Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Law No. 2001-1119 of 28 November 2001 authorising the ratification of the extradition treaty between France and the United States of America (together a record of agreement on representation);
In light of the amended Decree No. 53-192 of 14 March 1953 on ratification and The publication of international commitments undertaken by France,
Describes:
The extradition treaty between France and the United States of America (together a record of agreement on the Representation), signed in Paris on 23 April 1996, will be published in the Official Journal of the French Republic.
The First Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
T R A I T E
EXTRADITION BETWEEN FRANCE AND THE UNITED STATES OF AMERICA (ENSEMBLE A MINUTES OF AGREEMENT ON REPRESENTATION)
The President De la République française,
Le Président des Etats-Unis d' Amérique,
Recalling the Convention on Extradition, with Protocol, between the French Republic and the United States of America, signed in Paris on January 6, 1909 and the Convention Additional extradition, signed in Paris on 12 February 1970, with exchange of letters of 2 and 11 June 1970, noting that these conventions are still in force between the Government of the French Republic and the Government of the United States From America until the entry into force of this Treaty;
Desiring to establish more effective cooperation between their States for the suppression of crime and in order to facilitate their relations in matters of extradition by the conclusion An extradition treaty;
resolved to conclude a new extradition treaty and to that end designated as plenipotentiaries:
The President of the French Republic: Mr. Jacques Toubon, the Minister of Justice;
The President of the United States of America: Ms. Janet Reno, Attorney General of the United States of America,
, after having mutually communicated their full and duly recognized powers, have agreed on the following articles:
Article 1
Obligation to extradite
The Contracting States undertake to reciprocally surrender, in accordance with the provisions of this Treaty, any person who is prosecuted or convicted by the authorities Of the requesting State for an extraditable offence.
Article 2
Extradition Offences
1. Extraditable offences under the laws of the two states, a deprivation of liberty for a maximum of at least one year or a more severe punishment. In addition, if extradition is requested for the execution of a judgment, the remaining part of the sentence must be at least six months.
2. Extradition shall also be given to the facts constituting an attempt or complicity in offences or participation in an association of criminals, as provided for in paragraph 1 of this
. For the purposes of this Article, an offence shall be extraditable:
a) Whether or not the laws of the two Contracting States classify the offence in the same category or describe it in identical terms;
b) Independently The fact that this is an offence for which the federal law of the United States requires proof of an element such as a transport between two States, the use of postal services, telegraphs or other means of exchange Between States of the United States of America or abroad or the effects on such exchanges, such evidence is required for the sole purpose of establishing the jurisdiction of the federal courts of the United
. Extradition shall be granted for an offence, giving rise to extradition, committed outside the territory of the requesting State, where the law of the requested State authorizes the prosecution or provides for the prosecution of that offence, in circumstances
5. If the request for extradition relates to a number of separate acts punishable each by the laws of the two States of a custodial sentence, but some of which do not satisfy the conditions laid down in paragraphs 1 and 2, the requested State shall grant Also extradition for the latter.
6. In the case of direct and indirect taxes, customs duties or currency exchange, extradition shall be granted under the conditions laid down in paragraphs 1 and 2 of this Article.
Article 3
Nationality
1. The requested State is not obliged to grant the extradition of one of its nationals, but the Executive Power of the United States has the right to do so, discretionally, if it deems it appropriate. The nationality of the person sought is the nationality of the person at the time of the commission of the
. If the request for extradition is refused only because the person sought is a national of the requested State, the latter shall, at the request of the requesting State, submit the case to his competent authorities for the purpose of carrying out criminal proceedings.
Article 4
Policy violations
1. Extradition shall not be granted by France where the offence for which extradition is sought is regarded by France as a political offence, such as an offence connected with such an offence or as an inspired offence
extradition is not granted by the United States when the offence for which extradition is requested is regarded by the United States as a political offence.
2. For the purposes of this Treaty, the following offences shall not be regarded as political offences, in the manner provided for in paragraph 1 of this Article:
(a) Homicide or voluntary crime against the person of a Head of State One of the contracting parties, or a member of his family, or any attempt, complicity or participation in a criminal association with a view to committing one of those offences;
(b) Offence for which the two Contracting States have The obligation under a multilateral agreement to extradite the person sought or to submit the case to the competent authorities in order to decide on the prosecution;
(c) Any serious offence involving a violation of life, physical integrity or The freedom of persons enjoying international protection, including diplomatic agents;
(d) an offence involving abduction, hostage-taking or any other form of illegal detention;
e) Any offence involving The use of bombs, grenades, rockets, automatic firearms, or letters or parcels to the extent that such use poses a danger to individuals; and
(f) Any attempt, complicity or participation in an association of Conspiracy to commit any of the offences referred to in b, c, d, e of this paragraph.
3. The Requested State shall retain the right to refuse the extradition of persons who have committed any of the offences referred to in paragraph 2 b, c, d, e and f in the manner provided for in paragraph 1 of this Article
The offence, the requested State must take into account the particular gravity of the offence, including:
a) That it has created a collective danger to the life, bodily integrity or freedom of persons; or
b) That it has Reaches those who are foreign to the mobile who inspired it; or
c) Whether or not cruel or perfid means have been used for its realization.
4. Extradition shall not be granted if the competent authorities for France or the Executive Power of the United States have serious grounds to believe that the request is for the prosecution or punishment of a person for reasons of race, Religion, nationality or political opinion.
Article 5
Military offences
Extradition is not granted if the offence for which it is requested is an offence Exclusively military.
Article 6
Humanitarian considerations
Extradition may be refused by the French competent authorities or by the Executive Authority of the United States, where it is Likely to have exceptionally serious consequences for the person whose extradition is requested, because of his or her age or health.
Article 7
Capital Punishment
1. Extradition may be refused where the offence for which it is sought is punishable by the death penalty by the law of the requesting State and where the death penalty is not provided for by the law of the State required for such an offence. Offence unless the requesting State provides assurance that the death penalty will not be imposed, or if it is pronounced, that it will not be executed.
2. In the event that the requesting State provides insurance, in accordance with that article, the death penalty, if pronounced by the courts of the requesting State, will not be executed.
Article 8
Previous prosecutions
1. Extradition shall not be granted where the person sought has been subjected in the requested State to a judgment of acquittal or conviction having acquired a definitive character, for the offence for which extradition is
. Extradition may not be refused if the authorities of the requested State have decided not to prosecute the person sought, for the facts on which extradition is sought, or to terminate all criminal proceedings They have committed against the person.
Item 9
Prescription
1. Extradition shall be refused if public action or punishment is prescribed according to the law of the requested
. Acts in the requesting State which have the effect of interrupting or suspending the limitation period shall be taken into account by the requested State, to the extent permitted by its legislation.
Article 10
Procedures Extradition and Parts to be produced
1. Any request for extradition shall be transmitted by diplomatic
. The following are produced in support of each extradition request:
(a) The documents, declarations or other types of information that describe the nationality, the likely location of the person sought and his or her identity so as to be able to establish that The person sought is the person to be prosecuted or sentenced;
(b) A statement of the facts and the chronology of the main proceedings in relation to the case;
(c) The text of the legal provisions applicable to The offence for which extradition is claimed;
d) The text of the penalties for the offence;
and
3. Where a person is sought for prosecution, the extradition request shall also be accompanied by:
(a) In the case of a request from the United States, a duly authenticated copy of the arrest warrant and the document establishing the heads Charges;
(b) In the case of an application originating in France, the original or a duly authenticated copy of the arrest warrant and any necessary information that would justify the indictment of the person if the offence had Was committed in the US.
4. Where a person is claimed because the person has been convicted or convicted of the offence for which extradition is requested, the extradition request must also be accompanied by:
a) In the case of a Request from the United States, if the person has been convicted, of the original or of the duly authenticated copy of the final decision of conviction or, if the person has been convicted but has not yet been convicted, of a declaration A judicial authority confirming the guilt, as well as the duly authenticated copy of the arrest warrant;
(b) In the case of an application from France, the original or the duly authenticated copy of the conviction decision Final;
(c) In all cases where a sentence has been imposed, a statement of the remaining sentence to be carried out;
(d) In the case of a default conviction, documents referred to in paragraph 3.
Article 11
Eligibility of documents
Documents that accompany the extradition request are received and accepted as evidence in the extradition procedure if they meet the following conditions:
a) In The case of an application submitted by the United States, if transmitted through diplomatic channels;
(b) In the case of an application submitted by France, if they are certified by the principal diplomatic or consular representative of the United States Resident in the territory of the French Republic, as stipulated by the provisions in force in the United States governing extradition, or if they are certified or otherwise authenticated by the legal provisions of the United States.
Article 12
Translation
All documents submitted by the requesting State must be translated into the language of the requested State.
Article 13
Arrest Temporary
1. In the event of an emergency, a Contracting State may request the provisional arrest of the person sought pending the transmission of the extradition request. This request for provisional arrest is transmitted directly between the Ministry of Justice of the French Republic and the United States Department of Justice, by Interpol or through diplomatic channels.
2. The request for provisional arrest must be accompanied by the following information:
a) The person's report, as well as the information about his nationality;
b) The location of the person sought, if known ;
c) A reminder of the facts, including the approximate date and place of commission of the offence;
d) References to laws that have been violated;
e) A statement confirming the existence of an arrest warrant or decision Guilt or conviction against the person sought; and
(f) A statement indicating that an extradition request from the person sought will follow.
3. The requesting State shall be informed without delay of the follow-up given to its application and the grounds for
, if any. Provisional arrest shall terminate if, within 60 days after the arrest under this Treaty, the requested State has not received the official extradition request and the documents referred to in Article 10.
5. Release pursuant to paragraph 4 of this Article shall not preclude further arrest and extradition if the extradition request and the supporting documents are subsequently received.
Article 14
Additional information
1. If the requested State considers that the information provided in support of a request for extradition is insufficient to comply with the conditions of this Treaty, it may request further information, with a reasonable period of time for them Obtaining. Additional information is requested and provided through direct communication between the French Ministry of Justice and the U.S. Department of Justice or through diplomatic channels.
2. If the person claimed is under the traditional nut and the additional information provided is insufficient or fails within the prescribed period, the person may be released. This release does not preclude the requesting State from submitting a new extradition request, on the basis of the same offence or another.
3. When the person sought is released in accordance with the provisions of paragraph 2, the requested State shall inform the requesting State as soon as possible.
Article 15
Decision and Remission
1. The requested State shall inform the requesting State as soon as possible of its decision on the request for
. In the event of rejection, complete or partial, of the application, the requested State shall indicate the reason for its decision. Upon request, the requested State shall communicate the copy of the relevant judicial
. In the event of acceptance, the authorities of the Contracting States shall agree on the date and place of the surrender of the person sought. The requested State shall also communicate to the State requesting the duration of the detention suffered by the person sought for his
. If the person claimed has not left the territory of the requested State, for France within thirty days from the day fixed for its remission under the conditions of paragraph 3 of this Article, for the United States within the prescribed time limit By the legal provisions of that State, it may be released and the requested State may subsequently refuse extradition on the same facts.
5. In the event of force majeure preventing the surrender or receipt of the person sought, the two States shall agree on a new date of surrender and the provisions of paragraph 4 of this Article shall apply.
Article 16
Temporary or deferred delivery
1. Where the request for extradition is granted, if proceedings are in progress against the person sought, or if it executes a sentence in the requested State, the requested State may provisionally surrender the person sought to the requesting State, to the ProsecuProsecutions. The person thus surrendered shall remain in the custody of the requesting State and shall be returned to the requested State after the conclusion of the proceedings against him, subject to conditions to be determined by agreement between the two
. The requested State may adjourn extradition against a person if proceedings are in progress against him or if she is serving a sentence in that State. Such an adjournment may continue until the end of the proceedings against the person sought and until the final execution of any sentence imposed.
Article 17
Requests for extradition by several States
If extradition is requested concurrently by several states, either for the same or for different facts, the French competent authorities or the Executive Authority of the United States decide on the basis of all Relevant circumstances and, in particular, the existence of a treaty in support of the request, the gravity and the place of commission of the offences, the respective dates of the applications, the nationality of the person claimed and the victim, of the interests And the possibility of subsequent extradition to another State.
Article 18
Seizure and handover
1. To the extent permitted by its law, the requested State may seize and submit to the requesting State all articles, documents and exhibits relating to the offence for which extradition is granted. The surrender of the articles, documents and documents referred to in this paragraph may be made even in the event that the extradition cannot take place as a result of the death, disappearance or evasion of the person sought.
2. The Requested State may surrender the subject matter provided that it receives the necessary assurances from the requesting State that the said objects shall be returned to it as soon as possible. They can also temporarily keep them if they need them as exhibits.
3. The rights of third parties to such objects will be properly reserved.
Article 19
Specialty Rule
1. The person extradited under this Treaty shall not be held, tried, convicted, punished or subjected to any restriction of liberty in the territory of the Requesting State for any fact prior to surrender, other than that having For reasons of extradition, except in the following cases:
a) Where the requested State consents, an application may be made to that effect, together with the documents listed in Article 10, and any declaration made by the person extradited Concerning the offence for which the consent of the requested State is sought; or
(b) Where, having had the opportunity to do so, the person extradited has not left the territory of the requesting State within 30 days after his Final enlargement, or if it is returned to the territory of that State after leaving it.
2. If the qualification of the facts in respect of which the person was extradited has been the subject of an amendment in the law of the requesting State, or if the person is prosecuted for facts other than that Person may be prosecuted or convicted as soon as this new qualification:
(a) Is based on the same facts as those referred to in the extradition request and in the attachments; and
(b) Is punishable by deprivation of liberty The same as or less than the one foreseen for the offence for which extradition has been granted.
Article 20
Extradition to a third country
1. Where a person has been surrendered by the Requested State to the Requesting State, the Requesting State shall not surrender the person extradited to a third State for an offence prior to his surrender, except:
(a) If the requested State consents to the surrender; or
(b) If the Person extradited, having had the opportunity to do so, has not left the territory of the Requesting State within 30 days of its final enlargement or if it is returned to the territory of that State after leaving
. Before acceding to a request under paragraph 1 above, the requested State may request the production of the documents referred to in Article 10 and any declaration made by the person extradited in respect of the offence for which the Consent requested.
Article 21
Transit
1. Each of the Contracting States may authorize the transit through its territory of one person delivered to the other State by a third State. The request for transit may be made through diplomatic channels or directly between the Ministry of Justice of the French Republic and the United States Department of Justice. Interpol's services can also be used in such a case. It shall be accompanied by the notification of the person in transit and a brief reminder of the facts of the case. A person in transit may be remanded in custody during transit.
2. No authorisation is required, in the event that the air route is used by one of the states, when no landing is provided for in the territory of the transit State. In the event of a fortuitous landing, that State may require a request for transit as stipulated in paragraph 1. The transit State shall detain the person in transit until he receives the transit request and the transit is carried out, provided that the request reaches the person within 96 hours of the accident.
Article 22
Representation and Charges
1. The requested State shall advise and provide assistance to the requesting State in the context of an extradition request. Such advice or assistance shall be made in accordance with the provisions of the Minutes of Agreement which form an integral part of this
. The requesting State shall bear the costs resulting from the translation of the documents and the transfer of the person delivered. The requested State shall bear all other costs incurred in its territory by reason of the extradition
. Neither State shall seek compensation for pecuniary compensation to the other State, following the arrest, detention, interrogation or surrender of persons claimed under this Treaty.
Article 23
Consultation
The Department of Justice of the French Republic and the Department of Justice of the United States may consult, directly or through Interpol, on the conduct of the proceedings Concerning each particular case and the means for the application and improvement of procedures for the implementation of this Treaty.
Article 24
Application
1. This Treaty shall apply to offences committed before the date of entry into force of the Treaty as to those committed after that
. On the entry into force of this Treaty, the Convention on Extradition between the United States of America and the French Republic, signed in Paris on 6 January 1909, and the Additional Convention on Extradition, with exchanges of letters, signed at Paris on 12 February 1970, and on 2 and 11 June 1970, between the United States of America and the French Republic, are repealed. Nevertheless, the Convention of 6 January 1909, completed on 12 February 1970, applies to any extradition procedure in which the documents have already been submitted to the courts of the requested State on the date of entry into force of this Treaty.
Article 25
Ratification and Entry into Force
Each Party shall notify the other of the completion of the constitutional procedures required for the ratification of this Treaty. The Treaty shall enter into force on the first day of the second month following the date of receipt of the last notification.
Article 26
Denunciation
Each of the two States may at any time denounce the Sent to the other State, in writing and through diplomatic channels, notification of denunciation and denunciation shall take effect six months after the date of receipt of such notification.
In faith: Signed this Treaty.
Done at Paris, in duplicate, on April 23, 1996, in the English and French languages, both texts being equally authentic.
For the French Republic
France:
Jacques Toubon,
Seals Custody,
Minister of Justice
For the United States
of America:
Janet Reno,
Attorney General
PROCÈS-VERBAL
OF AGREEMENT ON REPRESENTATION
It is agreed that each State has Wished to grant the other the best legal representation and the best possible legal advice (free of charge) in so far as its Constitution and its laws allow it.
In the spirit of this Agreement, the two States have agreed To provide such advice and representation (including in front of their Courts) to at least the same extent as is guaranteed to any other State within existing or future extradition
. The United States of America, this Agreement means that at least that State shall designate a legal counsel to consider each extradition request submitted by France with a view to providing advice and advice to France concerning the forces and The weaknesses of the case.
In addition, to the extent necessary and timely, the Legal Council will work with the French authorities to improve the documentation produced in order to complete the extradition request. Similarly, the United States of America undertook to represent France at any hearing related to the extradition request and any meetings held before or after the hearings.
Finally, the United States of America undertook to represent France On any call or action in " Habeas Corpus " In relation to the extradition request.
For France, the agreement means that at least France accepts:
1. To include in the case file any submission or document transmitted by the Government of the United States in support of his extradition request, in order to enable the United States Government to defend in writing, and On an ongoing basis, his extradition request; and
2. Request that the United States provide additional information or explanations as needed;
3. To communicate to the Government of the United States a copy of the document of transmission of his extradition request to the Prosecutor General's Office of the Indictments Chamber;
4. Strive to refer the decision or hearing of the Board of Indictments so as to enable the Government of the United States, if necessary, to defend its position and to submit additional submissions in response to oral argument Submitted by the defence at the hearing.
This reference would be made in a strictly limited time and could be decided automatically or at the request of the Public Prosecutor's Office;
5. To receive communications from an American consular officer or an official of the U.S. Department of Justice to represent the interests of the United States during the extradition process.
The name of that representative will be Communicated to the Ministry of Justice of the French Republic and, if necessary, to the prosecutor concerned by each extradition request;
6. To give the designated representative of the United States the opportunity, as soon as the request for extradition is made, to submit by notes to the Ministry of Justice of the French Republic, any information concerning the facts or the law, that it Estimate required;
7. To indicate to the Government of the United States, by means of notes from the Ministry of Justice of the French Republic at the Embassy of the United States in Paris, that the request has been forwarded to the relevant Public Prosecutor's Office;
8. To inform the Embassy of the United States in Paris of the date of the first hearing of the Indictments Chamber;
9. Give the opportunity to the representative of the United States to transmit, before the hearing, an additional note within a sufficient period of time to allow the interested party to be informed and to the note to be placed on file;
10. Give the authorised representatives of the United States the opportunity to communicate as soon as possible with the Office of the Prosecutor General through the Ministry of Justice of the French Republic, to the extent that it can do so, before The hearing in which the extradition request will be examined.
Declaration of the French Republic
" The French Republic recalls that it has ratified the Rome Convention of 17 July 1998 establishing the International Criminal Court, at the same time that it will be obliged, under the conditions laid down by this Convention, to carry out the requests for cooperation originating from that Court. "
Done at Paris, January 29, 2002.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Lionel Jospin
Foreign Minister,
Hubert Vedrine
