a later

date.

Article 12

Decision and Surrender

1. The Requested State shall promptly notify the Requesting State through the

diplomatic channel of its decision on the request for extradition.

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

provide the 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 Contracting

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 prescribed by the law of that State, that person may be discharged

from custody, and the Requested State may subsequently refuse extradition for the same

offense.

Article 13

Temporary and Deferred Surrender

1. If the extradition request is granted in the case of a person who is being

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

may, subject to its laws, temporarily surrender the person sought to the Requesting State

for the purpose of prosecution. The person so surrendered shall be kept in custody in the

Requesting State and shall be returned to the Requested State after the conclusion of the
9

proceedings against that person, in accordance with conditions determined by mutual

agreement of the Contracting 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 14

Requests for Extradition Made by Several States

If the Requested State receives requests from the other Contracting State and from

any other State or States for the extradition of the same person, either for the same

offense or for different offenses, the executive authority of the Requested State, in

consultation with the Requesting State, shall determine to which State it will surrender

the person.

Article 15

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 articles, documents, and evidence connected with

the offense in respect of which extradition is granted. The items 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 property 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 property if it is needed as evidence in the Requested State.

3. The rights of third parties in such property shall be duly respected.
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Article 16

Rule of Speciality

1.	A person extradited under this Treaty may not be detained, tried, or

punished in the Requesting State except for:

(a) the offense for which extradition has been granted or a differently

denominated offense based on the same facts on which extradition

was granted, provided such offense is extraditable, or is a lesser

included offense;

(b) an offense committed after the extradition of the person; or

(c) an offense for which the executive authority of the Requested State

consents to the person's detention, trial, or punishment. For the

purpose of this subparagraph:

(i) the Requested State may require the submission of the

documents 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 is being

processed.

	2.	A person extradited under this Treaty may not be extradited or

surrendered to a third State or an international tribunal for an offense committed prior

to that person's surrender unless the surrendering 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 or surrender of that person to a

third State or an international tribunal, if:

(a) that person leaves the territory of the Requesting State after

extradition and voluntarily returns to it; or

(b) that person does not leave the territory of the Requesting State

within 10 days with respect to the territory of the United States and

within 45 days with respect to the territory of Sri Lanka of the day

on which that person is free to leave.
11Article 17 Waiver of Extradition

If the person sought consents to surrender to the Requesting State, the Requested

State may, subject to its laws, surrender the person as expeditiously as possible without

further proceedings.

Article 18

Transit

1. Either Contracting State may authorize transportation through its territory

of a person surrendered to the other State by a third State. A request for transit shall be

transmitted through the diplomatic channel or directly between the United States

Department of Justice and the Sri Lankan Ministry of Justice. The facilities of

INTERPOL may also be used to transmit such a request. It shall contain a description of

the person being transported and a brief statement of the facts of the case. A person in

transit may be detained in custody during the period of transit.

2. No authorization is required where air transportation is used and no

landing is scheduled on the territory of the Contracting State. If an unscheduled landing

occurs on the territory of the other Contracting State, the other Contracting State may

require the request for transit as provided in paragraph 1. That Contracting State shall

detain the person to be transported until the request for transit is received and the transit

is effected, so long as the request is received within 96 hours of the unscheduled landing.

Article 19

Representation and Expenses

1. The Requested State shall advise, assist, appear in court, and represent the

interests of the Requesting State, in any proceedings arising out of a request for

extradition.

2. The Requesting State shall bear the expenses related to the translation of

documents and the transportation of the person surrendered. The Requested State shall

pay all other expenses incurred in that State by reason of the extradition proceedings.
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3. Neither Contracting State shall make any pecuniary claim against the other

Contracting State arising out of the arrest, detention, examination, or surrender of

persons sought under this Treaty.

Article 20

Consultation

The United States Department of Justice and the Attorney General's Department

of Sri Lanka may consult with each other directly in connection with the processing of

individual cases and in furtherance of maintaining and improving procedures for the

implementation of this Treaty.

Article 21

Application

This Treaty shall apply to offenses committed before as well as after the date it

enters into force.

Article 22

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 Treaty for the Mutual

Extradition of Criminals between the United States of America and Great Britain, signed

at London, December 22, 1931, shall cease to have any effect between the United States of

America and Sri Lanka. Nevertheless, 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 16 of this Treaty, relating to the Rule of Speciality, shall be applicable to such

proceedings.
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Article 23

Termination

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

notice to the other Contracting State, and the termination shall be effective six months

after the date of such notice.

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

respective Governments have signed this Treaty.

DONE at Washington, in duplicate, in the English language, this thirtieth day of

September, 1999.

FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF

THE DEMOCRATIC SOCIALIST

REPUBLIC OF SRI LANKA: