[Senate Treaty Document 105-19]
[From the U.S. Government Publishing Office]



105th Congress                                              Treaty Doc.
                                 SENATE

 1st Session                                                     105-19
_______________________________________________________________________


 
  EXTRADITION TREATIES WITH ORGANIZATION OF EASTERN CARIBBEAN STATES

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  EXTRADITION TREATIES BETWEEN THE GOVERNMENT OF THE UNITED STATES OF 
      AMERICA AND THE GOVERNMENTS OF SIX COUNTRIES COMPRISING THE 
      ORGANIZATION OF EASTERN CARIBBEAN STATES (COLLECTIVELY, THE 
 ``TREATIES''). THE TREATIES ARE WITH: ANTIGUA AND BARBUDA, SIGNED AT 
 ST. JOHN'S ON JUNE 3, 1996; DOMINICA, SIGNED AT ROSEAU ON OCTOBER 10, 
   1996; GRENADA, SIGNED AT ST. GEORGE'S ON MAY 30, 1996; ST. LUCIA, 
 SIGNED AT CASTRIES ON APRIL 18, 1996; ST. KITTS AND NEVIS, SIGNED AT 
 BASETERRE ON SEPTEMBER 18, 1996; AND ST. VINCENT AND THE GRENADINES, 
                SIGNED AT KINGSTOWN ON AUGUST 15, 1996.





 July 30, 1997.--Treaties were 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 30, 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 
Treaties between the Government of the United States of America 
and the governments of six countries comprising the 
Organization of Eastern Caribbean States (collectively, the 
``Treaties''). The Treaties are with: Antigua and Barbuda, 
signed at St. John's on June 3, 1996; Dominica, signed at 
Roseau on October 10, 1996; Grenada, signed at St. George's on 
May 30, 1996; St. Lucia, signed at Castries on April 18, 1996; 
St. Kitts and Nevis, signed at Baseterre on September 18, 1996; 
and St. Vincent and the Grenadines, signed at Kingstown on 
August 15, 1996.
    In addition, I transmit, for the information of the Senate, 
the report of the Department of State with respect to the 
Treaties. As the report explains, the Treaties will not require 
implementing legislation.
    The provisions in these Treaties follow generally the form 
and content of extradition treaties recently concluded by the 
United States.
    Each Treaty will enhance cooperation between the law 
enforcement communities in both countries. That will thereby 
make a significant contribution to international law 
enforcement efforts. Upon entry into force of the extradition 
treaties between the United States and Antigua and Barbuda, 
Dominica, St. Kitts and Nevis, St. Lucia, and St. Vincent and 
the Grenadines, the Extradition Treaty between the Government 
of the United States of America and the Government of the 
United Kingdom of Great Britain and Northern Ireland signed 
June 8, 1972, which was made applicable to each of these 
territories upon its entry in force January 21, 1977, and which 
continues to apply between the United States and each of the 
entities subsequent to becoming independent, will cease to have 
any effect between the United States and the respective 
country. Upon entry into force of the Extradition Treaty 
between the United States and Grenada, the Extradition Treaty 
between the United States and Great Britain signed December 22, 
1931, which was made applicable to Grenada upon its entry into 
force on June 24, 1935, and which continues to apply between 
the United States and Grenada, following its becoming 
independent, shall cease to apply between the United States and 
Grenada.
    I recommend that the Senate give early and favorable 
consideration to the Treaties and give its advice and consent 
to ratification.

                                                William J. Clinton.


                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                         Washington, June 12, 1997.
The President,
The White House.
    The President: I have the honor to submit to you 
extradition treaties between the Government of the United 
States of America and the governments of six countries 
comprising the Organization of Eastern Caribbean States (OECS). 
The treaties are with: Antigua and Barbuda, signed at St. 
John's on June 3, 1996; Dominica, signed at Roseau on October 
10, 1996; Grenada, signed at St. George's on May 30, 1996; St. 
Lucis, signed at Castries on April 18, 1996; St. Kitts and 
Nevis, signed at Baseterre on September 18, 1996; and St. 
Vincent and the Grenadines, signed at Kingstown on August 15, 
1996. I recommend that these treaties be transmitted to the 
Senate for its advice and consent to ratification.
    The OECS extradition treaties, which are identical in 
content, follow closely the form and content of extradition 
treaties recently concluded by the United States. The treaties 
represent part of a concerted effort by the Department of State 
and the Department of Justice to develop modern extradition 
relationships in order to enhance the United States ability to 
prosecute serious offenders including, especially, narcotics 
traffickers.
    The treaties mark a significant step in bilateral 
cooperation between the United States and OECS Countries. Upon 
entry into force of the extradition treaties between the United 
States and Antigua and Barbuda, Dominica, St. Kitts and Nevis, 
St. Lucia, and St. Vincent and the Grenadines, the Extradition 
Treaty between the Government of the United States of America 
and the Government of the United Kingdom of Great Britain and 
Northern Ireland signed June 8, 1972, which was made applicable 
to each of these territories upon its entry in force January 
21, 1977, and which continues to apply between the United 
States and each of the countries subsequent to its 
independence, will cease to have effect between the United 
States and these countries. Upon entry into force of the 
Extradition Treaty between the United States and Grenada, the 
Extradition Treaty between the United States and Great Britain 
signed December 22, 1931, which was made applicable to Grenada 
upon its entry into force on June 24, 1935, and which continues 
to apply between the United States and Grenada, following its 
independence, shall cease to apply between the United States 
and Grenada. These treaties had become outmoded, and the new 
treaties will provide significant improvements. The Treaties 
can be implemented without new legislation.
    Article 1 obligates each Contracting State to extradite to 
the other, pursaunt to the provisions of the Treaty, any person 
sought for prosecution or persons who have been convicted of an 
extraditable offense by the authorities in the Requesting 
State.
    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 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 any offense described in 
paragraph 1 of the Treaty.
    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 showing 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 States with 
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 circumstances. 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. None of the OECS countries indicated any anticipated 
difficulty with this provision.
    Article 3 provides that extradition shall not be refused on 
the ground that the person sought is a national of the 
Requested State. Neither Party, in other words, may invoke 
nationality as a basis for denying an extradition.
    As is customary in extradition treaties, Article 4 
incorporates a political offense exception to the obligation to 
extradite. Article 4(1) states generally that extradition shall 
not be granted if the offense for which extradition is 
requested is a political offense. Article 4(2) specifies three 
categories of offenses that shall not be considered to be 
political offenses:
          (a) a murder or other violent 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. Examples of 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 refuse 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 which have 
been instituted against the person sought.
    Article 6 establishes the procedures and describes the 
documents that are required to support an extradition request. 
The Article requires that all requests be submitted through the 
diplomatic channel. Article 6(3)(c) provides that a request for 
the extradition of a person sought for prosecution shall also 
be supported by evidence providing a reasonable basis to 
believe that the person committed the offense for which 
extradition is requested. This is a lesser evidentiary standard 
than that contained in the current extradition treaty, and 
therefore should significantly improve the United States' 
ability to obtain extradition of fugitives from abroad.
    Article 7 establishes the procedures under which documents 
submitted pursuant to the provisions of this Treaty shall be 
received and admitted into evidence.
    Article 8 enables extradition requests to be granted 
irrespective of statutes of limitations in either the 
Requesting or Requested State.
    Article 9 sets forth procedures for the provisional arrest 
and detention of a person sought pending presentation of the 
formal request for extradition. Article 9(4) provides that if 
the Requested State's executive authority has not received the 
request for extradition and supporting documentation within 
forty-five days after the provisional arrest, the person may be 
discharged from custody; this period may be extended for up to 
an additional fifteen days upon the Requesting State's 
application. Article 9(5) provides explicitly that discharge 
from custody pursuant to Article 9(4) does not prejudice 
subsequent rearrest and extradition upon later delivery of the 
extradition request and supporting documents.
    Article 10 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 decision on the request for 
extradition. If the request is denied in whole or in part, 
Article 10(2) requires the Requesting State to provide 
information regarding the reasons therefor. If extradition is 
granted, the person sought must be removed from the territory 
of the Requested State within the time prescribed by its law.
    Article 11 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 to the Requesting State solely 
for the purpose of prosecution. Alternatively, the Requested 
State may postpone the extradition proceedings until its 
prosecution has been concluded or until any sentence imposed 
has been served.
    Article 12 sets forth a non-exclusive list of factors to be 
considered by the Requested State in determining to which State 
to surrender a person sought by more than one State.
    Article 13 provides for the seizure and surrender to the 
Requesting State of articles and evidence 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 that it will be returned. Article 13(3) 
imposes an obligation to respect the rights of third parties in 
affected property.
    Article 14 sets forth the rule of speciality. It provides, 
subject to specific exceptions, that a personextradited under 
the Treaty may not be detained, tried, or punished in the Requesting 
State for an offense other than that for which extradition has been 
granted, unless a waiver of the rule is granted by the executive 
authority of the Requested State. Similarly, the Requesting State may 
not extradite such person to a third state for an offense committed 
prior to the original surrender unless the Surrendering 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 15 permits surrender to the Requesting State 
without further proceedings if the person sought consents to 
surrender.
    Article 16 governs the transit through the territory of one 
Contracting State of a person being surrendered to the other 
State by a third State.
    Article 17 contains provisions on representation and 
expenses that are similar to those found in other modern 
extradition treaties. Specifically, the Requested State is 
required to represent the interests of the Requesting State in 
any proceedings arising out of a request for extradition. The 
States understand that the Requesting State will bear the costs 
in the event it elects to retain private counsel to pursue the 
extradition request. The Requesting State is required to bear 
the expenses related to the translation of documents and the 
transportation of the person surrendered. Article 17(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 18 states that the United States Department of 
Justice and the Attorney General of each OECS country may 
consult with each other directly in connection with the 
processing of individual cases and in furtherance of 
maintaining and improving Treaty implementation procedures. It 
also specifies that consultations may address issues of 
training and technical assistance for prosecutors and other 
legal officials.
    Article 19, like the parallel provision in almost all 
recent United States extradition treaties, states that the 
Treaty shall apply, subject to Article 20(3), to offenses 
committed before as well as after the date the Treaty enters 
into force.
    Ratification and entry into force are addressed in Article 
20. That Article provides that the treaty shall be subject to 
ratification, and instruments of ratification shall be 
exchanged at Washington, whereupon the Treaty shall enter into 
force. Upon entry into force, the Extradition Treaty between 
the United States of America and the United Kingdom of Great 
Britain and Northern Ireland, signed at London on June 8, 1972, 
and entered into force on January 21, 1977, shall cease to have 
effect, with certain noted exceptions, between the United 
States and the countries heretofore noted. The Extradition 
Treaty between the United States and Great Britain that was 
signed at London on December 22, 1931, and entered into force 
on June 24, 1935, likewise will cease to have effect, with 
certain noted exceptions, between the United States and 
Grenada.
    Under Article 21, either Contracting State may terminate 
the Treaty at any time upon written notice to the other 
Contracting State, with termination to become effective six 
months after the date of receipt of such notice.
    Technical Analyses explaining in detail the provisions of 
these Treaties are 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 these Treaties by the Senate at an early 
date.
    Respectfully submitted,
                                                Madeleine Albright.




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