DECREE NO. 5,867, OF August 3, 2006.

Promuling the Extradition Agreement between the States Parties to Mercosur and the Republic of Chile, of December 10, 1998.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers the art. 84, inciso IV, of the Constitution, and

Considering that the National Congress has approved, by means of the Legislative Decree no 35 of April 11, 2002, the text of the Extradition Agreement between the States Parties to Mercosur and the Republic of Bolivia and the Republic of Chile, concluded in Rio de Janeiro, on December 10, 1998;

Whereas the Agreement came into force on the international level on April 11, 2005, pursuant to your art. 31;

DECRETA:

Art. 1st The Extradition Agreement between the States Parties to Mercosur and the Republic of Bolivia and the Republic of Chile, signed on December 10, 1998, apenso by copy to present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd are subject to the approval of the National Congress any acts that may result in revision of the said Agreement or that carries charges or gravy commitments to the national heritage, in the terms of art. 49, inciso I, of the Constitution.

Art. 3rd This Decree shall come into force on the date of its publication.

Brasilia, August 3- 2006; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

This text does not replace the one published in the D.O.U. of 8/5/2006

EXTRADITION AGREEMENT BETWEEN THE STATES PARTS OF MERCOSUR

AND THE REPUBLIC OF BOLIVIA AND THE REPUBLIC OF CHILE

The Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties to the Common Market of the South (MERCOSUR), the Republic of Bolivia and the Republic of Chile, henceforth named?States Parties? of this Agreement;

Considering the Treaty of Assumption, signed on March 26, 1991 between the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay and the Ouro Preto Protocol, on the institutional structure of MERCOSUR, signed on December 17, 1994 by those same States Parties;

Considering the Economic Supplementation Agreement N ° 36 firmed between the MERCOSUR and the Republic of Bolivia; the Economic Supplementation Agreement N ° 35 struck between the MERCOSUR and the Republic of Chile and the decisions of the Common Market Council of MERCOSUR N ° 14/96?Participation of Third Parties Associated in Meetings of MERCOSUR? and N ° 12/97?Participation of Chile in Meetings of MERCOSUR?;

Recalling that the foundational instruments of MERCOSUR establish the commitment by States Parties to harmonize their legislations;

reaffirming the desire of the states Parties to MERCOSUR to agree common legal solutions with views to strengthening the integration process;

Destacturing the importance of contemplating such solutions in legal instruments of cooperation in areas of interest commonplace such as legal cooperation and extradition;

Convinced of the need to simplify and to expedite international cooperation to enable the harmonisation and compatibilization of the standards governing the exercise of the jurisdictional function of States Parties;

Taking into account the evolution of democratic states, tendant to the gradual elimination of offences of a political nature as the exception to extradition;

Resolve to celebrate an Agreement of Extradition in the following terms:

CHAPTER I

General principles

ARTICLE 1

Da Obligation to Concave to Extradition

States Parties oblige themselves to deliver, reciprocally, under the rules and conditions set out in this Agreement, persons who find themselves in their respective territories and who are sought by the competent authorities of another State Party, to be prosecuted for the presumed practice of any offence, which respond to the process already under way or to the execution of a deprivative sentence of freedom.

ARTICLE 2

Delights that Give Cause to Extradition

1. They will give cause to extradition of the typified acts as offence under the laws of the State Party applicant and the State Party required, irrespective of the denomination given to the crime, which are punishable in both States with a custotic penalty of freedom of maximum duration not less than two years.

2. If extradition is required for the execution of a sentence required, ademais, that the portion of the penalty yet to be fulfilled is not less than six months.

3. If the extradition required by one of the States Parties refers to diverse and related offences, respected the principle of double jeopardiation for each of them, it shall suffice that only one satisfies the requirements laid down in this article so that the extradition may be granted, including with respect to the remaining offences.

4. It shall also proceed to extradition on the basis of the offences provided for in multilateral agreements prevailing between the State Party plaintiff and the State Party required.

5. Any offence which is not expressly provided for in the exceptions of Chapter III of this Agreement, shall take the extradition whenever it meets the requirements set out in Article 3.

CHAPTER II

From the Proceedings of Extradition

ARTICLE 3

Da Jurisdiction, Double Jeopardy and Apenement

For extradition to be adjudicated proceeded is necessary:

a) that the State Party applicant has jurisdiction to know from the acts that substantiate the claim, save when the State Party required has jurisdiction to know of the cause; and

b) which, at the time when requesting extradition, the acts that substantiate the application meet the requirements of Article 2 of this Agreement.

CHAPTER III

From the Improvenance of Extradition

ARTICLE 4

Modification of the Delite Qualification

If the qualification of the constitutive fact of the offence that motivated the extradition is subsequently modified in the course of the proceedings in the State Party applicant, the action will not be able proceed, unless the new qualification allows for extradition.

ARTICLE 5

From the Political Delites

1. It will not be granted extradition for offences that the State Party required to consider to be political or related to other offences of a political nature. The mere allegation of an end or political motive will not imply that the offence should necessarily be qualified as such.

2. For the purposes of this Agreement, no political offences shall be considered, under any circumstances:

a) attest against life or cause the death of a Head of State or Government or other national or local authorities or of their relatives;

b) genocide, war crimes or offenses against humanity, in violation of the norms of International Law;

c) acts of a terrorist nature which, by way of exemplificative title, imply some of the following conduits:

i) attack on life, physical integrity or the freedom of people who have the right to international protection, there included diplomatic agents;

ii) taken from hostage or hijacking of persons;

iii) attack on persons or property involving the use of pumps, grenades, roars, mines, firearms, letters or packages containing explosives or other devices capable of causing common danger or public commotion;

iv) acts of illicit capture of vessels or aircraft;

v) in general, any act not understood in the previous items, committed for the purpose of timeless a population, classes or sectors of it, of attrition against the economy of a country, its cultural or ecological heritage, or of carrying out reprisals of political, racial, or religious character;

vi) the attempt of any of the misdeeds in this article.

ARTICLE 6

Dos Military Offences

Will not grant extradition for offenses of uniquely military nature.

ARTICLE 7

Da Coisa Julgada, Indulto, Amnesty, and Graça

Do not grant the extradition of person claimed if it has already been tried, indulged, benefited by amnesty or obtained grace by the State Party required with respect to the act or to the acts that substantiate the extradition request.

ARTICLE 8

Dos Courts of Exception or? ad hoc?

You will not grant the extradition of the person claimed in case this has been condemned or should it be adjudicated in the State Party plaintiff by an Exception Court or? ad hoc?.

ARTICLE 9

From Prescription

It will not grant extradition when the action or penalty is prescribed as per the legislation of the State Party plaintiff or the State Party required.

ARTICLE 10

Dos Menores

1. It will not be granted extradition when the person claimed is less than eighteen at the time of the practice of the fact or the facts by which the person is claimed.

2. In such a case, the State Party required shall take the corrective measures which, in accordance with its legal planning, would be applicable should the Houthi facts been practiced in its territory by an inimitable minor.

CHAPTER IV

Facultative Denegation of Extradition

ARTICLE 11

Da Nationality

1. The nationality of the person claimed may not be relied upon to denigrate extradition, unless otherwise stipulated by the constitutional provision.

2. States Parties that do not contemplate provision of a nature equal to that provided for in the preceding paragraph will be able to denigrate the extradition of their nationals.

3. In the hypotheses of the preceding paragraphs, the State Party that denigrates extradition should promote the trial of the individual by keeping the other State Party informed of the progress of the proceedings, and shall still refer, finalised the judgment, copy of the sentence.

4. For the purposes of this article, the condition of national shall be determined by the legislation of the State Party required, appreciated when the time of the submission of the extradition request, and where the nationality has not been acquired with the fraudulent purpose of preventing it.

ARTICLE 12

Of The Actions in Course by the Same Offences

Power will denigrate extradition if the person complained is being tried in the territory of the State Party required in function of the fact or the facts that substantiate the request.

CHAPTER V

From the Limits to Extradition

ARTICLE 13

From the Death Penalty or Perpetual Private Penalty of Freedom

1. The State Party plaintiff shall not apply to the extradited, in any case, the death penalty or custotic penalty of liberty.

2. When the facts substantiating the extradition request are liable to punishment, in the State Party plaintiff, with the death penalty or perpetual penalty of freedom, the extradition will only be admitted if the penalty to be applied is not higher than the maximum penalty admitted in the penal law of the State Party required.

ARTICLE 14

Do Principle of Specialty

1. The person delivered shall not be detained, adjudicated or sentenced, on the territory of the State Party applicant, by other offences committed in advance to the date of the extradition request, and not contained in this, save in the following cases:

a) when the person extradited, and may abandon the territory of the State Party to which it was delivered, on him to remain voluntarily for more than 45 days rushed after his definitive release or to him return after having abandoned him;

b) when the competent authorities of the State Party required consent to the extent of extradition for the purposes of detention, trial or sentencing of the said person in function of any other offense.

2. For such an effect, the State Party Party shall refer to the State Party required formal request for extension of extradition, by the State Party required to decide whether to grant it. The said application should be accompanied by the documents provided for in paragraph 4 of Article 18 of this Agreement and of a judicial declaration on the facts that prompted the application for extension, provided by the extradited with due legal assistance.

ARTICLE 15

From Reextradition to a Third State

The person delivered will only be able to be reextradited to a third State with the consent of the State Party which has granted the extradition, save the case provided for in the "a" of Article 14 of this Agreement. The consent should be requested by means of the procedures set out in the final part of the mentioned article.

CHAPTER VI

From the Right of Defense and Detraction

ARTICLE 16

From the Right of Defense

The claimant person shall enjoy, in the State Party required, of all rights and guarantees that grant the legislation of that State. It should be assisted by an advocate, and if necessary, by interpreter.

ARTICLE 17

From Detraction

The period of detention served by the person extradited in the State Party required, by virtue of the extradition process, will be computed in the penalty to be complied with in the State Party applicant.

CHAPTER VII

Do Procedure

ARTICLE 18

Do Order

1. The extradition request will be forwarded via diplomatic route. Your diligenation will be governed by the legislation of the State Party required.

2. When to deal with an unconvicted individual, the extradition request should be accompanied by original or copy of the arrest warrant or equivalent criminal case act, as per the State Party legislation required, emanating from authority competent.

3. When dealing with a convicted individual, the extradition request should be accompanied by original or copy of the sentencing sentence and certificate that the same was not fully complied with and of the time it lacked for its compliance.

4. In the hypotheses referred to in paragraphs 2 and 3, they should still follow up with the request:

i) description of the facts by which the extradition requires, indicating the place and date of its occurrence, its legal qualification and making reference to the applicable legal provisions;

ii) all known data as to the identity, nationality, domicile, or residence of the person claimed and, if possible, photography, fingerprints and other means that allow for its identification; and

iii) copy or authentic transcription of the legal texts that typify and sanction the offence, by identifying the applicable penalty, the texts establishing the jurisdiction of the State Party applicant for them to take notice, as well as a statement that action and penalty are not prescribed in accordance with their legislation.

5. In the case provided for in Article 13, it shall be included as a statement by which the State Party Party shall undertake the commitment not to apply the death penalty or the perpetual penalty of freedom, obliging, ademals, to apply, as a maximum penalty, the largest penalty admitted by the criminal law of the State Party required.

ARTICLE 19

From the Legalization Disthink

The extradition request, as well as the accompanying documents by force of the application of the devices of the present Agreement, will be exempt from legalization or similar formality.

Case present-if copies of documents, these should be authenticated by authority competent.

ARTICLE 20

Do Language

The extradition request and the accompanying documents will be accompanied by translation in the language of the State Party required.

ARTICLE 21

From supplemental information

1. If the data or documents sent together to the extradition request are insufficient or defective, the State Party required shall communicate that fact without delay, by diplomatic means, to the State Party applicant, which shall have the time limit of 45 days gone by, numbered on the date of receipt of the communication, to correct such defects or omissions.

2. If by duly substantiated special circumstances, the State Party plaintiff is unable to comply with the provisions of the preceding paragraph within the specified time limit, it may request the State Party required for an extension of the said period by further 20 days rushed.

3. The defulfillment of the provisions of the preceding paragraphs shall be deemed to be dismissal of the extradition request.

ARTICLE 22

Decision and Delivery

1. The State Party required shall communicate, without delay, to the State Party plaintiff, by diplomatic way, its decision with respect to extradition.

2. Any denegatory, total or partial decision, with respect to the extradition request, should be substantiated.

3. When extradition is granted, the State Party Party applicant will be informed of the place and date of delivery, as well as of the duration of detention complied with by the person complained for extradition effect.

4. If within 30 days correct, counted from the date of notification, the State Party plaintiff does not remove the person claimed, this shall be put to liberty, and the State Party required to denigrate subsequently extradition by the same facts.

5. In the event of force majeer or serious illness, duly substantiated, which prevents or is an obstacle to the delivery or receipt of the person claimed, such circumstance shall be informed to the other State Party, before the expiry of the period provided for in the previous paragraph, and may agree a new date for the delivery and reception.

6. When the delivery of the person claimed, or as soon as this is possible, shall surrender to the State Party plaintiff the documentation, the goods and the remaining belongings which, equally, should be placed at the disposal, as provided for in the present Agreement.

7. The State Party applicant will be able to send to the State Party required, with the latter's annuence, duly authorized agents that will assist in the recognition of the extradited and in the conduct of this to the territory of the State Party Applicant to whom, in your activity will be subordinated to the authorities of the State Party required.

ARTICLE 23

From Different

1. When the person whose extradition requires is subject to proceeding or serving sentence in the State Party required for a separate offence from the one who motivates the extradition, it will be up to the latter to also resolve on the extradition request and notify the State Party applicant as to its decision.

2. If the decision is favourable, the State Party required may defer the delivery period by respecting the completion of the criminal procedure, or until it has been served. Notwithstanding, if the State Party required to sanction the offence which substantiates the deferment with a penalty whose duration is less than that set out in paragraph 1 of Article 2 of this Agreement, it shall proceed to delivery without delay.

3. Civil liabilities derived from the offence or any civil proceeding to which the person is subject to the person complained will not be able to prevent or slow the delivery.

4. The postponement of the delivery shall suspend the caper of the limitation period of the lawsuits that take place in the State Party plaintiff for the facts that motivate the extradition request.

ARTICLE 24

From the Delivery of the Bens

1. Should the extradition be granted, the goods that are found in the State Party required and that are proceeds of the offence or which may serve as proof shall be delivered to the State Party plaintiff, if the latter so request. The delivery of the said goods will be contingent upon the law of the State Party required and the rights of third parties perhaps affected.

2. Without prejudice to paragraph 1 of this article, such goods shall be delivered to the State Party plaintiff, if the latter so request, even in the event that the effect of extradition is not carried out in consequence of death or escape of the person claimed.

3. When such goods are susceptible to embargo or forfeiture in the territory of the State Party required, this may, by effect of an ongoing criminal case, temporarily retain them or hand them over under condition of their future restitution.

4. When the law of the State Party required or the right of third parties affected so to require it, the goods shall be returned without any burden, to the State Party required.

ARTICLE 25

From the Competing Requests

1. In the case of competing extradition requests, referring to a same person, the State Party required shall determine which of the said States whether there will be to be granted extradition, and shall notify of its decision to the requesting States Parties.

2. When the applications refer to a same offence, the State Party required shall give preference in the following order:

a) to the State in whose territory if there is committed the offence;

b) to the State in whose territory it has habitual residence the person claimed;

c) to the state that first submitted the application.

3.When applications refer to distinct offences, the State Party required, under its legislation, will give preference to the State which has jurisdiction over the most serious offence. With equal seriousness, preference will be given to the state which first submitted the application.

ARTICLE 26

Transit of the Person Extradited

1. The States Parties shall cooperate with each other aiming to facilitate transit through their territory of extradited persons. To this end, the transit through the territory of one of the States Parties shall require-whenever no grounds for public order-the prior submission of a request by diplomatic track accompanied by copies of the original extradition request and the communication that authorizes it.

2. It will be up to the authorities of the State Party of transit to the custody of the claimant. The State Party plaintiff will reimburse the State Party of transit the contracted spending in the fulfillment of such an obligation.

3. It will not be necessary to apply for extradition in transit when means of air transport are used without a landing forecast on the territory of the State Part of transit.

ARTICLE 27

From Extradition Simplified or Voluntary

The State Party required will be able to grant extradition if the person complained, with due legal assistance and before the judicial authority of the State Party required, to declare your express annuence in turning over to the State Party applicant, after there has been informed of your right to a formal extradition procedure and the protection that such right encloses.

ARTICLE 28

Das Expenses

1. The State Party required shall bear the costing of the expenses occasioned on its territory in consequence of the detention of the person whose extradition is requested. Expenses incurred on the backside and transit of the person claimed outside the territory of the State Party required will be in charge of the State Party Applicant.

2. The State Party Party shall bear with the expenses of transport to the State Party required of the extradited person who has been acquitted or found innocent.

CHAPTER VIII

Da Preventive Detention for the purposes of Extradition

ARTICLE 29

From Preventive Prison

1. The competent authorities of the State Party applicant will be able to apply for preventive detention to ensure the extradition procedure of the person complained, which will be met with maximum urgency by the State Party required in accordance with its legislation.

2. The application for a preventive arrest should indicate that such a person responds to a case or is subject to a sentencing or court detention order, and is expected to conserve the date and acts that motivate the application, as well as the time and place of his / her occurrence, in addition to affiliation data and others permitting identification of the person whose arrest requires. It should also appear in the application for the intention to proceed to a formal extradition request.

3. The application for preventive arrest may be submitted by the competent authorities of the State Party applicant by diplomatic route or by the International Criminal Police Organization (INTERPOL), and it shall be transmitted by mail, fax or any another means that allows the communication in writing.

4. The person arrested by virtue of the said remand request will be immediately put into freedom if the 40-day-old cable, from the date of notification of his arrest to the State Party applicant, this shall not have formalized a request for extradition before the foreign ministry of the State Party required.

5. If the person complained is to be put into freedom by virtue of the provisions of the preceding paragraph, the State Party applicant will only be able to request new arrest from the person claimed upon formal request for extradition.

CHAPTER IX

From Security, Public Order and Other Essential Interests

ARTICLE 30

Da Security, Public Order and Other Essential Interests

Exceptionally, and with due statement of reasons, the State Party required may denigrate the extradition request when its compliance is contrary to security, public order, or other essential interests of the State Party required.

CHAPTER X

Of The Final Provisions

ARTICLE 31

1. This Agreement shall enter into force when the instruments of ratification have been deposited by at least two States Parties to MERCOSUR and by the Republic of Bolivia or the Republic of Chile.

2. For the remaining ratifiers will enter into force on the thirtieth day later than the deposit of their respective instrument of ratification.

3. The Republic of Paraguay shall be the depositary of the Present Agreement and the instruments of ratification, and shall send duly certified copies to the remaining States Parties.

Firmed in Rio de Janeiro, at the ten days of the month of December 1998, in two original copies, in the Portuguese and Spanish languages, being both texts being equally authentic.

By the Argentine Republic

Guido Di Tella

By the Federative Republic of Brazil

Luiz Felipe Lampreia

By the Republic of Paraguay

Dido Florentin Bogado

By the Eastern Republic of Uruguay

Didier Opertti

By Republic of Bolivia

Javier Murillo de la Rocha

By the Republic of Chile

José Miguel Insulza