[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.