[Senate Treaty Document 105-33]
[From the U.S. Government Publishing Office]



105th Congress                                              Treaty Doc.
  2d Session                     SENATE                        105-33  
_______________________________________________________________________



 
                   EXTRADITION TREATY WITH ZIMBABWE

                               __________

                                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 ZIMBABWE, SIGNED AT 
                        HARARE ON JULY 25, 1997




 January 28, 1998.--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, January 28, 1998.
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 Zimbabwe, signed at 
Harare on July 25, 1997.
    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.
    The provisions in this Treaty follow generally the form and 
content of extradition treaties recently concluded by the 
United States.
    This Treaty will, upon entry into force, enhance 
cooperation between the law enforcement communities of both 
countries, and thereby make a significant contribution to 
international law enforcement efforts. It is the first 
extradition treaty between the two countries.
    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, October 25, 1997.
The President,
The White House.
    The President: I have the honor to submit to you the 
Extradition Treaty between the Government of the Republic of 
Zimbabwe (the ``Treaty''), signed at Harare on July 25, 1997. 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 ability of the 
United States to prosecute serious offenders including, 
especially, narcotics traffickers and terrorists.
    The Treaty marks a significant step in bilateral 
cooperation between the United States and Zimbabwe, as it is 
the first extradition treaty between the two countries. The 
Treaty can be implemented without new legislation.
    Article 1 obligates the Contracting States to extradite to 
the other, pursuant to the provisions of the Treaty, any person 
charged with or convicted of an extraditable offense 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) states that an offense consisting of an 
attempt or a conspiracy to commit, aiding or abetting, 
counselling, causing or procuring the commission of or being an 
accessory before or after the fact to, an extraditable offense 
as described in Article 2(1) will also be 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; (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; or (3) if it relates to taxes, customs 
duties, currency control, and import and export of commodities, 
whether or not the laws of the Contracting States provide for 
the same kinds of taxes, or customs duties, or the same kinds 
of controls on currency or on the import or export of the same 
kinds of commodities.
    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.
    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 exceptionto 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 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 
        obligated pursuant to a multilateral international 
        agreement to extradite the person sought or to submit 
        the case to their competent authorities for 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, notwithstanding Article 4, 
paragraph 2(b) and Article 4, paragraph 2(c) as it relates to 
paragraph 2(b), 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 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 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 be supported 
by evidence justifying the committal for trial of the person if 
the offense had been committed in the Requested State or such 
information as would justify the committal for extradition of 
the person in accordance with the laws of the Requested State.
    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 provides that all documents submitted by the 
Requesting State shall be in English.
    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 required 
in Article 6 within sixty (60) days after the provisional 
arrest, the person may bedischarged from custody. 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 extradition decision. If the 
request is denied in whole or in part, Article 10(2) requires 
the Requested State to provide information regarding the 
reasons therefor. If extradition is granted, the authorities of 
the Contracting States shall agree on time and place of 
surrender of the person sought.
    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 for 
the purpose of prosecution. Alternatively, the Requested State 
may postpone the extradition proceedings until its prosecution 
has been concluded or the 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 all articles, documents, 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 exemptions, that a person extradited 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 Requested State consents. These 
restrictions shall not prevent the detention,trial or 
punishment of an extradited person, or that person's extradition to a 
third State if the extradited person leaves the Requesting State after 
extradition and voluntarily returns to it or fails to leave the 
Requesting State within fifteen 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 
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 Ministry of Home Affairs of the Republic of 
Zimbabwe 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 19, 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 
20. That Article provides that the States shall exchange 
instruments of ratification to bring the treaty into force.
    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 such notice.
    A Technical Analysis explaining in detail the provisions of 
the 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 Treaty by the Senate at an early 
date.
    Respectfully submitted.
                                                Madeleine Albright.




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