[Senate Treaty Document 105-16]
[From the U.S. Government Publishing Office]
105th Congress Treaty Doc.
SENATE
1st Session 105-16
_______________________________________________________________________
EXTRADITION TREATY WITH CYPRUS
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS, SIGNED AT
WASHINGTON ON JUNE 17, 1996
July 28, 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 28, 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 Extradition
Treaty between the Government of the United States of America
and the Government of the Republic of Cyprus (``the Treaty''),
signed at Washington on June 17, 1996.
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 the law enforcement communities of both
countries. It will thereby make a significant contribution to
international law enforcement efforts.
The provisions in this Treaty follow generally the form and
content of extradition treaties recently concluded by the
United States.
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
Extradition Treaty between the Government of the United States
of America and the Government of the Republic of Cyprus (``the
Treaty''), signed at Washington on June 17, 1996. I recommend
that the Treaty be transmitted to the Senate for its advice and
consent to ratification.
The Treaty follows closely the form and content of
extradition treaties recently concluded by the United States.
The treaty represents part of a concerted effort by the
Department of State and the Department of Justice to develop
modern extradition relationships to enhance the United States
ability to prosecute serious offenders including, especially,
narcotics traffickers and terrorists.
The Treaty marks a significant step in bilateral
cooperation between the United States and Cyprus. Upon entry
into force, it will replace the Extradition Treaty between the
United States and Great Britain signed at London on December
22, 1931, which was made applicable to Cyprus upon entry into
force on June 24, 1935 and which the United States and Cyprus
have continued to apply following Cypriot independence. That
treaty has become outmoded, and the new Treaty will provide
significant improvements. The Treaty does not require
implementing legislation.
Article 1 obligates each Contracting State to extradite to
the other, pursuant to the provisions of the Treaty, persons
sought for prosecution for or convicted of an extraditable
offense.
Article 2(1) defines an extraditable offense as one
punishable under the laws of both Contracting States by
deprivation of liberty for a period of more than one year, or
by a more severe penalty. Use of such a ``dual criminality''
clause rather than a list of offenses covered by the Treaty
obviates the need to renegotiate or supplement the Treaty as
additional offenses become punishable under the laws of both
Contracting States.
Article 2(2) defines an extraditable offense to include
also an attempt or a conspiracy to commit, aiding or abetting,
counselling or procuring the commission of or being an
accessory before or after the fact to an extraditable offense.
Additional flexibility is provided by Article 2(3), which
provides that an offense shall be considered an extraditable
offense: (1) 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 (2) whether or
not the offense is one for which United States federal law
requires the proof 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.
With regard to offenses committed outside the territory of
the Requesting State, Article 2(4) provides the parties with
the discretion to grant or deny extradition if the offense for
which extradition is sought would not be punishable under the
laws of the Requested State in similar circumstance. The United
States recognizes the extraterritorial application of many of
its criminal statutes and frequently makes requests for
fugitives whose criminal activity occurred in foreign countries
with the intent, actual or implied, of affecting the United
States. Cyprus did not indicate any anticipated difficulty with
this provision.
When extradition has been granted for an extraditable
offense, Article 2(5) also requires extradition for any other
offense specified in the request, even if punishableby
deprivation of liberty of less than one year, provided that all other
requirements for extradition are met.
Article 3(1) provides that neither Contracting State is
obligated to extradite its nationals, but a Requested State may
do so unless otherwise provided by its laws and Constitution.
Article 3(2) requires the Requested State, if it denies
extradition solely on the basis of the nationality of the
person sought, to submit the case to its authorities for
prosecution.
As is customary in extradition treaties, Article 4
incorporates a political and military offenses exception to the
obligation to extradite. Article 4(1) states generally that
extradition shall not be granted for an offense of a political
character.
Article 4(2) specifies three categories of offenses that
shall not be considered to be political offenses:
(a) a murder or other willful crime against the
person of a Head of State of one of the Contracting
States, or of a member of the Head of State's family;
(b) an offense for which both Contracting States are
obliged pursuant to a multilateral international
agreement to extradite the person sought or to submit
the case to their competent authorities for a decision
as to prosecution; and
(c) a conspiracy or attempt to commit any of the
offenses described above, or aiding and abetting a
person who commits or attempts to commit such offenses.
The Treaty's political offense exception is substantially
identical to that contained in several other modern extradition
treaties, including the treaty with Jordan, which recently
received Senate advice and consent. Offenses covered by Article
4(2)(b) include:
--aircraft hijacking covered by 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 (22 U.S.T. 1641; TIAS No. 7192); and,
--aircraft sabotage covered by 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, (24 U.S.T.
564; TIAS No. 7570).
Article 4(3) provides that extradition shall not be granted
if the executive authority of the Requested State determines
that the request was politically motivated.
Article 4(4) permits the executive authority of the
Requested State to deny extradition for military offenses that
are not offenses under ordinary criminal law (for example,
desertion).
Article 5 bars extradition when the person sought has been
convicted or acquitted in the Requested State for the same
offense, but does not bar extradition if the competent
authorities in the Requested State have declined to prosecute
or have decided to discontinue criminal proceedings against the
person sought.
Article 6(1) permits refusal of extradition in cases where
an offense for which extradition is sought is punishable by
death under the laws in the Requesting State but not in the
Requested State, unless the Requesting State (if so requested)
provides assurances that the death penalty, if imposed, will
not be carried out. Article 6(2) states that, in cases where an
assurance under Article 6(1) is provided, the death penalty
will not be carried out, if imposed by the courts of the
Requesting State.
Article 7 enables extradition requests to be granted
irrespective of statutes of limitations in either the
Requesting or Requested State.
Article 8 establishes the procedures and describes the
documents that are required to support an extradition request.
Article 8(1) requires that all requests be submitted through
the diplomatic channel. Article 8(3)(c) provides that a request
for the extradition of a person sought for prosecution be
supported by a statement of the facts of the case disclosing
reasonable grounds to believe that an offense was committed and
that the person sought committed it.
Article 9 establishes the procedures under which documents
submitted pursuant to the provisions of this Treaty shall be
received and admitted into evidence.
Article 10 declares that all documents submitted by the
Requesting State shall be either in the language of the
Requesting State or in the language of the Requested State, but
gives the Requested State the right to require a translation
into its language.
Article 11 sets forth procedures for the provisional arrest
and detention of a person sought pending presentation of the
formal request for extradition. Article 11(4) provides that if
the Requested State's executive authority has not received the
formal request for extradition and supporting documentation
within sixty days after the provisional arrest, the person may
be discharged from custody. Article 11(5) provides explicitly
that discharge from custody pursuant to Article 11(4) does not
prejudice subsequent rearrest and extradition of that person
upon later delivery of the extradition request and supporting
documents.
Article 12 specifies the procedures governing surrender and
return of persons sought. It requires the Requested State to
provide prompt notice to the Requesting State through the
diplomatic channel regarding its extradition decision. If the
request is denied in whole or in part, Article 12 requires the
Requested State to provide information regarding the reasons
therefor. If extradition is granted, the authorities of the
Contracting States shall agree on the time and place for
surrender of the person sought. If the person sought is not
removed from the territory of the Requested State within the
time prescribed by its law, the person may be released, and the
Requested State may subsequently refuse extradition for the
same offense.
Article 13 concerns temporary and deferred surrender. If a
person whose extradition is sought is being prosecuted or is
serving a sentence in the Requested State, that State may
temporarily surrender the person sought to the Requesting State
solely for the purpose of prosecution. Alternatively, the
Requested State may postpone the extradition proceedings
against a person who is being prosecuted or who is serving a
sentence in that State until its prosecution has been concluded
and the sentence has been served.
Article 14 sets forth a non-exclusive list of factors to be
considered by the Requested State is determining to which State
to surrender a person sought by more than one State.
Article 15 provides for the seizure and surrender to the
Requesting State of property connected with the offense for
which extradition is granted, to the extent permitted under the
law of the Requested State. Such property may be surrendered
even when extradition cannot be effected due to the death,
disappearance, or escape of the person sought. Surrender of
property may be deferred if it is needed as evidence in the
Requested State and may be conditioned upon satisfactory
assurances from the Requesting State that it will be returned.
Article 15(3) imposes an obligation to respect the rights of
third parties in affected property.
Article 16 sets forth the rule of speciality. It provides,
subject to specific exceptions, that a person extradited under
the Treaty may not be detained, tried, or punished for an
offense committed prior to extradition other than that for
which extradition has been granted, unless the executive
authority of the Requested State consents. Similarly, the
requesting State may not extradite such person to a third state
for an offense committed prior to the original surrender unless
the executive authority of the Requested State consents. These
restrictions do not apply if the extradited person leaves the
Requesting State after extradition and voluntarily returns to
it or fails to leave the Requesting State within ten days of
being free to do so.
Article 17 permits surrender to the Requesting State
without further proceedings if the person sought formally
consents by way of affidavit or otherwise.
Article 18 governs the transit through the territory of one
Contracting State of a person being surrendered to the other
State by a third State.
Article 19 contains provisions on representation and
expenses that are similar to those found in other modern
extradition treaties. Specifically, the Requested State
isrequired to represent the interests of the Requesting State in any
proceedings arising out of a request for extradition. The Requesting
State is required to bear the expenses related to the translation of
documents and the transportation of the person surrendered. Article
19(3) clarifies that neither State shall make any pecuniary claim
against the other State arising out of the arrest, detention,
examination, or surrender of persons sought under the Treaty.
Article 20 states that the United States Department of
Justice and the Ministry of Justice and Public Order in Cyprus
may consult with each other directly or through the facilities
of INTERPOL in connection with the processing of individual
cases and in furtherance of maintaining and improving Treaty
implementation procedures.
Article 21, like the parallel provision in almost all
recent United States extradition treaties, states that the
Treaty shall apply to offenses committed before as well as
after the date the Treaty enters into force.
Ratification and entry into force are addressed in Article
22. That Article provides that the Parties shall exchange
instruments of ratification, whereupon the Treaty shall enter
into force. Upon entry into force, the Extradition Treaty
between the United States of America and Great Britain, signed
at London December 22, 1931, shall cease to have effect between
the United States and Cyprus, except for pending extradition
proceeding in which the documents have already been submitted
to the courts of the Requested State at the time the Treaty
enters into force (with Articles 16 and 17 of the new Treaty
applicable to such proceedings).
Under Article 23, either Contracting State may terminate
the Treaty at any time upon written notice to the other Party
through the diplomatic channel with termination to become
effective six months after the date of such notice.
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.
Respectively submitted,
Madeleine Albright.