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On The European Union And The United States Of America Extradition Treaty

Original Language Title: Par Eiropas Savienības un Amerikas Savienoto Valstu izdošanas līgumu

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The Saeima has adopted and the President promulgated the following laws: the European Union and the United States of America extradition treaty article 1. The European Union and the United States of America extradition treaty (hereinafter referred to as the Treaty) this law is adopted and approved. 2. article. Contractual commitments coordinated by the Ministry of Justice. 3. article. The agreement shall enter into force for the period specified in article 22 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put a contract in English and its translation into Latvian language. The law adopted in 2005 the Saeima on 26 October. State v. President Vaira Vīķe-Freiberga in Riga on 11 November 2005 in the agreement ON EXTRADITION BETWEEN the EUROPEAN UNION AND the UNITED STATES OF America contents preamble article 1 object and purpose the article 2 Definition article 3 scope of application of this agreement in their bilateral relations with Member States treats to extradition article 4 Article 5 a of the offenc Extraditabl Transmission and authentication of documents article 6 Transmission of requests for provisional arrest article 7 Transmission of documents following provisional arrest article 8 Supplemental information

Article 9 Temporary surrender article 10 requests for extradition or surrender made by several States article 11 Simplified extradition procedures article 12 article 13 transit Capital punishment article 14 sensitive information in a request for article 15 article 16 Consultation Temporal application article 17 Non-derogation Article 18 future bilateral extradition to Member States treats with article 19 the Designation and notification article 20 Territorial application article 21 Review article 22 Entry into force and termination Explanatory note the EUROPEAN UNION AND the UNITED States OF America, it is cooperation between facilitat (MENU RNGTON LINE4) further the European Union Member States and the United States of America, (MENU RNGTON LINE4) to combat crime in a more effective way as a means of protecting their respectiv in democratic societies and common values, HAVING due REGARD for the rights of the individual and the rule of law, MINDFUL of the guarantee under the legal systems of their respectiv which provide for the right to a fair trial to an extradited person , including the right to adjudication by an impartial tribunal established the law, (MENU RNGTON LINE4) pursuan to conclud an agreement relating to the extradition of the offender, have AGREED AS follows: article 1 object and purpose the Contracting Parties, in accordanc undertak with the provision of this agreement, to provide for enhancements to cooperation in the context of applicable extradition relations between the Member States and the United States of America each time the extradition of the offender. Article 2 Definition 1. "Contracting Parties" shall mean the European Union and the United States of America. 2. "Member State" shall mean a Member State of the European Union. 3. "Ministry of Justice" shall, for the United States of America, means the United States Department of Justice; and for a Member State, it will be the Ministry of Justice, except that with respect to a Member State in which functions described in articles 3, 5, 6, 8 or 12 are carried out by its Prosecutor General, that body may be designated to carry out such function in lieu of the Ministry of Justice in accordanc with article 19, unless the United States and the Member State concerned agree it is another body designat. Article 3 scope of application of this agreement in their bilateral relations with Member States treats to extradition 1. The European Union, to the Treaty on pursuan European Union, and the United States of America shall ensur that the provision of this agreement to their bilateral extradition applied in relations between the Member States to the treats and the United States of America, in force at the time of the entry into force of this agreement, under the following terms: (a) article 4 shall be applied in place of bilateral treaty provision that extradition exclusively with respect of authoris to a list of specified criminal offenc; (b) article 5 shall be applied in place of bilateral treaty provision for each transmission, certification, authentication or legalisation of an extradition request and supporting documents transmitted by the requesting State; (c) article 6 shall be applied in the absence of a bilateral treaty provision authorising direct transmission of provisional arrest requests between the United States Department of Justice and the Ministry of Justice of the Member State concerned; (d) article 7 shall be applied in addition to bilateral treaty provision in each transmission of extradition requests; (e) article 8 shall be applied in the absence of bilateral treaty provision for the submission of each supplementary information; bilateral treaty provision where do not specify the channel to be used, paragraph 2 of that article shall also be applied; (f) article 9 shall be applied in the absence of bilateral treaty provision authorising temporary surrender of persons is being proceeded against or serving a line in the requested State; (g) article 10 shall be applied, except as otherwise specified therein, in place of, or in the absence of a bilateral treaty provision pertaining to that decision on several requests for extradition of the same person; (h) article 11 shall be applied in the absence of bilateral treaty provision authorising waiver of extradition or simplified extradition procedures of; (i) article 12 shall be applied in the absence of bilateral treaty provision in each transit; bilateral treaty provision where do not specify the procedure each time the unscheduled landing of aircraft, paragraph 3 of that article shall also be applied; (j) article 13 may be applied by the requested State in place of, or in the absence of bilateral treaty provision in each, capital punishment; (k) article 14 shall be applied in the absence of bilateral treaty provision in each treatment of sensitive information in a request. 2. (a) the European Union, to the Treaty on pursuan European Union shall ensur that each Member State, in a written acknowledg instrument between such Member State and the United States of America, the application, in the manner set forth in this article, of its bilateral extradition treaty in force with the United States of America. (b) the European Union, to the Treaty on pursuan European Union shall ensur that new Member States acceding to the European Union after the entry into force of this agreement and having bilateral extradition treats to with the United States of America, take the measure referred to in the subparagraph (a). (c) the Contracting Parties shall endeavour to complete the process described in subparagraph (b) prior to the scheduled accession of a new Member State, or as soon as possible thereafter. The The European Union shall notify the United States of America of the date of accession of new Member States. 3. If the process described in paragraph 2 (b) is not completed by the date of accession, the provision of this Agreement shall apply in the relations between that new Member State and the United States of America as from the date on which they have notified each other and the European Union of the completion of their internal procedures for that purpose. Article 4-1 of the offenc Extraditabl. An Office shall be an extraditabl of the offenc offenc if it is punishabl is under the laws of the requesting and requested States by deprivation of liberty for a maximum period of more than one year or by a more sever a penalty. An offenc shall also be an extraditabl of the offenc if it consist of an attempt or conspiracy to commit, or participation in the commission of, an extraditabl of the offenc. Where the request is for enforcement of the line of a person convicted of an extraditabl of the offenc, the deprivation of liberty remaining to be served must be at least four months. 2. If extradition is granted for an extraditabl of the offenc, it shall also be granted for any other of the offenc specified in the request if the latter offenc is punishabl by one year's deprivation of liberty or less, provided that all other requirements for extradition are met. 3. For the purpose of this article, shall be considered by an offenc UN extraditabl ensured: (a) offenc regardless_of of whethers the laws in the requesting and requested States place the offenc is within the same category of the offenc or describ the offenc by the same terminology; (b) regardless_of of the offenc whethers is one for which United States federal law requires the showing of such matters as interstate transportation, or use of the mails or of other facilities regimes by the interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court; and (c) in criminal cases relating to taxes, customs duties, currency control and the import or export of commodities, regardless_of of whethers the laws of the requesting and requested States provide for the same kind of taxes, customs duties, or controls on currency or on the import or export of the same kind of commodities. 4. If the offenc has been committed outside the territory of the requesting State, extradition shall be granted, subject to the other applicable requirements for extradition, if the law of the requested State provide for the punishment of an offenc is committed outside its territory in similar circumstanc. If the law of the requested State do not provide for the punishment of an offenc is committed outside its territory in similar circumstanc, the Executive authority of the requested State, at its discretion, may grant extradition provided that all other applicable requirements for extradition are met. Article 5 Transmission and authentication of documents 1. Requests for extradition and the supporting documents shall be transmitted through the diplomatic channel, which shall include transmission as provided for in article 7 2 documents that bear the certificate or seal of the Ministry of Justice, or Ministry or Department responsible for foreign affairs, of the requesting State shall be admissibl in extradition proceedings in the requested State without further certification , authentication, or other legalisation. Article 6 Transmission of requests for provisional arrest requests for provisional arrest may be made directly between the ministries of Justice of the requesting and requested States, as an alternative to the diplomatic channel. The facilities of the International Criminal Police Organisation (Interpol) may also be used to transmit such a request. Article 7 Transmission of documents following provisional arrest 1. If the person whose extradition is sought is held under provisional arrest by the requested State, the requesting State may satisfy its obligation to transmit its request for extradition and supporting documents through the diplomatic channel pursuan to article 5 (1), by submitting the request and documents to the Embassy of the requested State located in the requesting State. In that case, the date of receipt of such request by the Embassy shall be considered to be the date of receipt by the requested State for the purpose of applying the time limit that must be met under the applicable extradition treaty to enable the person's continued detention. 2. Where a Member State on the date of signature of this agreement, due to the established jurisprudence of its domestic legal system applicable at such date, cannot apply the measure referred to in paragraph 1 of this article shall not apply to it, until such time as that Member State and the United States of America, by Exchange of diplomatic note , agree otherwise. Article 8 Supplemental information 1. The requested State may require the requesting State to furnish additional information within such reasonable length of time as it would if it specifi c, consider that the information furnished in support of the request for extradition is not sufficient to fulfill the requirements of the applicable extradition treaty. 2. Such supplementary information may be requested and furnished directly between the ministries of Justice of the States concerned. Article 9 Temporary surrender 1. If a request for extradition is granted in the case of a person who is being proceeded against or is serving a line in the requested State, the requested State may surrender the person sought OK to the requesting State for the purpose of prosecution. 2. The person so surrendered shall be kep in custody in the requesting State and shall be returned to the requested State at the conclusion of the proceedings against that person, in accordanc with the conditions to be determined by mutual agreement of the requesting and requested States. The time of spen in custody in the territory of the requesting State pending prosecution in that State may be deducted from the time remaining to be served in the requested State. Article 10 requests for extradition or surrender made by several States 1. If the requested State receive the requests from the requesting State and from any other State or States for the extradition of the same person, either for the same or for a different offenc offenc, the Executive authority of the requested State shall to determin which State, if any, it will surrender the person. 2. If a requested Member State receive an extradition request from of the United States of America and a request for surrender pursuan to the European arrest warrant for the same person, either for the same or for a different offenc offenc, the competent authority of the requested Member State shall to determin which State, if any, it will surrender the person. For this purpose, the competent authority shall be the requested Member State's Executive authority if, under the bilateral extradition Treaty in force between the United States and the Member State, a decision on competing requests are made by that authority; If not so provided in the bilateral extradition treaty, the competent authority shall be designated by the Member State concerned to article 19 pursuan. 3. In making its decision under paragraphs 1 and 2, the requested State shall consider all of the relevant factors, including, but not limited to, factors already set forth in the applicable extradition treaty, and, where not already so set forth, the following: (a) the whethers the requests were made to a treaty pursuan; (b) the places where each of the offenc's was committed; (c) the interests of respectiv of the requesting States; (d) the seriousnes of the offenc; (e) the nationality of the victim; (f) the possibility of any subsequent extradition between the requesting States; and (g) the chronological order in which the requests were received from the requesting States. Article 11 Simplified extradition procedures If the person sought consent to be surrendered to the requesting State, the requested State may, in accordanc with the principles and procedures provided for under its legal system, surrender the person as expeditiously as possible without further proceedings. The consent of the person sought may include agreement to waiver of the protection of the rule of specialty. Article 12 transit 1. A Member State may in transportation through its territory authoris of a person surrendered to the United States of America by a third State, or by the United States of America to a third State. The United States of America may be a transportation through it authoris territory of a person surrendered to a Member State by a third State, or by a Member State to a third State. 2. A request for transit shall be made through the diplomatic channel or directly between the United States Department of Justice and the Ministry of Justice of the Member State concerned. The facilities of Interpol may also be used to transmit such a request. The request shall contain a description of the person being transported and a brief statement of the facts of the case. (A) a person shall be detained in the transit in custody during the period of transit. 3. the Authorisation is not required when air transportation is used and no landing is scheduled on the territory of the transit State. If an unscheduled landing does occure, the State in which the unscheduled landing will occure may require a request for transit pursuan to paragraph 2. "not All it prevent the cessary person from absconding shall be taken until transit is effected, as long as the request for transit is received within 96 hours of the unscheduled landing. Article 13 Capital punishment where the offenc for which extradition is sought is punishabl by death under the laws in the requesting State and not punishabl by death under the laws in the requested State, the requested State may grant extradition on the condition that the death penalty shall not be imposed on the person sought, or if for procedural reasons such condition cannot be complied with by the requesting State , on condition that the death penalty if imposed shall not be carried out. If the requesting State will accept extradition subject to conditions it pursuan this article, it shall comply with the conditions. If the requesting State does not accept the conditions, the request for extradition may be denied. Article 14 the sensitive information in a request where the State requesting the submission of contemplat PSSA information in support of its request for extradition, it may consult the requested State to determin the exten to which the information can be protected by the requested State. If the requested State cannot protect the information in the manner sought by the requesting State, the requesting State shall determin the whethers the information shall be submitted nonetheles. Article 15 the Contracting Parties Consultation shall, as appropriate, consult to enable the most effective use to be made of this agreement, including the resolution of the facilitat any dispute regarding the interpretation or application of this agreement. Article 16 Temporal applications 1. This agreement shall apply to the offenc committed before as well as after it enter into force. 2. This agreement shall apply to requests for extradition made after its entry into force. Vertheles not, articles 4 and 9 shall apply to requests pending in a requested State at the time this agreement enter into force. Article 17 Non-derogation 1. This agreement is without prejudice to the invocations by the requested State of grounds for refusal relating to a matter not governed by this agreement that is available to a bilateral extradition treaty pursuan in force between a Member State and the United States of America. 2. Where the constitutional principles of, or final judicial decisions binding upon, in the requested State may pose an impedimen to the fulfilmen of its obligation to extradit, and resolution of the matter is not provided for in this agreement or the applicable bilateral treaty, consultation shall take place in between the requested and requesting States. Article 18 future bilateral extradition to Member States treats with this Agreement shall not preclud the conclusion, after its entry into force, of bilateral agreements between a Member State and the United States of America consistent with this agreement. Article 19 the Designation and notification the European Union shall notify the United States of America of any designation pursuan to article 2 (3) and article 10 (2), prior to the exchange of written instruments described in article 3 (2) between the Member States and the United States of America. Article 20 Territorial application 1 this Agreement shall apply: (a) to the United States of America; (b) in relations to the European Union, the Member States: — — territories for whose external relations a Member State has responsibility, or countries that are not Member States for whom a Member State has other duties with respect to external relations, where agreed upon by Exchange of diplomatic note between the Contracting Parties, duly confirmed by the relevant Member State. 2. The application of this agreement to any territory or country in respect of which extension has been made in accordanc with subparagraph (b) of paragraph 1 may be terminated by either Contracting Party giving six months ' written notice to the other Contracting Party through the diplomatic channel, where duly confirmed between the relevant Member State and the United States of America. Article 21 Review the Contracting Parties agree to carry out a common review of this agreement as not, and in any event the cessary from later than five years after its entry into force. The review shall address in particular the practical implementation of the agreement and may also include issues such as the consequences of further development of the European Union relating to the subject matter of this agreement, including article 10 article 22 Entry into force and termination 1. This agreement shall enter into force on the first day following the third month after the date on which the Contracting Parties have exchanged instruments indicating that they have completed their internal procedures for this purpose. These instruments shall also indicates that the steps specified in article 3 (2) have been completed. 2. Either Contracting Party may terminate this agreement at any time by giving written notice to the other Party, and such termination shall be effective six months after the date of such notice. In witness whereof the undersigned have signed this Plenipotentiar to the agreement done at Washington DC on the twenty-fifth day of June in the year two thousand and three in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic.
Por la Unión Europea For Den Für die Europäische Europæisk Union Για την Ευρωπαϊκή Ένωση Union, For the European Union Pour l l ' ' Union of European Union Europea Per Voor de the Mouse of Europes and União puolest the Commission the European of Euroopan unionin På unionen in los Estados Unido vägnar Port de América For the United Forened Für die Vereinigten Korean Stater of the Staatens Για Ηνωένες Πολιτείες της πς of the United Αερικής For the United States of America Pour les États-Unis (d) Latin America Per gli ' The status of the Unita d ' America Voor de Staten van Verenigd in America a Estados Unidos Pelo da Amerikan yhdysvaltojen América puolest's of the United stater förent På vägnar Explanatory note on the agreement on Extradition between the European Union and the United States of America this Explanatory Note reflect the understanding regarding the application of a certain provision of the agreement on Extradition between the European Union and the United States of America (hereinafter "the agreement") agreed between the Contracting Parties. On article 10 article 10 is not intended to be affec the obligation of States parties to the Rome Statute of the International Criminal Court, nor the affec the rights of the United States of America as a non-Party with regards to the International Criminal Court. On article 18 article 18 provides that the agreement shall not preclud the conclusion, after its entry into force, of bilateral agreements on extradition between a Member State and the United States of America consistent with the agreement. Should any of the "set forth in the agreement create an operational difficulty for either one or more Member States or the United States of America, such difficulty should in the first place be resolved, if possible, through consultation between the Member State or Member States concerned and the United States of America, or, if appropriate, through the consultation procedures set out in this agreement. Where it is not possible to address such operational difficulty through consultation alone, it would be consistent with the agreement for future bilateral agreements between the Member State or Member States and the United States of America to provide an operationally feasibl the alternative mechanism that would satisfy the objective of the specific provision with respect to which the difficulty has arisen.

The European Union and the United States of America extradition treaty contents preamble article 1 object and purpose article 2 definitions article 3 scope of application of this agreement in relation to bilateral extradition treaties with Member States article 4 offences for which extradition was admissible article 5 transmission of documents and their authentication article 6 provisional arrest request dispatch article 7 transmission of documents after provisional arrest article 8 additional information article 9 temporary transfer article 10 more countries issue or transfer requests for article 11 simplified extradition order article 12 article 13 transit capital punishment article 14 Sensitive information in a request article 15 advice article 16 provisional application article 17 a derogation does not use article 18 future bilateral extradition treaties with Member States article 19 Appointment and notification article 20 territorial application article 21 review article 22 entry into force and expiry of the statement of the European Union and the United States of America, desiring to continue to promote cooperation between the European Union and the United States of America , Desiring to combat crime, protecting their democratic societies and common values, with due regard to the rights of individuals and the rule of law, in the light of their respective legal systems which provide for the guarantee issued to the person the right to a fair trial, including the right to a hearing of the independent tribunal established pursuant to law, desiring to conclude an agreement relating to the extradition of offenders, agree as follows: Article 1 aim and purpose according to the terms of this agreement the Contracting Parties undertake to promote cooperation in the field of extradition relations between the Member States and the United States for the extradition of offenders. Article 2 definitions 1. "Contracting Parties" shall mean the European Union and the United States. 2. "Member State" means a Member State of the European Union. 3. "Ministry of Justice" in the United States means the United States Department of Justice, and the Ministry of Justice of the Member State, other than the Member State in which the 3., 5., 7., 8., and listed in article 12 does the Attorney General, or body that has been designated in accordance with article 19 shall be carried out these functions in place of the Ministry of Justice, unless the United States and the Member State concerned agree to designate another body. Article 3 scope of application of this agreement in relation to bilateral extradition treaties with Member States of the European Union 1 pursuant to the Treaty on European Union and the United States provides that the provisions of this Treaty shall apply to the Member States and the United States bilateral extradition treaties in force on the entry into force of the Treaty in accordance with the following provisions: (a) article 4 of the agreement) apply the provisions of bilateral agreements in place that allows extradition only on the list of crimes listed in; (b) article 5 of the Treaty) applies the provisions of bilateral agreements in place with regard to the request of the applicant State sent a request for extradition and supporting the transmission of documents, approval, authentication or legalization; (c) article 6 of the agreement) apply, unless the provisions of bilateral agreements which provide for provisional arrest request for direct shipping between The United States Department of Justice and the Ministry of Justice of the Member State concerned; (d) article 7 of the agreement) apply in addition to the provisions of bilateral agreements relating to the extradition request of the ship; (e) article 8 of the agreement) apply if the provisions of bilateral agreements provide for further information; If the provisions of bilateral agreements do not determine what channel to use, also apply to paragraph 2 of that article; (f) article 9 of the agreement) apply if the provisions of bilateral agreements to prevent temporary transfers of persons against which is prosecuted or serving sentence in the requested State; (g)) if not otherwise specified, article 10 shall apply to the provisions of bilateral agreements in place or, if they are not determined by the decisions of several members of one and the same person's extradition request; (h) article 11 of the agreement) apply if the provisions of bilateral agreements do not provide for the use of the simplified procedure for extradition or surrender of the issue; (I) article 12 of the agreement) apply if the provisions of bilateral agreements do not provide for the transit of persons; If the provisions of bilateral agreements do not provide for arrangements regarding unintended landing, the aircraft shall also apply to the third paragraph of this article; j) requested State article 13 of the Treaty in respect of the death penalty can be applied to the provisions of bilateral agreements in place or, if it is not; k) article 14 shall apply where bilateral agreements do not provide for rules on the treatment of sensitive information contained in the request. 2. (a)) the European Union pursuant to the Treaty on European Union provides that each Member State a written instrument in its bilateral extradition treaty in force with the United States, according to the application of the provisions of this article. (b)) the European Union pursuant to the Treaty on European Union, shall ensure that new Member States acceding to the European Union after the entry into force of this Treaty and which have concluded bilateral extradition treaties with the United States of America, take the "a" in these measures. (c)) the Contracting Parties shall endeavour to complete the "b" referred to the process before the accession of a new Member State, or as soon as possible thereafter. The European Union shall notify the United States about accession of new Member States. 3. If the contract of the second point under "b" this process is not completed by the date of accession, the provisions of this agreement apply to the new Member State and the United States as from the date of its notification to the European Union and each other for this purpose the necessary internal procedures have been completed. Article 4 offences for which extradition is permissible 1. The offence for which extradition is permissible in a criminal offence, who according to the request of the requesting and requested States, are punishable by deprivation of liberty for a period exceeding one year or by a more severe penalty. The offence for which extradition is permissible, attempt, or conspiracy also include to make the criminal offence for which the extradition is admissible. If the request requires to execute the sentence a person convicted of a criminal offence for which the extradition was admissible, the remaining parole time must be at least four months. 2. If extradition for a criminal offence permits that allowed the extradition, the person shall be issued also for any other criminal offence specified in the request, if the offence is punishable by imprisonment for one year or for short sentences, provided that all other conditions for extradition are fulfilled. 3. for the purposes of this article, an offence shall be considered a criminal offence for which extradition may be permitted: (a)), irrespective of whether the laws in the requesting and requested States to place the offence within the same category of offences or describe the offence by the same terminology; (b)), irrespective of whether the offence is such that it was by a United States federal law required to produce such evidence as interstate transportation or use of transnational mail or other such opportunities related to foreign trade, because this evidence is only a reason to establish United States Federal Court jurisdiction; and (c)) where they are criminal cases relating to taxes, customs duties, currency control and the import and export of goods, whether or not the laws in the requesting and requested States provide for the same kinds of taxes, customs duties or the same currency and commodity import and export controls. 4. If the offence has been committed outside the territory of the requesting State, extradition shall be permitted in accordance with other applicable requirements for extradition if the laws of the requested State provide for the punishment of an offence committed outside its territory in similar circumstances. If the laws of the requested State provide for the punishment of an offence committed outside its territory in similar circumstances, the request of the Executive authority of the requested State shall, in its sole discretion, may grant extradition provided that all other conditions for extradition are fulfilled. Article 5 transmission of documents and authentication 1. Extradition request and the attached document sent through the diplomatic channel in the transmission provided for in article 7. 2. the documents approved by the requesting State of the Ministry of Justice or Ministry or Department responsible for Foreign Affairs, the certificate or seal shall be admissible in extradition proceedings in the requested State without further validation, authentication, or other legalisation. Article 6 provisional arrest request for provisional arrest request for sending submission may take place directly between the requesting and requested States for the Ministry of Justice as an alternative to the use of diplomatic channels. Such a request may also be sent to the international criminal police organisation (Interpol). Article 7 transmission of documents after provisional arrest 1. If the person whose extradition is requested, in temporary custody of the requested State, the requesting State pursuant to paragraph 1 of article 5, may send a request for extradition and the attached documents through the diplomatic channel, by submitting the request and the documents to the Embassy of the requested State, in the requesting State. In this case, the day when the Embassy receives such a request, shall be considered, when it receives a request, the requested State, to apply the term to be followed under the extradition treaty, to determine the further detention of the person. 2. If the Member State at the date of signature of this agreement, on the basis of their internal legal systems accepted practice that applies on the date of signature, cannot be applied to the measures referred to in paragraph 1 of this article, then it is not subject to the time when that Member State and the United States a diplomatic note exchanged agree otherwise. Article 8 additional information 1. The requested State may ask the requesting State to provide additional information specified in a reasonable period of time if it considers that the information provided on the request for extradition is not sufficient to meet the requirements of the applicable extradition treaty. 2. The following additional information may be requested and to provide directly between the respective national justice ministries. Article 9 temporary transfer 1. If the issue is about a person who is prosecuted or who suffer the punishment to the requested State, that State may make the person concerned a temporary transfer to the requesting State for the purpose of prosecution. 2. In this way, the person is transferred custody of the requesting State and shall be returned to the requested State at the conclusion of the proceedings against that person, in accordance with conditions to be determined by mutual agreement of the requesting and requested States. Territory of the requesting State of the time spent in pre-trial detention until the start of the prosecution in this country may be deducted from remaining in custody to the requested State. Article 10 more countries issue or transfer requests 1. If the requested State receives requests from the requesting State and from any other State or States for the extradition of the same person for the same offence or for different offences, the Executive authority of the requested State shall determine to which State, if any, it will surrender the person. 2. If the requested State receives a request for extradition from the United States and a request for transfer under European arrest decision on one and the same person and the same or to different offences, the requested Member State the responsible authority shall determine to which State, if any, it will surrender the person. In this case, the competent authority of the requested Member State has enforcement authority, if the authority makes decisions on competing requests under the bilateral extradition treaty in force between the United States and the Member State; If it wasn't for a bilateral extradition agreement, the competent authority of the Member State concerned shall mean, subject to article 19. 3. the requested State may, acting in accordance with paragraphs 1 and 2 shall take into account all relevant factors including and not just factors set out in the applicable extradition treaty, and, if not, the following factors: (a)) or requests were submitted under contract; (b)) the place where made on each offence; (c)) the respective interests of the requesting States; (d)) the seriousness of the offences; (e) the nationality of the victim); (f) the possibility of subsequent extradition) applicant countries. and (g) the receipt of the request) of the chronological order of the applicant countries. Article 11 simplified extradition procedures If the person sought consents to his surrender to the requesting State, the requested State in accordance with its legal system provided for in the principles and procedures as quickly as possible to pass the person without further procedural steps. The consent of the person sought may include agreement on the withdrawal of entitlement to the speciality rule. Article 12 transit 1. A Member State may authorise the transit of persons through its territory, which the United States has transferred the third State or the third country is the United States. United States may authorize the person in transit through its territory of a Member State which has delegated to a third country or a third country which has passed. 2. A request for transit shall be communicated through the diplomatic channel or directly to the United States Department of Justice and the Ministry of Justice of the Member State concerned. Such a request, you can also use the Interpol. The request shall contain a description of the transferring Party and a brief review of the facts of the case. Keep custody of persons transferring during the transit. 3. Permission is not required when air transportation is used and no landing intended to transit the country. If it is not designed for landing, the country that has been the unexpected landing, may require a request for transit pursuant to paragraph 2. All measures necessary to prevent the person detained, taken during the transit, if a request for transit is received within 96 hours of the unexpected landing. Article 13 If the death penalty is a criminal offence for which extradition is provided for, the death penalty can be imposed under the law of the requesting State and the death penalty cannot be applied in accordance with the laws of the requested State, the requested State party may be issued provided that the person sought will not be sentenced to the death penalty, or if, pursuant to the procedural order requesting State such condition cannot be met, provided that if sentenced to the death penalty, then it will not be executed. If the requesting State accepts extradition, in accordance with the provisions of this article, it shall comply with those conditions. If the requesting State does not agree with the conditions of the extradition request may be refused. Article 14 information request Sensitive if the requesting State gives a particularly sensitive information in support of its request for extradition, it may consult the requested State to determine the extent to which the requested State's ability to protect information. If the requested State is unable to protect the information in a manner as provided for by the requesting State, the requesting State shall determine whether it will submit information. Article 15 consultations in appropriate cases, the Contracting Parties shall consult, in order to effectively use this contract as well as to promote any dispute about the interpretation or application of this agreement. Article 16 provisional application 1 this Agreement shall apply to offences committed before as well as after it enters into force. 2. This agreement shall apply to requests for extradition made after its entry into force. However, article 4 and 9 shall apply to requests which are submitted to the requested State before the entry into force of this Treaty. Article 17 a derogation does not use 1. This Treaty shall not affect the right of the requested State of grounds for refusal to refer to matters that are not regulated in this agreement but which is stipulated in the applicable bilateral extradition treaty between a Member State and the United States. 2. If the requested State constitutional principles or final judicial decisions binding can constitute an obstacle to the extradition obligations and this agreement or the relevant bilateral agreement is not intended to resolve issues between the requested and the requesting State consultation. Article 18 future bilateral extradition treaties with Member States to this agreement after its entry into force does not prevent the close bilateral agreements pursuant to this agreement between the Member State and the United States. Article 19 Appointment and notification, the European Union shall notify the United States about every appointment pursuant to paragraph 3 of article 2 and paragraph 2 of article 10 before article 3 (2) written instruments mentioned in the exchange between the Member States and the United States. Article 20 territorial application 1 this Agreement shall apply: (a)) in the United States; (b)) in relation to the European Union, the Member States: — — territories for whose external relations a Member State has responsibility, or countries that are not Member States, but to which the Member State has other duties with respect to external relations, if the parties so agree, through an exchange of diplomatic notes, and, if approved, the Member State concerned. 2. the application of this Treaty the territory or country in extended in accordance with paragraph 1, section "b" can stop each of the Contracting Parties six months before notifying in writing the other Contracting Party through the diplomatic channel, where such arrangements have been agreed with the Member State concerned and the United States. Article 21 review the Contracting Parties agree to jointly review this agreement as appropriate, but no later than five years after its entry into force. The review of the agreement, special attention is given to its practical implementation and can be considered also issues such as further development of the European Union in relation to the subject matter of this Treaty, and article 10. Article 22 entry into force and termination 1. This Treaty shall enter into force on the first day of the third month following the date on which the Contracting Parties shall exchange documents, which indicate that they have completed for this purpose, the necessary internal procedures. These documents indicate article 3 the measures referred to in paragraph 2. 2. Either Contracting Party may terminate this agreement at any time by written notice to the other Contracting Party. Termination shall take effect six months after the date of such notice. Above, this agreement must be signed by duly authorised persons. Drawn up in Washington, the two thousand twenty-third on the fifth of June two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic.
Por la Unión Europea For Den Für die Europäische Europæisk Union Για την Ευρωπαϊκή Ένωση Union, For the European Union Pour l l ' ' Union of European Union Europea Per Voor de the Mouse of Europes and União puolest the Commission the European of Euroopan unionin På unionen will vägnar [European Union] Por los Estados Unidos de América For the United Forened Für die Vereinigten Korean Stater of the Staatens Για Ηνωένες Πολιτείες της πς of the United Αερικής For the United States of America Pour les États-Unis (d) ' Latin America Peru gl status of Units d ' America Voor de Staten van Verenigd in America a Estados Unidos Pelo da Amerikan yhdysvaltojen América puolest's of the United stater förent På vägnar [United States of America on behalf of] the European Union and the United States issue a contract note that statement reflects the agreement of some of the European Union and the United States issue the application of the provisions of the Treaty, agreed on by the parties. On article 10 of the Treaty, article 10 is not intended to affect the country, which is of the Rome Statute of the International Criminal Court, the Member States, obligations or to influence the United States, which is not a Member State, the right of these statutes. 18. Article 18 of the Agreement provides that the agreement shall not preclude the entry into force for it to conclude bilateral extradition agreements pursuant to this agreement between the Member State and the United States. If the measures laid down in the Treaty, causing operational difficulties for one or more Member States or in the United States, such difficulties should be resolved first, if possible, to the Member State or Member States and the United States mutually in consultation, or, if necessary, using the consultation procedure provided for in the Treaty. If it is not possible to address such operational difficulty through consultations alone, then it is considered an appropriate agreement that future bilateral agreements between a Member State and the United States to provide an operationally feasible alternative mechanism that would satisfy the objectives of the specific provision with respect to which the difficulty.