Document ID: chunk:federal_register_of_legislation:F2007L00845:body:0:p2
Version: federal_register_of_legislation:F2007L00845
Segment Type: other
Provision Reference: 
Character Range: 2759–5578

of Relations between the United States and Cuba, signed at Washington, May 29, 1934 and entered into force June 9, 1934;
          2. "sentence" means any punishment or measure involving deprivation of liberty ordered by a United States military commission, on account of a criminal offense;
          3. "judgment" means a decision or order of a United States military commission imposing a sentence;
          4. "prisoner" means a person sentenced to a term of imprisonment by a United States military commission;
          5. "United States military commission" means a military commission established pursuant to the Military Commissions Act of 2006 and the United States Code.;
          6. "United States Code" refers to chapter 47A of title 10 of the United States Code, as amended by section 3(a) of the Military Commissions Act of 2006; and
          7. "national of Australia" means a person who is an Australian citizen; or is permitted to travel to, enter and remain in Australia indefinitely pursuant to the Migration Act 1958 and has community ties with a State or a Territory.

Paragraph 2 – General principles

 1.                The undersigned Governments are to afford each other the widest measure of cooperation in respect of the transfer of prisoners in accordance with the provisions of this Arrangement.

2.                   A person sentenced by a United States military commission in the applicable United States area may be transferred to Australia in accordance with the provisions of this Arrangement, in order to serve the sentence imposed on him or her.

3. Transfer may be requested only by the Government of Australia or the Government of the United States of America, upon application to either by a prisoner desiring to be transferred under this Arrangement.

Paragraph 3 – Duty to furnish information

1. Any national of Australia charged with an offense or offenses before a United States military commission is to be informed of the substance of this Arrangement.

2. Any prisoner to whom this Arrangement may apply is to be afforded the opportunity to apply for transfer.

3. If the prisoner expresses an interest to the Government of the United States of America in being transferred under this Arrangement, the Government of the United States of America is to so inform the Government of Australia as soon as practicable, and after the judgment becomes final, is to promptly make available to the prisoner means whereby he or she may communicate with a representative of the Government of Australia.

4. The prisoner is to be informed, in writing, of any action taken by the Government of the United States of America or the Government of Australia under the preceding paragraphs, as well as of any decision taken by either Government on a request for transfer under Paragraph