[Senate Treaty Document 104-8]
[From the U.S. Government Publishing Office]



   104th Congress 1st            SENATE              Treaty Doc.
         Session
                                                        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.
  
                         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.  
  
                          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 Suppression 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.
    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.