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Treaty on Extradition

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Treaty on Extradition TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13060 ________________________________________________________________________ EXTRADITION Treaty Between the UNITED STATES OF AMERICA and SOUTH AFRICA Signed at Washington September 16, 1999 NOTE BY THE DEPARTMENT OF STATE Pursuant to Public Law 89—497, approved July 8, 1966 (80 Stat. 271; 1 U.S.C. 113)— “. .the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence . of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties, as the case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.” SOUTH AFRICA Extradition Treaty signed at Washington September 16, 1999; Transmitted by the President of the United States of America to the Senate May 18, 2000 (Treaty Doc. 106-24, 106th Congress, 2d Session); Reported favorably by the Senate Committee on Foreign Relations September 27, 2000 (Senate Executive Report No. 106-26, 106th Congress, 2d Session); Advice and consent to ratification by the Senate October 18, 2000; Ratified by the President December 23, 2000; Ratified by South Africa March 28, 2001; Ratifications exchanged at Pretoria June 25, 2001; Entered into force June 25, 2001. EXTRADmON TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA ! Ii . I•I II 1! n l! I TABLE OF CONTENTS Article 1 Oblipfion to Extradite · Artidel Extraditable Offences Article3 Nationality Artide4 Political and Military Offences Artide5 Capital Panisllment Arti.cle6 Non Bis In Idem Article7 Temporary and Deferred Surrender Artide8 Lapse ofTime Arti.cle9 Extradition Proeedures and Required Doeuments Article 10 AdmiuibiUty ofDocuments Article 11 Tramlation Article 12 Additional Information Article 13 Provisional Arrest Article 14 Decision and Surrender Article 15 ConCUJTent Requests Article 16 Seizure and Surrender ofProperty • Article 17 Rule ofSpecialty Article 18 Surrenderto a Third State or an International Tribunal Article 19 Waiver ArticlelO Transit Articlell Representation and Expenses Articlell Consultation · Article23 Application Arti.cle24 Ratification, Entry into Force, and Termination Annex 11! Il l l ll I!p ,ln qii ' The Government ofthe United States ofAmerica and the Government ofthe Republic of South Africa; Recalling the Treaty Relating to the Reciprocal Extradition ofC~, signed at Washington December 18, 1947, Noting that both the Government ofthe United States ofAmerica and the Government ofthe Republic ofSouth Africa currently apply the terms ofthat Treaty, and Desiring to provide for more effective cooperation between the two States in the fight against crime, and, for that purpose, to conclude a new treaty for the extradition of offenders; ' Hereby agree as follows: I n q -2­ n 11 j' Article 1 d Obligation to Extradite IIj! The Parties agree to utradite to each other, punaant to the provisions ofthis l Treaty, penons whom the authorities in the Requesting State have charged with or convicted ofan extraditable ofl'ence. I Article2 Extraditable Offences 1. An offence shall be an extraditable oft'ence ifit is punishable under the laws in both States by deprivation ofliberty for a period ofat least one year or by a more severe penalty. 2. An offence shall also be an extraditable otfence ifitconsists ofattempting or conspiring to commit, or aiding, abetting, inducing, counseling or procuring the commission of, or being an aeeeuory before or after the fact to, any offence described in sulHrticle 1. 3. For the purposes oftbis Artid~ an offence shall be an extraditable offence whether or not the: ~ ·· (a) laws in the Requesting and Requested States place the offence within the same category ofoft'ences or describe the offence·by the same terminology; or (b) offence is one for which United States federal law requires the showing of such matten as intentate transportation, or use ofthe mails or of other facilities affecting intentate or foreign commerc~ such matters being merely for the purpose ofeStablishhlg jurisdiction in a United States Federal court. 4. Han oft'ence bu been committed outside the territory ofthe Requesting State, extradition shall be granted where the laws in the Requested State provide for the punishment ofan offence committed outside its territory in similar circumstances. Where ! 11 I l. !I iid !l )' l -3­ 1 l 1 the laws in the Requested State do not so provide, the execptive authority ofthe Requested l State may, in its clilcretion, grant extradition. ·~ I .. -............................... of......... .....-o1but... l yet sentenced, or convicted ofand senteneed for an offm.ee. as contemplated in this Article, for the purpose ofsentence, or for enforcing such sentence orthe remaining portion thereof, as the cue may be. 6. Where extradition ofa penon is sought for an oft'ence against a law relating to taxation, customs duties, exchange control, or other revenue matters, extradition may not be refused on the ground that the law ofthe Requested State does not impose the same kind oftax or duty ordoes not contain a tax, customs duty, or exchange regulation ofthe same kind as the law ofthe Requesting State. 7. H the request for extradition relates to more than one oft'ence and extradition , is granted for an extraditable oft'ence, it shall also be granted for any other oft'ence specified in the request even ifthe latter oft'ence is punishable by one year's deprivation ofliberty or less, provided that all other requirements for extradition are met. Article3 Nationality Extradition shall not be refused on the ground ofthe nationality ofthe person sought. Article4 Political and Military Offences 1. Extradition shall not be granted ifthe offence for which extradition is requested is a political offence. ------ ----~--- ;,1j;-:==================================================================:::;;l -4- ! H l : j 2. For the purposes ofthis Treaty, the followiqg o:llences shall not be considered 1 liI~ political offences: ,ll; il i Ii'i (a) a murder or other violent crime ........... ·-'""•a Head ofState or Deputy l; !i Head ofState ofthe Requesting or Requested State, or ofor against a i 11. member ofsuch penon's family; i I (b) an o:llence for which both the Requesting and Requested States have j Ii ............ .,.,...... ..._......._.._.. I i extnulite the penon sought or to submit the case to their respective j I competent authorities for decision as to prosecution; l. (c) murder; (d) an o:llence involving kidnapping, abduction, or any form ofunlawful ! detention, including the taking ofa hostage; and ii (e) attempting or conspiring to commit, aiding, abetting, inducing, 11 counseling or procuring the commission of, or being an accessory before or after the fact to such offences. I 3. Notwithstanding the terms ofsub-article 2, extradition shall not be granted if the executive authority ofthe Requested State determines that there are substantial grounds for believing that the request has been made for the purpose ofprosecuting or punishing a penon on account ofthat penon's gender, race, religion, nationality, or political opinion. ·I I 4. The executive authority ofthe Requested State shall refuse extradition for · o:llences under military Jaw that are not o:llences under ordinary criminal Jaw. Article5 Capital Punishment 1. When the o:llence for which extradition is sought is punishable by death under the Jaws in the Requesting State, and is not punishable by death under the Jaws in the Requested State, the Requested State may refuse extradition unless the Requesting State provides assurances that the death penalty will not be imposed, or ifimposed, will not be carried out. ----------------- ------- -5­ 2. In instances in which a Requesting State prpvides an assurance in ll accordance with this Article, the death penalty, ifimposed by the courts ofthe Requesting Ji State, shall not be canied out. I Article 6 Non Bis in Idem· 11 II 1. Extradition shall not be granted when the penon sought has been convicted u I or acquitted in the Requested State ofthe offence for which extradition is requested. l 2. Extradition shall not be precluded by the fact that the competent authorities I ofthe Requested State have decided either: ll (a) not to prosecute the penon sought for tb.e acts or omissions for which r eDndition is requested; (b) to discontinue any criminal proceedings which have been instituted 11 against the person sought for those acts or omissions, provided that such discontinuance does not have the effect ofacquittal: or (c) to investigate the penon sought for the same acts or omissions. ,....... ··· Article7 Temporary and Deferred Surrender 1. The Requested State may postpone.the extradition proceedings against a person who is being prosecuted orwho is serving a sentence in that State until such prosecution has been concluded or any such sentence has been served. 2. Ifthe extradition request is granted in the case ofa penon who is being prosecuted or is serving a sentence in the Requested State, that State may temporarily surrender the penon sought to the Requesting State for the purpose ofprosecution. The penon so surrendered shall be kept in custody in the Requesting State and shall be returned to the Requested State after the conclusion ofthe proceedings against that 11 l I I I 1. ii 11 ll llI :j ~ ;j i'" l1 -6­ li !1 J J penon, in accordance with conditions to be determined l?Y mutualagreement between the ! Requesting and Requested States. js 11 Article 8 I! Lapse ofTime l ~ IIH ••j Extradition shall not be granted when the prosecution has become barred by lapse of j I time according to the laws in the Requesting State. Article 9 Extradition Procedures and Required Documents 1. All requests for extradition shall be made in writing and shall be submitted through the diplomatic channel.
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