Extradition Treaty Ratification Act 2000

Link to law: http://laws.gov.ag/acts/2000/a2000-11.pdf
Published: 2002

11 of 2000. Extradition Treaty (Government of 1 ANTIGUA
Antigua and Barbuda and the AND

Government of the United States of
America) Ratification Act 2000. BARBUDA

[ L.S. ]
I Assent,

James B. Carlisle,
Governor-General.

28th August, 2000.

ANTIGUA AND BARBUDA

No. 11 of 2000

AN ACT to ratify the Extradition Treaty between the Govern-
ment of Antigua and Barbuda and the Government of the United
States of America and to provide for other matters connected
with the enforcement of the Treaty in Antigua and Barbuda.

ENACTED by the Parliament of Antigua and Barbuda as fol-
lows:

[ 7th September, 20001

1. This Act may be cited as the Extradition Treaty (Govern- short title.
ment of Antigua and Barbuda and the Government of the United
States of ~mer ica) Ratification Act 2000.

In this Act -

"Act" means the Extradition Act 1993;
"Treaty" means the Extradition Treaty between the Gov-
ernment of Antigua and Barbuda and the Government of
the United States of America signed on the 3rd of June
1996, the text of which is set out in the Schedule.

No. 12 of 1993.

2. The Extradition Treaty signed on the 3rd of June 1996 by Ratification.
the Government of Antigua and Barbuda and the Government
of the United States of America is hereby ratified and is deemed
to have entered into force with respect to Antigua and Barbuda
on the 4th day of October 1997.

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Persons affected 3. The Treaty as ratified is enforceable in Antigua and
by the Treaty. Barbuda and applies to persons sought for prosecution or per-

sons who have been convicted of extraditable offences in the
United States of America.

Procedure for 4. The procedures prescribed in the Extradition Act 1993
extradition shall apply in the execution of any extradition request from the
No' l2 of 1993' United States of America.

Application of the 5. Any extradition request received in Antigua and bcprbuda
Treaty to requests prior to the coming into force of this Act shall be executed in
Made prior to the
Act. wcordanca with the provisions of the Treaty and it shall not be

14-cessary to renew the request.

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SCHEDULE

EXTRADITION TREATY

BETWEEN

THE GOVERNMENT OF THE UNITED STATES O F AMERICA

AND

THE GOVERNMENT OF ANTIGUA AND BARBUDA

ANTIGUA
AND

BARBUDA

4 Extradition Treaty (Government of No. 11 of 2000.
Antigua and Barbuda and the

Government of the United States of
America) Ratifcation Act 2000.

TABLE OF CONTENTS

Article 1 Obligation to Extradite.

Article 2 Extraditable Offenses.

Article 3 Nationality.

Article 4 Political and Military Offenses.

Article 5 Prior Prosecution.

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

E~tradition Procedures and Required Documents.

adrmssibility of Documents.

Lapse of Time.

Provisional Arrest.

Decision and Surrender.

Temporary and Deferred Surrender.

Requests for Extradition Made by several State&.

Seizure and Surrender of Property.

Rule of Speciality.

Waiver of Extradition.

Transit.

Representation and Expenses.

Consultation.

Article 19 Application.

Article 20 Ratification and Entry into Force.

Article 21 Termination.

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The Government of the United States of America and the Government of
Antigua and Barbuda,

Recalling the Extradition Treaty between the Government of the United States
of hmerica and the Government of the United Kingdom of Great Britain and
Northern Ireland, signed at London June 8, 1972.

Noting that both the Government of the United States of America and the
Government of Antigua and Barbuda currently apply the terms of that Treaty,
and

Desiring to provide for more effective cooperation between the two States in
the suppression of crime, and, for that purpose, to conclude a new Treaty for the
extradition of accused or convicted offenders,

Have agreed as follows:

Article 1

Obligation to Extradite

The Contracting states agree to extradite to each other, pursuant to the provi-
sions of the Treaty, persons sought for prosecution or persons w h ~ have been
ccmvicted of an extraditable offense by the authorities in the Requesting State.

Article 2

Extraditable Offenses

1. An offense shall be an extraditable offense if it is punishable under the laws
in both Contracting States by deprivation of liberty for a period of more tharn one
year or by a more severe penalty.

2. An offeqse shall also be an extraditable offense if it consists of an attempt or
a conspiracy to commit, aiding or abetting, counselling or procuring the cornmis-
sion of, or being an accessory before or after the fact to, any offense described in
paragraph 1.

3. For the purposes of this Article, an offense shall be an extraditable offense;

(a) 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; or

(b) whether or not the offense is one for which United states federal law
requires the showing of such matters as interstate transportation, or

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use of the mails or of other facilities affecting interstate or foreign
commerce, such matters being merely for the purpos6 of establishing
jurisdiction in a United States federal court.

4. Where the offense was committed outside of the territory of the Requesting
State, if the laws in the Requested State:

(a) provide for punishment of an offense committed outside of its terri-
tory in similar circumstances, extradition shall be granted in accor-
dance with this treaty; or

(b) do not provide for punishment of an offense corniced outside of its
territory in similar circumstances, extradition may nonetheless be
granted in the discretion of the executive authority of the Requested
State, provided that all other requirements of this Treaty are met.

5. If extradition has been granted for an extraditable offense, it may also be
granted for any other offense specified in the request even if the later offense is
punishable by less than one year's deprivation of liberty, provided that all other
requirements for extradition are met.

Article 3

Nationality

If all conditions in this Treaty relating to extradition are met, extradition shall
not be refused based on the nationality of the person sought.

Article 4

Political and Military Offenses

1. Extradition shall not be granted if the offense for which extradition is re-
quested is a political offense.

2. For the purposes of this Treaty, the following offenses shall not be consid-
ered to be political offenses:

(a) a murder or other violent 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 have the obligation pur-
suant to a multilateral international agreement to extradite the person

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sought or to submit the case to their competent authorities for deci-
sion as to prosecution; and

(c) a conspiracy or attempt to commit any of the foregoing offenses, or
aiding or abetting a person who commits or attempts to commit such
offences.

3. Notwithstanding the terms of paragraph 2 of this Article, extradition shall
not be granted if the executive authority of the Requested State determines that
the request was politically motivated.

4. The executive authority of the Requested State may refuse extradition for
offenses under military law which are no offenses under ordinary criminal law.

Article 5

Prior Prosecution

1. Extradition shall not be granted when the person sought has been convicted
or acquitted in the Requested State for the offense for which extradition is re-
quested.

2. Extradition shall not be precluded by the fact that the authorities in the
Requested State have decided not to prosecute the person sought for the acts for
which extradition is requested, or to discontinue any criminal proceedings which
have been instituted against the person sought for those acts.

Article 6

Extradition Procedures and Required Documents

All requests for extradition shall be submitted through the diplomatic channel.

2. All requests shall be supported by:

(a) documents, statements, or other types of information which describe
the identity, and probable location of the person sought;

(b) information describing the facts of the offense and the procedural
history of the case;

(c) information as to:

(i) the provisions of the laws describing the essential elements of
the offense for which extradition is requested;

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AND

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(ii) the provisions of the law describing the punishment for the of-
fense; and

(iii) the provisions of law describing any time limit on the prosecu-
tion; and

(d) the documents, statements, or other types of information specified in
paragraph 3 or paragraph 4 of this Arixle, as applicable.

3. A request for extradition of a person who is sought for prosecution shall
also be supported by:

(a) a copy of the warrant or order of arrest, if any, issued by a judge or
other competent authority of the Requesting State;

(8) a document setting forth the charges; and

(c) Such information as would provide a reasonable basis to believe that
the person sought committed the offense for which extradition is re-
quested.

4. A request for extradition relating to a person who has been convicted of the
offense for which extradition is sought shall also be supported by:

(a) copy of the judgement of conviction or, if such copy is not available,
a statement by a judicial authority that the person has been convicted;

(b) information establishing that the person sought is the person to whom
the conviction refers;

(c) a copy r ;the sentence imposed, if the person sought has been sen-
tenced, and a statement establishing to what extent the sentence has
been carried out; and

(d) in the case of a person who has been convicted in absentia, the docu-
ments required by paragraph 3.

Article 7

Admissibility of Documents

The documents which accompany extradition request shall be received and
admitted as evidence in extradition proceedings if:

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(a) in the case of a request from the United States, they are authenticated
by an officer to the United States Department of State and are certi-
fied by the principal diplomatic or consular officer of Antigua and
Barbuda resident in the United States;

(b) in the case of a request from Antigua and Barbuda they are certified
by the principal diplomatic or consular officer on the United states
resident in Antigua and Barbuda, as provided by the extradition laws
of the United States; or

(c) they are certified or but authenticated in any other manner accepted
by the law of the Requested State.

Article 8

Lapse of Time

Extradition shall not be denied because of the prescriptive laws of either the
Requesting States or the Requested State.

Article 9

Provisional Arrest

1. In case of urgency, a Contracting State may initiate the process of extradi-
tion by requesting the provisional arrest of the person sought. A request for pro-
visional arrest may be transmitted through the diplomatic channel or directly be-
tween the United States Department of Justice and the Attorney General in Antigua
and Barbuda. Such a request may also be transmitted through the facilities of the
International Criminal Police Organization (INTERPOL), or through such other
means as may be settled by arrangement between the Contracting States.

2. The application for provisional arrest shall contain:

(a) a description of the person sought;

(b) the location of the person sought, if known;

(c) a brief statement of the facts of the case, including, if possible the
time and location of the offense;

(d) ;r description of the laws violated;

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(e) a statement of the existence of a warrant of arrest or a finding of guilt
or judgment of conviction against the person sought; and

Cf) a statement that a request for extradition for the person sought will
follow.

3. The Requesting State shall be notified without delay of the disposition of its
application and the reasons for any denial.

4. Provisional arrest shall be terminated if, within a period of 45 days after the
apprehension of the person sought, the Requested State has not received the re-
quest for extradition and the documents mentioned in M c l e 6. This period may
be extended, upon the Requesting States application, for up to an additional 15
days after the appr +ension of the person sought.

5. The fact that the person sought has been discharged from custody pursuant
to paragraph 4 of this Article shall not prejudice the subsequent rearrest and ex-
tradition of that person if the extradition request and supporting documents are
delivered at a later date.

Article 10

Decision and Surrender

1. The Requested State shall promptly notifjr the Requesting Stkte through the
diplomatic channel of its decision on the request for extradition.

2. If the request is denied ira whole or in part, the Requested State shall provide
an explantation of the reason for the denial. The Requested State shall provide
copies of pertinent judicial decisions upon request.

3. If the request for extradition is granted, the authorities of the Contracting
States shall agree on the time and place for the surrender of the person sought.

4. If the person sought is not removed from the territory of the Requested State
within the time prescribed by the law of that State, that person may be discharged
from custody, and the Requested State may subsequently refuse extradition for
the same offense.

Article 11

Temporary and Deferred Surrender

1. If the extradition request is granted in the case of a person who is being
proceeded against or is sewing a sentence in the Requested State, the ReoxaesterR

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State may temporarily surrender the person sought to the Requesting State for the
purpose of prosecution. The person so surrendered shall be kept in custody in the
Requesting State and shall be returned to the Requested State after the conclusion
of the proceedings against that person, in accordance with conditions to be deter-
mined by mutual agreement of the Contracting States.

2. The Requested State may postpone the extradition proceedings against a
person who is being prosecuted or who is serving a sentence in that State. The
postponement may continue until the prosecution of the person sought has been
concluded or until such person has served any sentence imposed.

Article 12

Requests for Extradition Made by Several States

If the Requested State receives requests from the other Contactinq State and
from any other State or States for the extradition of the same person, either for
the same offense or for different offenses, the executive authority of the Requested
State shall determine to which State it will surrender the person. In making its
decision ,the Requested State shall consider all relevant factors, including but not
limited to;

(a) whether the requests were made pursuant to treaty;

(b) the place where each offense was committed;

(c) the respective interests of the Requesting States;

(C) the gravity of the offences;

(e) the nationality of the victim;

Gf) the possibility of further extradition between the Requesting States;
and

(g) the chronological order in which the requests were received from the
Requesting States.

Article 13

Seizure and Surrender of Property

1 . To the extent permitted under its law, the Requested State may seize and
surrender to t.be Requesting State all articles, documents, and evidence connected

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with the offense in respect of which extradition is granted. The items men oned
in this Article may be surrendered even when the extradition cannot be effected
due to the death, disappearance, or escape of the person sought.

2. The Requested State may condition the surrender of the property upon sat-
isfactory assurances from the Requesting State that the property will be returned
to the Requested State as soon as practicable. The Requested State may also defer
the surrender of such property if it is needed as evidence in the Requested State.

3. The rights of third parties in such property shall be duly respected.

Article 14

Rule of Speciality

1. A person extradited under this Treaty may not be detained, tried, or pun-
ished in the Requesting State except for:

(a) the offense for which extradition has been granted or a differently
denominated offense based on the same facts on which extradition
was granted, provided such offense is extraditable, or is lesser in-
cluded offense;

(b) an offense committed after the extradition of the persr.n; or

(c) an offense for which the executive axthority of the Requested State
consents to the pezson's detention, trial, or punishment. For the pur-
pose of this subparagraph

(i) the Requested State may require the submission of the docu-
ment called for in Article 6, and

(ii) the person extradited may be detained by the Requesting State
for 90 days while the request is being processed. This time pe-
riod may be extended by the Requested State upon request of
the Requesting State.

2. A person extradited under this Treaty may not be extradited to a third State
for an offense committed prior to his surrender unless the surrendering State
consents.

3. Paragraphs 1 and 2 of the Article shall not prevent the detention, trial, or
punishment of an extradited person, or the extradition of that person to a third
State, if:

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(a) that person leaves the territory of the Requesting State after extradi-
tion and voluntarily returns to it; or

(b) that person does not leave the territory of the Requesting State within
10 days of the day on which that person is free to leave.

Article 15

Waiver of Extradition

If the person sought consents to, surrender to the Requesting State, the Re-
quested State may surrender the person as expeditiously as possible without fur-
ther proceedings.

Article 16

Transit

1. Either contracting State may authorize transportation through its territory
of a person surrendered to the other State by a third State. A request for transit
shall be transmitted through the diplomatic channel or directly between the De-
partment of Justice in the United States and the Attorney General in Antigua and
Barbuda. Such a request may be transmitted through the facilities of the Interna-
tional Criminal Police Organization (INTERPOL), or through such other means
as may be settled by arrangement between the Contracting States. It shall contain
a description of the person being transported and a brief statement of the facts of
the case. A person in transit may be detained in custody during the period of
transit.

2. No authorization is required where air transportation is used and no landing
is scheduled on the territory of the Contracting State. If an unscheduled landing
occurs on the territory of the other Contracting State, the other Contracting State
may require the request for transit as provided in paragraph 1. That Contracting
State may detain the person to be transported until the request for transit is re-
ceived and the transit is effected, so long as the request is received within 96
hours of the unscheduled landing.

Article 17

Representation and Expenses

1. The Requested State shall advise, assist, appear in court on behalf of the
Requesting State, and represent the interests of the Requesting State, in any pro-
ceedings arising out of a request for extradition.

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2 . The Requesting State shall bear the expenses related to the translation of
documents and the transportation of the person surrendered. The Requested State
shail pay all other expenses incurred in that State by reason of the extradition
proceedings.

3. Neither State shall make any pecuniary claim against the other State arising
out of the arrest , detention, examination, or surrender of persons sought under
this Treaty.

Article 18

Consultatisn

The Department of Justice of the United States and the Attorney General of
Antigua and Barbuda may consult with each other directly in connection with he
processing of individual cases and in furtherance of maintaining and improving
procedures for the implementation of this Treaty. Issues considered in such con-
sultations shall include training and technical assistance.

Article 19

Application

Subject to Article 20(3), this Treaty shall apply to offenses committed beforc.
as well as after the date it enters into force.

Article 20

Ratification and Entry into Force

1. This Treaty sh il be subject to ratification; the instruments of ratification
shall be exchanged at Washington as soon as possible.

2. This Treaty shall enter into force upon the exchange of the instruments of
ratification.

5 . Upon the entry into force of this Treaty, the Treaty on Extradition signed at
London June 8,1972 shall cease to have any effect between the United States and
Antigua and Barbuda. Nevertheless, the prior Treaty shall apply to any extradi-
tion proceedings in which the extradition documents have already been submit-
ted to the courts of the Requested State at the time this Treaty enters into force,
except that Article 15 of this Treaty shall be applicable to such proceedings. Ar-
ticle 14 of this Treaty shall apply to persons found extraditable under the prior
Treaty.

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Article 21

Termination

Either Contracting State may terminate this Treaty at any time by giving ws it-
ten notice to the other Contracting State, and the termination shall be e F ,cc. .i ve srs
months after the date of receipt of such notice.

IN WITNESS WHEREOF, the undersigned, being duly authorized try their
respective Governments have Signed this Treaty.

DONE at St. John's, in du-plli:ate, this 3rd day of June, 1996.

Jeanette W. Hyde, Lester B, Bird,

FOR THE GOVERNMENT OF THE FOR THE GOVEWMENT OF
UNITED STATES OF AMERICA. ANTIGUA A m BAE3BTJDA.

Passed the House of Representatives Passed the Senate thls 20th day of
this 8th day of June, 2000. June, 2000.

B. Harris,
Speaker.

U. Henry,
Acting Clerk to the House of

Representatives.

L. Smith,
Vice President.

S. Walker,
Clerk to the Senate

Printed at the Government Printing Office, Antigua and Barbuda,
by Donovan Southwell, Government Printer

- By Authority, 2000.
800---9.00 [Price $5.75 ]
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