[Senate Treaty Document 116-2]
[From the U.S. Government Publishing Office]
116th Congress } { Treaty Doc.
SENATE
2d Session } { 116-2
_______________________________________________________________________
EXTRADITION TREATY WITH THE REPUBLIC OF CROATIA
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE REPUBLIC OF CROATIA COMPRISING THE INSTRUMENT AS
CONTEMPLATED BY ARTICLE 3(2) OF THE AGREEMENT ON EXTRADITION BETWEEN
THE UNITED STATES OF AMERICA AND THE EUROPEAN UNION, SIGNED JUNE 25,
2003, AS TO THE APPLICATION OF THE TREATY ON EXTRADITION SIGNED ON
OCTOBER 25, 1901 (THE ``U.S.-CROATIA EXTRADITION AGREEMENT''), AND THE
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE
GOVERNMENT OF THE REPUBLIC OF CROATIA COMPRISING THE INSTRUMENT AS
CONTEMPLATED BY ARTICLE 3(3) OF THE AGREEMENT ON MUTUAL LEGAL
ASSISTANCE BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN UNION
SIGNED AT WASHINGTON ON JUNE 25, 2003 (THE ``U.S.-CROATIA MUTUAL LEGAL
ASSISTANCE AGREEMENT''), BOTH SIGNED AT WASHINGTON ON DECEMBER 10, 2019
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June 18, 2020.--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
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-118 WASHINGTON : 2020
LETTER OF TRANSMITTAL
----------
The White House, June 18, 2020.
To the Senate of the United States:
With a view to receiving advice and consent of the Senate
to ratification, I transmit herewith the Agreement between the
Government of the United States of America and the Government
of the Republic of Croatia comprising the instrument as
contemplated by Article 3(2) of the Agreement on Extradition
between the United States of America and the European Union,
signed June 25, 2003, as to the Application of the Treaty on
Extradition signed on October 25, 1901 (the ``U.S.-Croatia
Extradition Agreement''), and the Agreement between the
Government of the United States and the Government of the
Republic of Croatia comprising the Instrument as contemplated
by Article 3(3) of the Agreement on Mutual Legal Assistance
between the United States of America and the European Union
signed at Washington on June 25, 2003 (the ``U.S.-Croatia
Mutual Legal Assistance Agreement''), both signed at Washington
on December 10, 2019. I also transmit, for the information of
the Senate, the report of the Department of State with respect
to the U.S.-Croatia Extradition and Mutual Legal Assistance
Agreements. Following Croatia's accession to the European Union
on July 1, 2013, these two agreements fulfill the requirements,
in respect of Croatia, for implementing bilateral instruments
between the United States and each member of the European Union
contained in the Agreements on Extradition and Mutual Legal
Assistance between the United States of America and the
European Union, both of which entered into force on February 1,
2010.
The U.S.-Croatia Extradition Agreement modernizes in
important respects the Treaty between the United States of
America and the Kingdom of Serbia for the Extradition of
Fugitives from Justice, signed October 25, 1901 (the ``1901
Extradition Treaty''), which is currently in force between the
United States of America and the Republic of Croatia. Most
significantly, it replaces the outdated list of extraditable
offenses with the modern ``dual criminality'' approach, thereby
enabling coverage of newer offenses, such as cyber-related
crimes, environmental offenses, and money laundering. In
addition, it includes several provisions updating and
streamlining procedural requirements for preparing and
transmitting extradition documents.
The U.S.-Croatia Mutual Legal Assistance Agreement
formalizes and strengthens the institutional framework for
legal assistance between the United States of America and the
Republic of Croatia in criminal matters. Because the United
States of America and the Republic of Croatia do not have a
bilateral mutual legal assistance treaty in force, the U.S.-
Croatia Mutual Legal Assistance Agreement is a partial treaty
governing only those issues regulated by the U.S.-European
Union Mutual Legal Assistance Agreement, specifically:
identification of bank information, joint investigative teams,
video-conferencing, expedited transmission of requests,
assistance to administrative authorities, use limitations,
confidentiality, and grounds for refusal. This approach is
consistent with that taken with other European Union member
states (Bulgaria, Denmark, Finland, Malta, Portugal, Slovak
Republic, and Slovenia) with which the United States does not
have an existing mutual legal assistance treaty.
I recommend that the Senate give early and favorable
consideration to the U.S.-Croatia Extradition Agreement and the
U.S.-Croatia Mutual Legal Assistance Agreement.
Donald J. Trump.
LETTER OF SUBMITTAL
----------
Department of State,
Washington, February 5, 2020.
The President,
The White House.
Mr. President: I have the honor to submit to you (1) the
Agreement between the Government of the United States of
America and the Government of the Republic of Croatia
comprising the Instrument as contemplated by Article 3(2) of
the Agreement on Extradition between the United States of
America and the European Union signed June 25, 2003, as to the
Application of the Treaty on Extradition signed 25 October 1901
(``the U.S.-Croatia Extradition Agreement''), and (2) the
Agreement between the Government of the United States of
America and the Government of the Republic of Croatia
comprising the Instrument as contemplated by Article 3(3) of
the Agreement on Mutual Legal Assistance between the United
States of America and the European Union signed at Washington
on June 25, 2003 (``the U.S.-Croatia Mutual Legal Assistance
Agreement''), both signed at Washington on December 10, 2019.
The U.S.-Croatia Extradition Agreement specifies the manner
in which the United States of America and the Republic of
Croatia will apply the U.S.-EU Extradition Agreement to the
Treaty between the United States of America and the Kingdom of
Serbia for the Extradition of Fugitives from Justice, signed
October 25, 1901 (``the 1901 Extradition Treaty''), which
applies to the Republic of Croatia as a successor state to the
former Socialist Federal Republic of Yugoslavia. The provisions
of the 1901 Extradition Treaty, as modified by application of
the U.S.-EU Extradition Agreement, are reflected in the annex
to the U.S.-Croatia Extradition Agreement.
The U.S.-Croatia Extradition Agreement and the U.S.-Croatia
Mutual Legal Assistance Agreement fulfill the requirements of
the Agreements on Extradition and Mutual Legal Assistance
between the United States of America and the European Union for
implementing bilateral instruments between the United States
and each member state of the European Union. Both entered into
force on February 1, 2010. The article-by-article analyses of
the two instruments are enclosed with this report. I recommend
the U.S.-Croatia Extradition Agreement and the U.S.-Croatia
Mutual Legal Assistance Agreement be transmitted to the Senate
for its advice and consent to ratification. Both instruments
are self-executing and will not require implementing
legislation.
Sincerely,
Michael R. Pompeo.
Enclosures: As stated.
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