DECREE NO 6,738, DE January 12, 2009.

Promulga the Treaty of Extradition between the Government of the Federative Republic of Brazil and the Government of the Dominican Republic, celebrated in Brasilia on November 17, 2003.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and

Considering that the Government of the Federative Republic of Brazil and the Government of the Dominican Republic celebrated in Brasilia on November 17, 2003, a Treaty of Extradition ;

Considering that the National Congress passed this Treaty through the Legislative Decree no 297, of July 13, 2006 ;

Whereas the Agreement entered into international vigor on December 25, 2008, pursuant to its Article 31 ;

DECRETA:

Art. 1st The Treaty of Extradition between the Government of the Federative Republic of Brazil and the Government of the Dominican Republic, celebrated in Brasilia, on November 17, 2003, apse by copy to this Decree, shall be executed and fulfilled as entirely as it contains.

Art. 2nd They are subject to approval by the National Congress any acts that may result in revision of the said Treaty, as well as any further adjustments that, in the terms of art. 49, inciso I, of the Constitution, carries charges or engraved commitments to the national heritage.

Art. 3rd This Decree goes into effect on the date of its publication.

Brasilia, January 12, 2009 ; 188º of the Independence and 121º of the Republic.

LUIZ INACIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

Treaty of Extradition between the Government of the Federative Republic

of Brazil and the Government of the Dominican Republic

The Government of the Federative Republic of Brazil

and

The Government of the Dominican Republic

(henceforth named?Parts?),

DESIRING to make more effective the efforts made by the Parties to the fight against crime ;

OBSERVING the principles of respect for sovereignty and non-interference in the internal affairs of each of the Parties, as well as the norms of International Law ; and

CONSCIOUS of the need to undertake the most extensive cooperation for extradition of people that are being processed or have been condemned by the competent authorities of the Parties,

CONCLEMU the present Treaty on the terms below:

CHAPTER I

Of The Obligation of Extradition

ARTICLE 1º

The Parties shall compel each other for delivery in accordance with the conditions laid down in the present Treaty, and in accordance with the internal rules of each of them, of persons responding to the criminal proceedings or have been convicted by the judicial authorities of one of the Parties and to be in the territory of the other, for execution of a pity that consists in deprivation of freedom.

CHAPTER II

Admissibility

ARTICLE 2º

1.Para that if you proceed to extradition, you need to:

a) the requesting Party has jurisdiction to judge on the facts on which the request for extradition, whether committed or not in its territory, is substantiated ;

b) the laws of both Parties impose deprivation minimum sentences of one year, regardless of the circumstances and the denomination of the crime ; and

c) the share of the penalty not yet fulfilled is equal to or greater than one year, in the case of extradition for execution of sentence.

2. Where the extradition request refers to more than one crime, and some of them fail to comply with the requirements of this article, extradition may be granted if at least one of the crimes fulfils the said requirements.

3. Extradition is cabin as to authors, co-authors and accomplices, whatever the degree of participation in crime, in accordance with the provisions of this Treaty.

4. The facts provided for in multilateral agreements duly ratified by the Parties involved in the application, also authorize the extradition.

5. In matters of tax crimes or against the economic, financial and monetary order, extradition shall be granted with observance of this Treaty and the legislation of the requested Party. Extradition may not be denied because the law of the requested Party does not establish the same type of tax or tax, or these are not regulated in the same way in the law of both Parties.

CHAPTER III

From Inadmissibility

ARTICLE 3º

1.Não will be granted extradition:

a) when, by the same fact, the claimed person has already been tried, amnestied or indulged in the requested Party ;

(b) where the claimed person has to appear, in the requesting Party, before the Tribunal or Judgment of exception ;

c) when the criminal infraction by which extradition is sought is of a strictly military nature ;

d) when the infraction constitutes political crime or congenial fact ;

e) when the requested Party has founded reason to assume that the extradition request was filed with the purpose of pursuing or punishing the person claimed by reason of race, religion, nationality or political opinions, as well as to assume that the situation of the same is aggravated by those grounds.

2. The qualification of the crime shall be solely for the authorities of the requested Party.

3. The claim of the end or political motive will not prevent the extradition if the fact constitutes, primarily, infringing the common law. In this case, the granting of extradition will be conditional on the formal commitment of the requesting Party that the end or political motive will not compete for the aggravation of the penalty.

4. For the purposes of this Treaty, strictly military crimes shall be deemed to be criminal offences that terminate strange acts or facts to the common criminal law and which derive solely from special legislation applicable to the military and tendant to the maintenance of order or discipline in the Armed Forces.

5. The simple allegation of a political purpose in the practice of a crime does not qualify him as an offence of such a nature.

ARTICLE 4º

For the purposes of this Treaty, no infractions of a political nature will be considered:

a) the attacks on the life of a Head of State or Foreign Government, or against members of his family ;

b) the genocide, war crimes and those committed against the peace and security of humanity ;

c) the acts of terrorism, such as:

I-attacks on life, physical integrity or freedom of persons who are entitled to international protection, included agents diplomatic ;

II-the taking of hostages or the abduction of people ;

III-attacks on people or goods committed upon employment of bombs, grenades, rockets, mines, weapons of fire, explosives or similar devices ;

IV-the acts of illegal capture of boats or aircraft ;

V-the attempted practice of crimes provided for in this article or the participation, as a co-author or accomplice, of a person who commits or tries to commit so-called crimes ; and

VI-any act of violence not understood between the earlier ones and is directed against life, the physical integrity, the freedom of the people, or that vise to reach institutions.

ARTICLE 5º

In order to qualify the political nature of the crime, the requested Party may take into account the circumstances that the requesting Party is coated with the representative democratic form of government.

CHAPTER IV

From the Facultative Denegation

ARTICLE 6º

1. Where the extradition is proceeding in accordance with the provisions of this Treaty, the nationality of the person claimed shall not be able to be relied upon to denigrate extradition unless a constitutional provision establishes the contrary. The Party that for this reason does not hand over its national shall promote, at the request of the requesting Party, its judgment, keeping it informed about the progress of the proceedings and, finalized this one, will refer copy of the sentence.

2. For the purposes of this Article, the condition of national shall be determined by the legislation of the requested Party, appreciated at the time of the decision on the extradition, and where the nationality has not been acquired with the fraudulent purpose of prevent it.

ARTICLE 7º

The limitation of the action or punishment of the crimes for which extradition is requested shall be governed by the law of the requesting Party. The requested Party, however, may denigrate extradition if the action or penalty is prescribed under its legislation.

ARTICLE 8º

It may be denigrated for extradition if the claimed person is being tried in the territory of the Part required, by the facts that substantiate the solicitation.

CHAPTER V

From Guarantees to Extradited Person

ARTICLE 9º

The person extradited by virtue of this Treaty will not be able to:

a) be handed over to the third country that to complain, except by agreement of the requested Party ; and

b) be processed and judged by any other offender previously committed, and may, however, the requesting Party request the extension of the extradition granted.

ARTICLE 10

To the claimed person will be guaranteed broad defense, assistance of a defender and, if necessary, the an interpreter in accordance with the legislation of the requested Party.

ARTICLE 11

When the qualification of the imputed fact comes to modify during the process, the person complained about will only be processed or judged to the extent that the constitutive elements of the crime that correspond to the new qualification allow extradition.

ARTICLE 12

Extradition will not be granted without the requesting Party offering assurance that it will be computed the time of imprisonment which has been imposed on the person claimed in the requested Party, by virtue of extradition.

ARTICLE 13

When the determinant infraction of extradition request is punishable with death penalty, arrest perpetual or penalties for physical integrity and inhuman or degrading treatment, the requested Party may condition extradition to the prior guarantee, given by the requesting Party, by diplomatic means that, in the event of a conviction, such sentences will not be applied, converting the first two into the maximum custodial sentence of freedom provided for in the legislation of the requested Party.

CHAPTER VI

From Procedure

ARTICLE 14

1. The request for extradition will be made by diplomatic means, upon presentation of the following documents:

a) when dealing with unconvicted person: original or authentic copy of the arrest warrant or equivalent criminal case act, emanating from the authority competent foreign ;

b) when dealing with convicted person: original or authentic copy of the sentencing sentence and certify that the same has not been fully accomplished and of the time it lacked for its fulfillment.

2. The pieces or documents submitted shall contain the precise indication of the imputed fact, the date and place in which it was practiced, as well as data or background necessary to the proof of the identity of the person claimed. They should still be accompanied by copies of the texts of the law applied to the species in the requesting Party, of those who substantiate the jurisdiction of this, as well as the legal provisions relating to the limitation of the criminal action or conviction.

3. The requesting Party shall further present evidence and evidence that the complaint person has entered or remains in the territory of the requested Party.

4. If the extradition request is not properly formalized and instructed, the requested Party will ask the requesting Party that, within 60 (sixty) days, counted from the receipt of the communication, above the observed deficiencies. After that deadline, the application will be judged in light of the available elements.

ARTICLE 15

Documents that instruct the extradition request will be accompanied by translation into the language of the required Party.

ARTICLE 16

It will not be required for legalization when documents plan by diplomatic via.

ARTICLE 17

In the event of a refusal of extradition, the decision should be substantiated, no new application with basis in the same facts that originated the previous one.

ARTICLE 18

The requesting Party that obtains the extradition shall communicate to the Party required the final decision handed down on the cause that gave rise to the extradition request, if such a decision cleared the claimant.

CHAPTER VII

From Preventive Arrest

ARTICLE 19

1. The requesting Party may request, in case of urgency, the preventive detention of the person claimed, as well as the seizure of the objects concerning the crime.

2. Effective in prison, the requesting state should formalize the application within 60 (sixty) days. Should the application not be formalized within the prescribed period, the person claimed shall be placed on freedom and new application for imprisonment shall be admitted for the same fact if all the formalities required in this Treaty have been resumed.

ARTICLE 20

The application for remand for extradition may be submitted by the requesting Party to the required by diplomatic via or through the International Criminal Police Organization-INTERPOL, and may be transmitted by mail, fax or other means that allows written communication.

CHAPTER VIII

The Delivery of the Complained Person

ARTICLE 21

1. Granted extradition, the requested Party shall immediately communicate to the requesting Party that the person claimed is at their disposal.

2. If, within 60 (sixty) days counted from the communication, the person claimed has not been withdrawn by the requesting Party, the requested Party will give him freedom and will not arrest her again for the same delectable fact.

3. The delivery of the claimed person shall be postponed, in the custody of the requested Party, without prejudice to the extradition's effector, when:

a) serious illness to prevent, without danger of life, be it transported to the requesting Party ;

b) shall be subject to criminal action in the required Party, by another offence. Should you be prosecuted, your extradition may be delayed until the end of the process, and, in case of conviction, even the fulfillment of the penalty.

ARTICLE 22

The requesting Party will be able to send to the requested Party, with prior acquiescence of this, agents duly authorized, to assist in the recognition of the identity of the claimed person and to lead it to the territory of the former. Such agents shall not be able to exercise acts of authority in the territory of the requested Party and shall be subordinated to the authorities of this Party. The spent spending will run on account of the requesting Party.

CHAPTER IX

The Traffic of the Claimed Person

ARTICLE 23

1. The transit, by the territory of either Party, of a person delivered by third State to one of them and who is not a national of the transit country, shall be permitted regardless of any judicial formality. For this, it will be sufficient for simple request made by diplomatic via, accompanied by the presentation, in original or authentic copy, of the document by which the state of refuge has granted extradition.

2. Transit may be refused for serious reasons of public order, or when the fact that it has determined the extradition is of those who, under this Treaty, would not justify it.

3. You will not need to apply for the transit of the person claimed when you employ means of air transport that do not provide for landing in the territory of the State of transit, save the case of military aircraft.

CHAPTER X

Of Costs

ARTICLE 24

Shall Run on account of the requested Party the costs arising from the extradition request, up to the time of the delivery of the person complained to the duly empowered officers of the requesting Party, running on account of those who follow, including the expense of the rear.

CHAPTER XI

From Documents, Objects and Values

ARTICLE 25

1. Re-salvaged the rights of third parties, and met the provisions of the required Party legislation, all documents, objects and values that relate to the crime and that, at the time of arrest, have been found in power of the person claimed, will be delivered, with this, to the requesting Party.

2. The documents, objects and values in third party power, and which have equally relationship with the crime, will also be seized, but will only be delivered after they have resolved the opposite exceptions by the stakeholders.

3.Atendidas the preceding caves, the delivery of the said documents, objects and values to the An applicant shall be effected, even if the extradition, already granted, has not been taken effect by reason of escape or death of the person claimed.

4. Should the documents, objects and values make necessary to the ongoing process instruction, the required Party can retain them for the time required.

CHAPTER XII

From Reduction of Extradited Person

ARTICLE 26

The extradited person who, after handed over by one Party to the other, lograr subtract with the action of the justice and return to the territory of the requested Party, will be arrested upon simple request made by diplomatic means, and handed over, again, without other formality, to the Party to which it has already been granted its extradition.

CHAPTER XIII

The Order Contest

ARTICLE 27

Where the extradition of a same person is requested by more than one State, it shall proceed from following manner:

a) when it comes to the same fact, preference will be given to the request of the State in whose territory the offence there has been committed ;

(b) when dealing with different facts, preference will be given to the request of the State in whose territory there has been committed the most serious offence, the judgment of the requested Party ;

c) when dealing with distinct facts, but that the required Party repute of equal gravity, preference will be given to the application that is submitted in the first place.

CHAPTER XIV

From the Controversion Solution

ARTICLE 28

The controversies that arise between the Parties on the provisions contained in this Treaty, will be resolved upon direct diplomatic negotiations.

CHAPTER XV

Final Provisions

ARTICLE 29

The request for extradition may be denigrated by the Party required for reasons of national sovereignty, of security, internal public order or other key interests.

ARTICLE 30

This Treaty shall be subject to ratification. The instruments of ratification will be exchanged in San Domingos.

ARTICLE 31

This Treaty shall enter into force 30 (thirty) days after the exchange of the instruments of ratification and will invigorate for an indefinite time.

ARTICLE 32

Each Party may, at any time, denounce this Treaty, by diplomatic track. The complaint shall take effect 6 (six) months after the date on which the other Party has received the respective notification. Requests for extradition in trammite will not be affected by the complaint.

Done in Brasília, on November 17, 2003, in two original copies, in the Portuguese languages and Spanish, being both equally authentic texts.

__________________________

BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL

AMORIM CELSO

Minister of Foreign Affairs

__________________________

BY THE GOVERNMENT OF THE DOMINICAN REPUBLIC

FRANCISCO GUERRERO PRATS

Secretary of State for Foreign Affairs