24 FEBRUARY 2005. - An Act to approve the Convention between the Kingdom of Belgium and the Kingdom of Morocco on extradition, signed in Brussels on 7 July 1997 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention between the Kingdom of Belgium and the Kingdom of Morocco on extradition, signed in Brussels on 7 July 1997, will emerge its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 February 2005.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
Senate.
Documents:
No. 3-928/1: Bill tabled on 24 November 2004.
Number 3-928/2: Report.
Annales parlementaire :
Discussion, meeting of December 21, 2004.
Vote, meeting of 21 December 2004.
House of Representatives.
Documents:
No. 51-1525/1: Project transmitted by the Senate.
No. 51-1525/2: Text adopted in plenary and subject to Royal Assent.
Annales parlementaire :
Discussion, meeting of 20 January 2005.
Voting, meeting of 20 January 2005.
(2) This Convention comes into force on 1^er May 2005.

Convention between the Kingdom of Belgium and the Kingdom of Morocco on extradition
The Kingdom of Belgium
and
The Kingdom of Morocco,
Desirous of maintaining and strengthening the ties between their two countries and regulating their extradition reports, decided to update and amend the extradition agreement and the additional protocol signed on 27 February 1959. Accordingly, they decided to conclude the following convention:
PART I^er. - Obligation of extradition
Article 1^er
1. The Contracting Parties shall undertake to surrender, in accordance with the rules and conditions determined by the following articles, individuals who, in the territory of one of the two States, are prosecuted for an offence or sought for the purpose of carrying out a custodial sentence or a security measure by the judicial authorities.
2. The custodial measures ordered by the judicial authorities in addition or in substitution of a sentence shall be considered only as security measures under this Convention.
PART II. - Extradition
Article 2
1. Only the acts which, under the laws of the two Contracting Parties, constitute offences punishable by deprivation of liberty, the maximum duration of which exceeds two years. When these facts have been convicted, the sentence imposed by the courts of the requesting State must be a custodial sentence of at least one year. When it comes to the enforcement of a security measure, the orderly deprivation of liberty must be of an indefinite duration or at least four months.
2. (a) If the extradition request applies to a number of separate punishable acts each, under the laws of the two Parties, of a custodial sentence but some of which do not meet the penalty rate requirement, extradition may also be granted for these facts.
(b) If the request for extradition is for the enforcement of several custodial sentences or the enforcement of several security measures, some of which do not meet the condition of the sentence imposed or the duration of a security measure, the extradition may also be granted for the enforcement of such penalties or for the enforcement of such security measures.
3. All forms of participation in the facts listed above are included in the previous qualifications, as well as the attempt, when punished by the laws of both countries.
PART III. - Reasons for refusal of extradition
Political offences
Article 3
1. Extradition will not be granted if the offence for which it is requested is considered by the requested Party as a political offence or as a related fact to such an offence.
2. The same rule shall apply if the Requested Party has serious reasons to believe that the request for extradition motivated by a common law offence has been submitted for the purpose of prosecuting or punishing an individual because of his or her race, religion, nationality or political opinion or that the situation of that individual may be aggravated for either of these reasons.
3. For the purposes of this Convention, the attack on the life of a Head of State or a member of his family will not be considered a political offence.
4. The application of this Article will not affect the obligations that Parties have assumed or will assume under any other multilateral international Convention.
No extradition of nationals
Article 4
Contracting Parties shall not extradite their respective nationals.
The quality of the national will be appreciated at the time of the offence for which extradition is required.
However, if these are offences punishable as crimes or offences in both States, the requested Party shall, upon request of the requesting Party, submit the case to the competent authorities so that judicial proceedings may be instituted if necessary.
To this end, files, documents and objects relating to the offence will be transmitted through diplomatic channels.
The requesting Party will be informed of the follow-up to its application.
As soon as it has established the jurisdiction of its courts, the requested State will inform the requesting State of the possibilities existing for the injured parties to form a civil party and of the remedies available.
Place of perpetration
Article 5
1. The requested Party may refuse to extradite the individual claimed for an offence which, according to its legislation, has been committed in whole or in part in its territory or in a place considered to be its territory.
2. Where the offence of extradition has been committed outside the territory of the requesting Party, extradition may only be refused if the legislation of the requested Party does not authorize the prosecution of an offence of the same kind committed outside its territory.
Ongoing prosecutions for the same facts
Article 6
The requested Party may refuse to extradite an individual claimed if that individual is the subject of his or her prosecution for the facts or facts for which extradition is sought.
Non bis in idem
Article 7
Extradition shall not be granted where the claimed individual has been permanently tried by the competent authorities of the requested Party, for the facts or facts for which extradition is requested. Extradition may be refused if the competent authorities of the requested Party have decided not to prosecute or to terminate the proceedings they have carried out for the same or the same facts. It may also be refused if the wanted individual has been tried by the authorities of a third State for the purpose of which extradition is requested.
Prescription and amnesty
Article 8
1. Extradition shall not be granted if the limitation of action or sentence is acquired under the law either of the requesting Party or of the requested Party.
2. Nor will it be granted if an amnesty has intervened in the requesting State or if an amnesty has intervened in the requested State provided that, in the latter case, the offence is the number of that which may be prosecuted in that State when committed by a foreigner outside the territory.
Capital punishment
Article 9
If the facts to which extradition is requested are punishable by capital punishment by the law of the requesting State, the penalty shall be replaced by the penalty provided for in the same acts by the law of the requested State.
PART IV. - Extradition procedure
Submission of the application
Article 10
1. The request will be made in writing and submitted through diplomatic channels.
2. It will be produced in support of the request:
(a) the original or authentic shipment either of an enforceable conviction or of an arrest warrant or any other act having the same force, issued in the forms prescribed by the law of the requesting Party;
(b) a statement of the facts for which extradition is requested. The time and place of their perpetration, their legal qualification and references to the legal provisions applicable to them will be indicated as precisely as possible;
(c) a copy of the applicable legal provisions, as well as the accurate reporting of the claimed individual and any other information that determines the identity and nationality of the claimed individual;
(d) the text of the law or a statement of the legal provisions describing any period applicable to the limitation of public action or punishment.
Additional information
Article 11
If the information provided by the requesting Party is found to be insufficient to allow the requested Party to make a decision pursuant to this Convention, the latter Party will request additional information necessary; it may set a time limit for obtaining such information.
Specialty rule
Article 12
1. The individual who has been delivered shall not be prosecuted, tried or detained for the execution of a sentence or measure of security or subject to any other restriction of his or her personal liberty for any act prior to the handover, other than the person who has motivated the extradition, except in the following cases:
(a) where the Party which has delivered it consents to it, an application shall be submitted to that effect, together with the documents provided for in Article 10 and a judicial record containing the declarations of the extradition. Such consent shall be given where the offence for which it is requested itself entails the obligation to extradite under this Convention;
(b) where the possibility of doing so was made, the extradited individual did not leave within 30 days of its final enlargement, the territory of the Party to which it was delivered or returned after leaving it;
(c) where the extradited individual has expressly consented in the presence of his or her counsel, to be prosecuted, tried or punished, in which case his or her consent shall be communicated to the Party that delivered it. His consent will be collected by a record before a member of the judiciary who must first inform him of the legal consequences of such consent.
2. However, the requesting Party may take the necessary measures, either from the interruption of the limitation in accordance with its legislation, including the use of a default procedure, or from a possible removal of the territory.
3. When the qualification given to the offence will be changed during the proceedings, the extradited individual will be prosecuted or tried only to the extent that the constituent elements of the newly qualified offence would permit extradition.
Extradition to a third State
Article 13
Except as provided in paragraph 1^erArticle 12, subparagraph (b), requires the consent of the requested Party to allow the requesting Party to give to a third State the person who has been handed over to it and who would be sought by that State for offences prior to the surrender. The requested Party may require the production of the parts provided for in Article 10, paragraph 2.
Provisional arrest
Article 14
1. In the event of an emergency, the competent authorities of the requesting Party may request the provisional arrest of the wanted individual; the competent authorities of the requested Party shall decide on this application in accordance with the law of that Party.
2. The request for provisional arrest shall indicate the existence of one of the documents provided for in paragraph 2, paragraph (a) of Article 10 and shall state the intention of sending an extradition request; it will mention the offence for which extradition will be requested, the time and place where it has been committed and, to the extent possible, the report of the individual sought.
3. The request for provisional arrest will be forwarded to the competent authorities of the requested Party either through diplomatic channels, either directly by mail or telegraph, or by the international criminal police organization, or by any other means leaving a written record.
If the transmission is not made by the diplomatic channel, it will be confirmed immediately by this way.
The requesting authority will be informed without delay of the follow-up to its application.
4. The provisional arrest may terminate if, within thirty days of the arrest, the requested Party has not been seized of the extradition request and the documents referred to in Article 10; in no case shall she exceed sixty days after the arrest. However, provisional release is possible at any time, except for the requested Party to take any action that it considers necessary to avoid the escape of the claimed individual.
5. The release will not be opposed to a new arrest and extradition if the extradition request reaches a later date.
Contest of queries
Article 15
If extradition is requested concurrently by several States, either for the same fact or for different facts, the requested Party shall rule in the light of all circumstances, including the relative gravity and location of the offences, the respective dates of the requests, the nationality of the claimed individual and the possibility of subsequent extradition to another State.
Remission of the extradited
Article 16
1. The requested Party shall notify the requesting Party by the way provided for in paragraph 1^er Article 10, its decision on extradition.
2. Any complete or partial rejection will be motivated.
3. In the event of acceptance, the Requesting Party shall be informed of the place and the date of surrender, and of the duration of the detention suffered for extradition by the claimed individual, which shall be charged on the length of the penalty to be imposed on the territory of the requesting Party.
4. The person to be extradited will be supported by the requesting Party, which will support the transfer costs.
5. Subject to the case referred to in paragraph 6 of this article, if the individual claimed has not been received on the fixed date, the individual may be released on expiry of a period of 30 days from that date; the requested Party may refuse to extradite it for the same fact.
6. In the event of force majeure preventing the surrender or receipt of the individual to be extradited, the Party concerned shall notify the other Party before the expiry of the period; both Parties shall agree on a new date of delivery and the provisions of paragraph 5 of this Article shall apply.
Adjournment of the discount
Article 17
The requested Party may, after deciding on the extradition request, adjourn the surrender of the claimed individual so that it may be prosecuted by it or, if it has already been convicted, so that it may serve, on its territory, a penalty incurred by reason of a fact other than that for which extradition is requested.
Delivery of objects
Article 18
1. In the event of extradition, the requested Party shall seize and remit to the extent permitted by its legislation the objects:
(a) that may be used as evidence,
or
(b) who, from the offence, would have been found at the time of the arrest in the possession of the claimed individual or would be discovered later.
2. The surrender of the objects referred to in paragraph 1^er of this section shall be carried out even in the event that the extradition already granted may not take place as a result of the death or escape of the claimed individual.
3. Where such objects are likely to be seized or forfeited in the territory of the requested Party, the requested Party may, for the purposes of an ongoing criminal procedure, temporarily or subject them to restitution.
4. However, the rights that the requested Party or third parties have acquired on these objects are reserved. If such rights exist, the objects shall, the trial completed, be returned as soon as possible and without charge to the requested Party, unless the requested Party is waived.
Transit
Article 19
1. The transit through the territory of one of the Contracting Parties shall be granted upon request by the way provided for in paragraph 1^er Article 10 and the requirements for extradition, except, however, with respect to the documents to be produced that only the documents referred to in paragraph 2, subparagraph (a) and (b) of Article 10 shall be required. It shall not be taken into account the conditions set out in article 2, paragraph 1^er and the duration of sentences.
2. In the event that the airway is used, the following provisions will be implemented:
(a) where no landing is scheduled, the requesting Party shall notify the Party whose territory shall be overflew, attest to the existence of one of the parts provided for in paragraph 2, subparagraph (a), of Article 10 and shall ensure that, according to the elements in its possession, transit may not be refused on the basis of this Convention and specifically Articles 4 and 9. In the case of a fortuitous landing, the notice of use of the airway will produce the effects of the application for provisional arrest referred to in article 14 and the requesting Party will issue a regular transit request;
(b) where a landing is scheduled, the requesting Party will issue a regular transit request.
Military offences
Rule 20
This Convention does not apply in the case of purely military offences.
Languages to be used
Article 21
The documents to be produced will be in the language of the requesting Party. However, the documents that would not be established in the French language will be accompanied by a French translation certified in accordance with the original.
Fees
Article 22
1. The costs incurred by extradition in the territory of the requested Party shall be borne by that Party.
2. The costs incurred by transit through the territory of the requested Party of transit shall be borne by the requesting Party.
Settlement of disputes
Article 23
Any dispute arising from the interpretation or application of this Agreement shall be resolved through diplomatic channels.
It is established a joint advisory commission, composed of representatives of the Ministries of Foreign Affairs and Justice, which will meet periodically at the request of either State, in order to facilitate the regulation of problems arising from the application of this Convention.
PART V. - Final provisions
Article 24
This Convention repeals the Convention on Extradition and Mutual Legal Assistance in Criminal Matters between the Kingdom of Belgium and the Kingdom of Morocco and the Additional Protocol, signed in Rabat on 27 February 1959, to the extent that they are intended to deal with extradition.
Rule 25
Each Contracting Party shall notify the other Party of the fulfilment of the procedures required by its Constitution for the entry into force of this Convention. This will take effect on the first day of the second month following the date of the last notification.
This Convention shall be concluded for an unlimited period of time. Each of the two Parties may denounce it through a diplomatic written notification to the other Party. The denunciation shall take effect six months after the date of its consignment.
In faith, the representatives of the two States authorized for this purpose have signed this Convention and have put it on their seal.
Done in Brussels on 7 July 1997 in duplicate, in French, Dutch and Arabic, the three texts being equally authentic.