[Congressional Record Volume 152, Number 118 (Wednesday, September 20, 2006)]
[Senate]
[Page S9786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORT OF COMMITTEE

  The following executive report of committee was submitted:

       By Mr. LUGAR, from the Committee on Foreign Relations:

    [Treaty Doc. 108-23:  Extradition Treaty with Great Britain and 
 Northern Ireland with 1 understanding, 2 declarations and 3 provisos 
                          (Ex. Rept. 109-19)]

The Text of the Committee Recommended Resolution of Advice and Consent 
                     to Ratification Is as Follows

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent Subject to 
     Understanding, Declarations, and Provisos.
       The Senate advises and consents to the ratification of the 
     Extradition Treaty between the United States of America and 
     the United Kingdom of Great Britain and Northern Ireland, and 
     related exchanges of letters, signed at Washington on March 
     31, 2003 (hereinafter in this resolution referred to as the 
     ``Treaty'') (Treaty Doc. 108-23), subject to the 
     understanding in section 2, the declarations in section 3, 
     and the provisos in section 4.
       Section 2. Understanding.
       The advice and consent of the Senate under section 1 is 
     subject to the following understanding:
       Under United States law, a United States judge makes a 
     certification of extraditability of a fugitive to the 
     Secretary of State. In the process of making such 
     certification, a United States judge also makes 
     determinations regarding the application of the political 
     offense exception. Accordingly, the United States of America 
     understands that the statement in paragraphs 3 and 4 of 
     Article 4 that ``in the United States, the executive branch 
     is the competent authority for the purposes of this Article'' 
     applies only to those specific paragraphs of Article 4, and 
     does not alter or affect the role of the United States 
     judiciary in making certifications of extraditability or 
     determinations of the application of the political offense 
     exception.
       Section 3. Declarations.
       The advice and consent of the Senate under section 1 is 
     subject to the following declarations:
       (1) Nothing in the Treaty requires or authorizes 
     legislation or other action by the United States of America 
     that is prohibited by the Constitution of the United States.
       (2) The Treaty shall be implemented by the United States in 
     accordance with the Constitution of the United States and 
     relevant federal law, including the requirement of a judicial 
     determination of extraditability that is set forth in Title 
     18 of the United States Code.
       Section 4. Provisos.
       The advice and consent of the Senate under section 1 is 
     subject to the following provisos:
       (1)(A) The Senate is aware that concerns have been 
     expressed that the purpose of the Treaty is to seek the 
     extradition of individuals involved in offenses relating to 
     the conflict in Northern Ireland prior to the Belfast 
     Agreement of April 10, 1998. The Senate understands that the 
     purpose of the Treaty is to strengthen law enforcement 
     cooperation between the United States and the United Kingdom 
     by modernizing the extradition process for all serious 
     offenses and that the Treaty is not intended to reopen issues 
     addressed in the Belfast Agreement, or to impede any further 
     efforts to resolve the conflict in Northern Ireland.
       (B) Accordingly, the Senate notes with approval--
       (i) the statement of the United Kingdom Secretary of State 
     for Northern Ireland, made on September 29, 2000, that the 
     United Kingdom does not intend to seek the extradition of 
     individuals who appear to qualify for early release under the 
     Belfast Agreement;
       (ii) the letter from the United Kingdom Home Secretary to 
     the United States Attorney General in March 2006, emphasizing 
     that the ``new treaty does not change this position in any 
     way,'' and making clear that the United Kingdom ``want[s] to 
     address the anomalous position of those suspected but not yet 
     convicted of terrorism-related offences committed before the 
     Belfast Agreement''; and
       (iii) that these policies were reconfirmed in an exchange 
     of letters between the United Kingdom Secretary of State for 
     Northern Ireland and the United States Attorney General in 
     September 2006.
       (2) The Senate notes that, as in other recent United States 
     extradition treaties, the Treaty does not address the 
     situation where the fugitive is sought for trial on an 
     offense for which he had previously been acquitted in the 
     Requesting State. The Senate further notes that a United 
     Kingdom domestic law may allow for the retrial in the United 
     Kingdom, in certain limited circumstances, of an individual 
     who has previously been tried and acquitted in that country. 
     In this regard, the Senate understands that under U.S. law 
     and practice a person sought for extradition can present a 
     claim to the Secretary of State that an aspect of foreign law 
     that may permit retrial may result in an unfairness that the 
     Secretary could conclude warrants denial of the extradition 
     request. The Senate urges the Secretary of State to review 
     carefully any such claims made involving a request for 
     extradition that implicates this provision of United Kingdom 
     domestic law.
       (3) Not later than one year after entry into force of the 
     Treaty, and annually thereafter for a period of four 
     additional years, the Secretary of State shall submit to the 
     Committee on Foreign Relations of the Senate a report setting 
     forth the following information with respect to the 
     implementation of the Treaty in the previous twelve months:
       (A) the number of persons arrested in the United States 
     pursuant to requests from the United Kingdom under the 
     Treaty, including the number of persons subject to 
     provisional arrest; and a summary description of the alleged 
     conduct for which the United Kingdom is seeking extradition;
       (B) the number of extradition requests granted; and the 
     number of extradition requests denied, including whether the 
     request was denied as a result of a judicial decision or a 
     decision of the Secretary of State;
       (C) the number of instances the person sought for 
     extradition made a claim to the Secretary of State of 
     political motivation, unjustifiable delay, or retrial after 
     acquittal and whether such extradition requests were denied 
     or granted; and
       (D) the number of instances the Secretary granted a request 
     under Article 18(1)(c). 

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