[Senate Treaty Document 117-2]
[From the U.S. Government Publishing Office]




117th Congress        } 		          {         Treaty Doc.
                                SENATE                     
 2d Session           }                           {            117-2
_______________________________________________________________________

                                     

 
            EXTRADITION TREATY WITH THE REPUBLIC OF ALBANIA

                               __________

                                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 ALBANIA

		
		
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 April 7, 2022.--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
                      
29-118* (Star Print)          WASHINGTON : 2022         
                         
                         
                         
                         LETTER OF TRANSMITTAL

                              ----------                              

                                    The White House, April, 7 2022.
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 Albania (the ``Treaty''), 
signed at Tirana on December 22, 2020. I also transmit, for the 
information of the Senate, the report of the Department of 
State with respect to the Treaty.
    The Treaty would replace the extradition treaty between the 
United States and Albania, signed at Tirana on March 1, 1933. 
The Treaty follows generally the form and content of other 
extradition treaties recently concluded by the United States. 
It would replace an outmoded list of extraditable offenses with 
a modern ``dual criminality'' approach, which would enable 
extradition for such offenses as money laundering, cyber-
related crimes, and other newer offenses not appearing on the 
list. The Treaty also contains a modernized ``political 
offense'' clause and provides that extradition shall not be 
refused based on the nationality of the person sought. Finally, 
the Treaty incorporates a series of procedural improvements to 
streamline and expedite the extradition process.
    I recommend that the Senate give early and favorable 
consideration to the Treaty, and give its advice and consent to 
ratification.

                                               Joseph R. Biden, Jr.
                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                      Washington, February 1, 2022.
The President,
The White House.
    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 Albania, signed in Tirana on 
December 22, 2020 (the ``Treaty''). Upon its entry into force, 
the Treaty would replace the Treaty of Extradition Between the 
United States of America and the Kingdom of Albania, signed at 
Tirana on March 1, 1933 (the ``1933 Treaty''). I recommend the 
new Treaty be transmitted to the Senate for its advice and 
consent to ratification.
    The Treaty follows generally the form and content of other 
extradition treaties recently concluded by the United States, 
and it is an important part of a concerted effort by the 
Department of State and the Department of Justice to modernize 
the legal tools available for the extradition of serious 
offenders. The Treaty is self-executing and will not require 
implementing legislation.
    An overview of the Treaty, including a detailed article-by-
article analysis, is enclosed. The Department of. Justice joins 
the Department of State in favoring approval of the Treaty by 
the Senate at the earliest possible date.
            Sincerely,
                                                 Antony J. Blinken.
    Enclosures: As stated.
   Extradition Treaty between the Government of the United States of 
         America and the Government of the Republic of Albania

                                Overview

Introduction
    The Extradition Treaty between the Government of the United 
States of America and the Government of the Republic of Albania 
(the ``Treaty'') replaces the extradition treaty currently in 
force between the two countries, which was signed in 1933 (the 
``1933 Extradition Treaty'').
Article-by-Article Analysis
    The following is an Article-by-Article description of the 
provisions of the Treaty:
    Article 1 obligates each Party to extradite to the 
Requesting State those persons sought for prosecution or for 
imposition or service of a sentence for an extraditable 
offense.
    Article 2 defines extraditable offenses. Under Article 
2(1), an offense is extraditable if it is punishable under the 
laws of both States by deprivation of liberty for a maximum 
period of more than one year or by a more severe penalty. This 
formulation reflects the modem ``dual criminality'' approach, 
in contrast to the requirement under the 1933 Treaty that the 
offense be among those listed in the Treaty. The dual 
criminality formulation also obviates the need to renegotiate 
or supplement the Treaty as additional offenses become 
punishable under the laws of both States. It ensures 
comprehensive coverage of criminal conduct for which 
extradition may be sought.
    Article 2(2) further defines an extraditable offense to 
include an attempt or a conspiracy to commit, or participation 
in the commission of, an extraditable offense, if the offense 
of attempt, conspiracy, or participation is punishable under 
the laws of the Requesting State by deprivation of liberty for 
a maximum period of more than one year or a more severe 
penalty. By using the broad term ``participation,'' the Treaty 
covers such offenses as aiding, abetting, counseling, or 
procuring the commission of an offense, as well as being an 
accessory to an offense, at whatever stage of development of 
the criminal conduct and regardless of the alleged offender's 
degree of involvement.
    Article 2(3) identifies a number of situations in which an 
offense will be extraditable despite potential differences in 
the criminal laws of both States. For instance, an offense 
shall be extraditable whether or not the laws of the Requesting 
and Requested States place the acts constituting the offense 
within the same category of offenses or describe the offenses 
by the same terminology. In addition, an offense involving 
fraud or evasion of obligations with respect to taxes, customs 
duties, or import/export controls shall be extraditable 
regardless of whether the Requested State provides for the same 
sort of taxes, duties, or controls. This provision also makes 
explicit that an offense is extraditable even where U.S. 
federal law requires the showing of certain matters merely for 
the purpose of establishing U.S. federal jurisdiction, 
including interstate transportation or use of the mails or of 
other facilities affecting interstate or foreign commerce. This 
clarifies an important issue for the United States in 
requesting extradition for certain federal crimes.
    Article 2(4) addresses issues of territorial jurisdiction. 
It specifies that where the Requesting State seeks extradition 
for an offense that occurred outside its territory, the 
Requested State shall grant extradition if the laws of the 
Requested State would provide for punishment of the 
extraterritorial offense in similar circumstances. If the 
Requested State's laws would not provide for punishment of the 
extraterritorial offense in similar circumstances, the 
Requested State nonetheless retains discretion to grant 
extradition provided the other requirements of the Treaty are 
met.
    Article 2(5) prohibits the Requested State from refusing 
extradition for the sole reason that the offense was committed 
in its own territory. The U.S negotiating team proposed this 
provision in order to satisfy a provision of Albania's domestic 
law that permits extradition for offenses committed in 
Albania's territory only when expressly required by an 
extradition treaty or other binding international agreement.
    Article 2(6) prescribes that if extradition is granted for 
an extraditable offense, it shall also be granted for any other 
offense specified in the request even if the latter offense is 
punishable by a maximum of one year's deprivation of liberty or 
less, provided that all other requirements for extradition are 
met.
    Article 2(7) provides that where the extradition request is 
for service of a sentence of imprisonment for an extraditable 
offense, the Requested State may deny extradition if, at the 
time of the request, the remainder of the sentence to be served 
is less than four months.
    Article 3 establishes that extradition shall not be refused 
based on the nationality of the person sought.
    Article 4 establishes an exception for political and 
military offenses. Article 4(1) states that extradition shall 
not be granted if the offense for which extradition is 
requested is a political offense.
    Article 4(2) describes five categories of offenses that 
shall not be considered to be political offenses. A near 
identical list of these limitations was included in the 
extradition treaties between the United States and Chile 
(signed 2013), the United States and the Dominican Republic 
(signed 2015), and the United States and Kosovo (signed 2016). 
In addition, to offenses that involve the possession, 
placement, use or threatened use of an explosive, incendiary, 
or destructive device when such device is capable of 
endangering life or causing substantial bodily harm or 
substantial property damage, Article 4(2)(d) of the Treaty also 
establishes that political offenses cannot include offenses 
involving similarly serious biological, chemical, or 
radiological agents. Further, Article 4(2)(e) makes clear that 
conspiracy or attempt to commit any of the specified non-
political offenses, or aiding or abetting another person who 
commits or attempts to commit such offenses, also shall not be 
considered a political offense. This slight expansion of the 
political offense exception is in keeping with a major priority 
of the United States to ensure that an overbroad definition of 
political offense does not impede the ability to extradite 
terrorists.
    Notwithstanding Article 4(2), 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.
    Under Article 4(4), the executive authority of the 
Requested State may refuse extradition for offenses under 
military law that are not offenses under ordinary criminal law. 
Desertion would be an example of such an offense.
    Article 5(1) prohibits extradition in instances where a 
person sought has been previously convicted or acquitted by the 
Requested State for the offense for which extradition is 
requested. Under Article 5(2), however, a person shall not be 
considered to have been convicted or acquitted in the Requested 
State when the authorities of the Requested State: (a) have 
decided not to prosecute the person sought for the acts for 
which extradition is requested; (b) have decided to discontinue 
any criminal proceedings against the person for those acts; or 
(c) are still investigating or proceeding against the person 
sought for the same acts for which extradition is sought.
    Article 6 provides that the decision by the Requested State 
whether to grant extradition shall be made without regard to 
the domestic law of either Party concerning lapse of time, 
thereby eliminating the need for the Requested State to 
consider questions about whether the statute of limitations on 
the offense in question has run in the Requesting State in the 
course of the extradition proceedings.
    Article 7 addresses punishment. When an offense for which 
extradition is sought is punishable by death under the laws of 
the Requesting State but not under the laws of the Requested 
State, the executive authority of the Requested State may 
refuse extradition unless the Requesting State provides 
assurances that: (a) the death penalty shall not be imposed on 
the person sought, or (b), if for procedural reasons the 
Requesting Party cannot provide that assurance, the death 
penalty, if imposed, shall not be carried out against the 
person sought. If either type of assurance is provided, the 
Requested State must grant the extradition request, and the 
Requesting State must abide by its assurance.
    Article 8 specifies the procedures and documents required 
to support a request for extradition. Article 8(1) requires all 
extradition requests to be submitted through the diplomatic 
channel. Among several other requirements, Article 8(3)(c) 
establishes that extradition requests must be supported by such 
information as would provide a reasonable basis to believe that 
the person sought committed the offense(s) for which 
extradition is requested. Notably, this language is understood 
as equivalent to the probable cause standard applied in U.S. 
criminal law and applied by U.S. courts in determining whether 
to certify to the Secretary of State that a fugitive's 
extradition would be lawful under the applicable treaty and 
U.S. law. Article 8(5) specifies the information required to be 
included in an extradition request if the request is made for 
an individual who has been convicted in absentia. Article 8(6) 
permits the submission of additional information to enable the 
Requested State to decide on the extradition request.
    Article 9 sets out the procedures for the certification, 
authentication and admissibility of documents in extradition 
proceedings.
    Article 10 requires all documents submitted by the 
Requesting State under the Treaty to be accompanied by a 
translation into the language of the Requested State, unless 
otherwise agreed.
    Article 11 provides that, in cases of urgency, the 
Requesting State may request the provisional arrest of the 
person sought and sets forth the procedures for making such a 
request pending presentation of the formal extradition request. 
Article 11(2) specifies the information that must accompany a 
provisional arrest request. Article 11(3) provides that the 
Requesting State shall be notified without delay of the date of 
a provisional arrest or the reasons why the Requested State 
cannot proceed with the request. Article 11(4) permits the 
release of the person provisionally arrested if the executive 
authority of the Requested State does not receive the formal 
extradition request and supporting documents within 60 days of 
the date on which the person was provisionally arrested. This 
paragraph also specifies that for the purposes of applying the 
60-day time limitation, receipt of the formal extradition 
request and supporting documents by the embassy of the 
Requested State located in the Requesting State constitutes 
receipt by the executive authority of the Requested State. 
Article 11(5) makes clear that the release of a person pursuant 
to Article 11(4) does not prevent the person's re-arrest and 
extradition if the Requested State receives the formal 
extradition request and supporting documents at a later date.
    Article 12 requires the Requested State to promptly notify 
the Requesting State of its decision regarding an extradition 
request. If the Requested State denies extradition, Article 
12(2) requires the Requested State to explain the reasons for 
the denial. If the Requested State grants extradition, Article 
12(3) requires'the executive authorities of the Requested and 
Requesting States to coordinate the date and place for 
surrendering the person sought. Article 12(4) provides that if 
the person to be surrendered is not removed from the territory 
of the Requested State within the time prescribed by the 
Requested State's laws, the Requested State may discharge the 
person sought from custody and may subsequently refuse 
extradition for the same offense.
    Article 13 addresses deferred extradition proceedings as 
well as deferred and temporary surrender of the person sought. 
Under Article 13(1), if the person sought is being proceeded 
against in the Requested State, the Requested State may defer 
the extradition proceedings until its own proceedings have been 
concluded. Article 13(2) addresses circumstances where 
extradition proceedings have concluded and extradition has been 
authorized, but the person sought is being proceeded against or 
is serving a sentence in the Requested State. In such cases, 
the Requested State may either defer the surrender of the 
person sought or temporarily surrender the person to the 
Requesting State for the purpose of prosecution. Article 13(3) 
explains that if the Requested State elects to defer surrender, 
it may detain the person sought until surrender. Under Article 
13(4), however, if the Requested State elects to temporarily 
surrender the person to the Requesting State, the Requesting 
State must detain the temporarily surrendered person during 
proceedings and return the person when proceedings conclude, in 
accordance with any conditions that may be agreed to by the 
Parties. The person's return to the Requested State shall not 
require any further extradition request or proceedings. 
Moreover, upon return to the Requested State, the time a person 
served in the temporary custody of the Requesting State may be 
deducted from the remaining time to be served in the Requested 
State.
    Pursuant to Article 14, if the Requested State receives 
extradition requests for the same person from the Requesting 
State and from any other State or States, either for the same 
offense or for different offenses, the executive authority of 
the Requested State shall determine to which State, if any, it 
will surrender that person. Article 14 requires the Requested 
State to consider a list of non-exclusive factors when making 
its decision.
    Article 15 provides that, subject to certain conditions, 
the Requested State may seize and surrender to the Requesting 
State all items that are connected with the offense for which 
extradition is sought or that may be required as evidence in 
the Requesting State.
    Article 16(1) sets forth the rule of specialty, which 
prohibits a person extradited under the Treaty from being 
detained, tried, or punished in the Requesting State, except 
where the detention, trial, or punishment: (a) is for an 
offense for which extradition was granted, or for a differently 
denominated offense carrying the same or lesser penalty that is 
based on the same facts as the offense for which extradition 
was granted, provided such offense is extraditable or a lesser 
included offense; (b) is for an offense committed after that 
person's extradition to the Requesting State; or (c) occurs 
with the consent of the executive authority of the Requested 
State. The Requested State may require the Requesting State to 
submit the documentation required under Article 8 prior to 
consenting to the person's detention, trial or punishment for a 
different offense.
    Article 16(2) provides that a person extradited under the 
Treaty may not be the subject of onward extradition or 
surrender for any offense committed prior to extradition, 
unless the Requested State consents. This provision would 
preclude the Republic of Albania from transferring to a third 
State or an international tribunal a fugitive that the United 
States surrendered to the Republic of Albania, unless the 
United States consents. Article 16(3), however, permits the 
Requesting State to detain, try, punish, extradite, or 
surrender the same person if that person: (a) leaves and 
voluntarily returns to the Requesting State, or (b) chooses not 
to leave the Requesting State within 10 days of the day that 
person is free to leave. Article 16(4) provides that the rule 
of specialty provisions in this Article do not apply if the 
person sought waives extradition under Article 17(a).
    Article 17 allows the Requested State to expedite the 
transfer of the person whose extradition is sought to the 
Requesting State when, as provided in Article 17(a), the person 
waives extradition, in which case a judicial officer may direct 
the person's transfer to the Requesting State without further 
proceedings, or when, as provided in Article 17(b), the person 
consents to extradition or to a simplified extradition 
proceeding, in which case the Requested State may surrender the 
person as expeditiously as possible.
    Article 18(1) allows either State to authorize 
transportation through its territory of a person being 
extradited or otherwise transferred to the other State by a 
third State or from the other State to a third State for the 
purposes of prosecution, imposition of a sentence, or service 
of a sentence. It also specifies the procedures for requesting 
such transit and makes clear that a person who is being 
transported pursuant to this Article shall be detained during 
the period of transit. Under Article 18(2), authorization is 
not required when one State uses air transportation and no 
landing is scheduled in the other State's territory. Should an 
unscheduled landing occur in a State, however, that State may 
require submission of a formal transit request pursuant to 
paragraph 1. The State in which the unscheduled landing occurs 
must take all measures necessary to prevent the person being 
transferred from absconding until the transit is effected, so 
long as the transit request is received within 96 hours of the 
unscheduled landing.
    Article 19 requires the Requested State to advise, assist, 
appear in court on behalf of, and represent the interests of 
the Requesting State in any proceedings arising out of an 
extradition request. The Requested State must bear all expenses 
incurred in that State in connection with the extradition 
proceedings, except for expenses related to translation of 
documents and transportation of the person surrendered.
    Article 20 provides that the U.S. Department of Justice and 
the Ministry of Justice of the Republic of Albania may consult 
with each other directly in connection with individual cases 
and in furtherance of efficient implementation of the Treaty.
    Article 21 establishes that the Treaty applies to offenses 
committed both before and after the date it enters into force.
    Article 22(1) notes that the Treaty is subject to 
ratification, and Article 22(2) provides that it shall enter 
into force upon the exchange of instruments of ratification. 
Article 22(3) provides that, upon entry into force, the Treaty 
shall supersede the 1933 Treaty with respect to all requests 
submitted on or after that date. With respect to pending 
requests made under the 1933 Treaty, subparagraphs (3) and (4) 
provide that the Treaty shall supersede the 1933 Treaty, except 
that the provisions of the 1933 Treaty related to extradition 
procedures, required documents and the admissibility and 
translation of documents shall apply if the extradition request 
and supporting documents have already been submitted to the 
Requested State at the time the Treaty enters into force.
    Under Article 23, either Party may tetininate the Treaty at 
any time by giving written notice to the other Party through 
the diplomatic channel. The termination shall be effective six 
months after the date of such notice.


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