[Senate Treaty Document 105-15]
[From the U.S. Government Publishing Office]



105th Congress                                              Treaty Doc.
                                 SENATE

 1st Session                                                     105-15
_______________________________________________________________________


 
            THIRD SUPPLEMENTARY EXTRADITION TREATY WITH SPAIN

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  THIRD SUPPLEMENTARY EXTRADITION TREATY BETWEEN THE UNITED STATES OF 
  AMERICA AND THE KINGDOM OF SPAIN, SIGNED AT MADRID ON MARCH 12, 1996





 July 10, 1997.--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, July 10, 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 Third 
Supplementary Extradition Treaty Between the United States of 
America and the Kingdom of Spain, signed at Madrid on March 12, 
1996 (the ``Treaty'').
    In addition, I transmit, for the information of the Senate, 
the report of the Department of State with respect to the 
Treaty. As the report explains, the Treaty will not require 
implementing legislation.
    This Treaty will, upon entry into force, enhance 
cooperation between law enforcement communities of both 
countries. It will thereby make a significant contribution to 
international law enforcement efforts.
    The provisions in this Treaty are consistent with United 
States extradition policy.
    I recommend that the Senate give early and favorable 
consideration to the Treaty and give its advice and consent to 
ratification.

                                                William J. Clinton.


                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                         Washington, June 13, 1997.
The President,
The White House.
    The President: I have the honor to submit to you the Third 
Supplementary Extradition Treaty between the United States of 
America and the Kingdom of Spain (``the Treaty''), signed at 
Madrid on March 12, 1996. Upon entry into force, it will amend 
the Treaty on Extradition between the United States of America 
and the Kingdom of Spain that was signed at Madrid on May 29, 
1970 and that entered into force on June 16, 1971, as amended 
by the Supplementary Treaty on Extradition signed at Madrid on 
January 25, 1975, and entered into force on June 2, 1978, and 
the Second Supplementary Treaty of Extradition signed at Madrid 
on February 9, 1988, and entered into force on July 2, 1993 
(hereinafter ``the Extradition Treaty''). I recommend that the 
Treaty be transmitted to the Senate for its advice and consent 
to ratification.
    The Treaty will eliminate the significant problems that 
have arisen in our extradition practice with Spain concerning 
statutes of limitation and will ensure that an amnesty granted 
by the State receiving an extradition request is not a bar to 
extradition and that simplified extradition (i.e., a waiver of 
the full extradition process) is possible. The treaty 
represents part of a concerted effort by the Department of 
State and the Department of Justice to develop and improve 
modern extradition relationships to enhance the ability of the 
United States to prosecute serious offenders including, 
especially, narcotics traffickers and terrorists. The Treaty 
does not require implementing legislation.
    Article 1 inserts a new Article II Bis into the Extradition 
Treaty that would eliminate two potential impediments to 
extradition: expiration of the statute of limitations in the 
Requested State and an amnesty granted by the Requested State. 
The new article removes the statute of limitations as a basis 
for denying extradition, even if prosecution or execution of a 
sentence would have been barred by the statute of limitations 
in the Requested State, and declares that the Requested State 
is bound by a statement from the Requesting State that its 
statute of limitations does not bar prosecution or execution of 
the sentence in the case at hand. In addition, the new article 
provides that amnesties, which are occasionally promulgated in 
Spain (and only rarely under United States law), will not bar 
extradition of fugitives sought by one Party for offenses that 
are the subject of an amnesty in the other Party.
    Article 2 makes Article V(A) of the Extradition Treaty 
consistent with new Article II Bis by deleting the provision 
permitting denial of extradition on the basis of the statute of 
limitations of either Party.
    Article 3 deletes as no longer relevant the reference in 
Article X(B)(3) of the Extradition Treaty to legal texts on 
statutes of limitations and adds a new paragraph 4 to Article 
X(B) that requires the formal extradition documentation to 
include ``a statement that neither the prosecution nor the 
execution of the penalty are barred according to the 
legislation of the Requesting Party.''
    Article 4 adds a new Article XVI Bis to the Extradition 
Treaty that permits the Requested Party to surrender a person 
sought for extradition without submission of the formal 
extradition documentation normally required under Article X of 
the Extradition Treaty, if the person sought freely consents to 
such surrender before a judicial authority. The consent of the 
person sought may include a waiver of the rule of speciality, 
as provided by Article XIII of the Extradition Treaty.
    Article 5 declares that the Supplementary Treaty shall be 
an integral part of the Extradition Treaty and sets forth the 
conditions for its entry into force. The supplementary Treaty 
is subject to ratification and shall enter into force thirty 
days after the exchange of the instruments of ratification.
    A Technical Analysis explaining in Detail the provisions of 
the Treaty has been 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 Treaty by the Senate at an early 
date.
    Respectfully submitted,
                                                Madeleine Albright.




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