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Approves The Instrument Between The Portuguese Republic And The United States Of America, Done At Washington On 14 July 2005, In Accordance With Paragraph 2 Of Article 3 Of The Agreement Between The European Union And The United States Of America On Ex...

Original Language Title: Aprova o instrumento entre a República Portuguesa e os Estados Unidos da América, feito em Washington, em 14 de Julho de 2005, conforme o n.º 2 do artigo 3.º do Acordo entre a União Europeia e os Estados Unidos da América sobre Extradição, assinado em Was

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MOTION FOR RESOLUTION No. 51 /X

The European Union is determined to improve cooperation in criminal matters between

the Member States and the United States of America, in order to combat the crime of

more effective form, as a means of protecting democratic societies and the values that

inspire them.

For the purpose, the European Union and the United States of America celebrated, on June 25

of 2003, an Agreement on Extradition.

Under the terms of the said agreement, the Member States of the European Union shall conclude

instruments written with the United States of America in such a way as to recognize their

application.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

Article 1.

Approves the Instrument between the Portuguese Republic and the United States of America,

done in Washington, on July 14, 2005, as per Article 3 (2) of the Agreement

between the European Union and the United States of America on Extradition, signed in

Washington to June 25, 2003, and its Annex, made in Washington, on July 14

of 2005, the text of which, in the authenticated versions in the Portuguese and English languages, if

publishes in annex.

Article 2.

In the exchange of the instruments provided for in paragraph 7 of the Instrument between the Republic

Portuguese and the United States of America as per Art. 3 (2) of the Agreement

between the European Union and the United States of America on Extradition signed to 25

from June 2003, Portugal will carry out the following statement already submitted relatively

to the signature:

" The Portuguese Republic declares that, pursuant to Portuguese constitutional law,

there are impediments to extradition in respect of punishable offences with the

death, with a sentence of life imprisonment or with imprisonment for indefinite duration.

As a consequence, extradition for such offences can only be granted in accordance with

specific conditions as long as they are considered by the Portuguese Republic as

compatible with your Constitution.

On the assumption that a case arises in which the constitutional principles are involved

of Portugal described above, the Portuguese Republic shall invoke the terms of § 4 of the

Instrument. "

Seen and approved in Council of Ministers of March 29, 2007

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Parliamentary Affairs

Instrument between the Portuguese Republic and the United States of America

as per Article 3 (2) of the Agreement between the European Union and the United States

from America on Extradition signed June 25, 2003

1. In accordance with the provisions of Article 3 (2) of the Agreement between the Union

European and the United States of America on Extradition signed on June 25 of

2003 (henceforth, "EU-US Agreement on Extradition"), the Governments of the Republic

Portuguese and the United States of America recognize that, according to the

provisions of this Instrument, the EU-US Agreement on Extradition is applicable to the

Bilateral Convention of Extradition between Portugal and the United States of America

signed in Washington on May 7, 1908 (henceforth, " Convention of Extradition of

1908 "), in the following terms:

a) Article 4 of the EU-US Agreement on Extradition, as provided for in Article I

of the Annex to this Instrument, regulates the scope of the offences admitting to

extradition;

(b) Article 5 (1) of the EU-US Agreement on Extradition, as provided for in the

Article IV of the Annex to this Instrument, regulates the mode of transmission of the application

of extradition and the documents of instruction;

(c) Article 5 (2) of the EU-US Agreement on Extradition, as provided for in the

Article V of the Annex to this Instrument, regulates the requirements concerning the

certification, authentication or legalization of an extradition request and the

instructional documents;

d) Article 6 of the EU-US Agreement on Extradition, as provided for in Article

VI of the Annex to this Instrument, authorizes an alternative transmission channel of

requests for provisional detention;

(e) Article 7 (1) of the EU-US Agreement on Extradition, as provided for in the

Article IV of the Annex to this Instrument, establishes a method of transmission

alternative of the extradition request and the instruction documents after the

provisional detention;

f) Article 8 of the EU-US Agreement on Extradition, as provided for in Article

VII of the Annex to this Instrument, regulates the channel to be used for the presentation of

additional information;

g) Article 9 of the EU-US Agreement on Extradition, as provided for in Article

III of the Annex to this Instrument, regulates the temporary delivery of persons against

which is pending a process in the requested State or that in it are

serve time;

h) Article 10 of the EU-US Agreement on Extradition, as provided for in Article

II of the Annex to this Instrument, regulates the decision on applications submitted by

several states for the extradition or delivery of the same person;

(i) Article 11 of the EU-US Agreement on Extradition, as provided for in Article

IX of the Annex to this Instrument, regulates the use of extradition proceedings

simplified;

j) Article 12 of the EU-US Agreement on Extradition, as provided for in Article

X of the Annex to this Instrument, regulates the transit requests of persons arrested;

and

(k) Article 14 of the EU-US Agreement on Extradition, as provided for in Article

VIII of the Annex to this Instrument, regulates consultations whenever the State

applicant provides for the submission of particularly sensitive information for

the instruction of an extradition request.

2. The functions provided for in Article 2 (3) of the US-US Agreement on Extradition are

performed, in respect of the Portuguese Republic, by the Attorney General of the

Republic, and, in respect of the United States of America, by the Department of

Justice of the United States, pursuant to the terms set out in the Annex to this Instrument.

3. For the purpose of carrying out the EU-US Agreement on Extradition, the Annex reflects

the provisions to be applied in relation to the Extradition Convention of 1908 after the

entry into force of this Instrument; without prejudice to the provisions of the EU-US Agreement

about Extradition directly applicable.

4. When the constitutional principles or judicial decisions carried forward on trial

of the requested State may prevent the fulfilment of its obligation to extradite, and the

resolution of that issue is not provided for in the Annex to this Instrument nor in the

1908 Extradition Convention, consultations shall be held between the requested State and the

Applicant state.

5. Under the Article 16 of the EU-US Agreement on Extradition, this Instrument is

applicable to offences committed before and after their entry into force.

6. This Instrument is not applicable to the extradition requests filed before its

entry into force; however, pursuant to Article 16 of the EU-US Agreement on

Extradition, Articles I and III of the Annex shall apply to applications submitted before

of that entry into force.

7. This Instrument is subject to compliance by the Portuguese Republic and the

United States of America of the respective internal formalities applicable for its

entry into force. The Governments of the Portuguese Republic and the United States of the

America in a row will exchange instruments stating that such a procedure was

completed. This Instrument shall come into force on the date of the entry into force of the EU Agreement-

US on Extradition, and cesses with the cessation of the US-US Agreement on Extradition.

IN FÉ DO WHAT, THE UNDERSIGNED, DULY AUTHORIZED BY THE RESPECTIVE

Governments, signed this Instrument.

Made in Washington DC, on the 14º day of July 2005, in two

exemplars, in the Portuguese and English languages, making faith any of the texts.

By the Government of the Portuguese Republic

By the Government of the United States of America

ANNEX

Article I

Offences that admit extradition

A. In substitution of Article II of the 1908 Extradition Convention, the

next:

" 1. The offences admit extradition, when, pursuant to the law of the requesting States

and required, are punishable with deprivative sentence of liberty for a maximum period of

more than a year or with more serious penalty. Also admit extradition the offences

that consisted of the attempt, the complicity, or the comparticipation in the practice of a

infringement that admits extradition. When the application refers to the execution of a sentence

about a person convicted of the practice of an offence which admits extradition, the

period of deprivation of the freedom to be fulfilled must be at least four months.

2. When extradition shall be granted in respect of an offence which he admits

extradition, that must also be granted in respect of any other offence

specified in the application if this is punishable with deprivative penalty of lower liberty or

equal to one year, provided that the other requirements of the extradition are met.

3. For the purposes of this Article, an offence shall be deemed to be that an offence shall be deemed to be extradition:

a) Irrespective of the law of the requesting States and required to classify or

not the offence in the same category of offences or describe or not the offence with

the same terminology;

b) irrespective of whether the offence is one of the offences for which the law

federal of the United States of America requires proof of interstate transportation or the

use of postal services or other instruments affecting trade

interstate or foreign trade, with such proof being intended merely to the

determination of competence in a federal court of the United States; and

c) In criminal proceedings relating to taxes, customs duties, control

of currency and import or export of goods, regardless of the law of the

Applicant states and required to provide for or not the same type of taxes, rights

customs or currency controls or the import or export of the same type of

goods.

4. Where the offence has been committed outside the territory of the requesting State, the

extradition must be granted, subject to the other requirements applicable to extradition,

if in the law of the requested State is provided for punishment of an offence committed outside

of the respective territory under identical circumstances. Otherwise, the authority of

execution of the requested State may, discretionarily, grant extradition since

that if they find themselves fulfilled the other requirements of extradition. "

B. The expression " committed within the jurisdiction of the Duma of the Contracting Parties, always

that the accused or convicted person has actually been at the time of the perpetration of the crime

within the limits of that jurisdiction and seek refuge or is found in the territory of the

another " included in Article I of the Extradition Convention of 1908 does not apply.

Article II

Applications for extradition or delivery submitted by several States

In substitution of Article VII of the 1908 Extradition Convention, the

next:

" 1. If the requested State receives requests from the requesting State and any other

State or States for the extradition of the same person, by the same offence or by

different offences, the executing authority of the requested State shall determine

which state, if it is the case, the one that will deliver the person.

2. If the Portuguese Republic receives a request for extradition from the United States of the

America and an application for delivery under the European Arrest Warrant, for the

same person, for the same offence or for different offences, their authority

competent judiciary must determine which state, if it is the case, to which it will deliver the

person.

3. When making its decision pursuant to paragraph 1 and 2, the requested State shall meet the

all relevant elements, including, albeit not exclusively, the following:

a) the fact that the applications are submitted under a treaty;

b) the place in which each of the offences was committed;

c) the respective interests of the requesting States;

d) The seriousness of the offences;

e) the nationality of the victim;

f) The possibility of possible subsequent extradition between the States

applicants; and

g) The chronological order of receipt of requests from the requesting States. "

Article III

Temporary delivery

To supplement the provisions of the 1908 Extradition Convention, the

next:

" 1. If a request for extradition is given in the case of a person against the

what is pending a process in the State required or that in it is complying

Penalty, the requested State may proceed to the delivery, on a temporary basis, of that person to the

Applicant status for the purpose of criminal action.

2. The person delivered shall be detained in the requesting State and be restituted to the State

required at the conclusion of the case against it pending, under conditions to

determine by mutual agreement between the requesting and required States. The period of

detention served on the territory of the requesting State pending criminal action in that

State can be discounted from the period of penalty for complying in the required state. "

Article IV

Transmission of documents

In substitution of Article XI, paragraph 2, of the 1908 Extradition Convention,

applies the following:

" The extradition requests and the documents that instructor them must be passed on

through the diplomatic channels. If the person on whom to recouch the extradition request

is held in a provisional detention regime by the requested State, the State

applicant must comply with the obligation to pass the extradition request and the

documents of instruction of that request through the diplomatic channels, presenting the

application and the documents at the Embassy of the requested State located in its territory.

In such a case, the date of receipt of the application at the Embassy is considered to be the date of

reception for the purpose of application of the limit deadline that should be observed, in the terms

of Article XII, to allow the continuation of the person's detention. "

Article V

Authentication of documents

To supplement the provisions of the 1908 Extradition Convention, the

next:

" The documents containing the certification or seal of the Attorney General of the

Republic of Portugal or the Ministry of Foreign Affairs of Portugal are

admissible in extradition proceedings in the United States of America without any

other certification, authentication or other form of legalization.

The documents containing the certification or seal of the Department of Justice of the

United States or the United States Department of State are admissible in

extradition proceedings in the Portuguese Republic without any other certification,

authentication or other form of legalization. "

Article VI

Transmission of orders for provisional detention

To supplement the provisions of the 1908 Extradition Convention, the

next:

" Applications for provisional arrest may be transmitted directly between the

Attorney-General of the Republic of Portugal and the Department of Justice of the States

United, in alternative to diplomatic channels. The means of the International Organization

of Criminal Police (Interpol) can also be used for the transmission of these

requests. "

Article VII

Supplementary information

To supplement the provisions of the 1908 Extradition Convention, the

next:

" 1. The requested State may ask the requesting State for the provision of information

additional within a reasonable period that it will specify, if it considers that the information

provided in support of the extradition request are insufficient for the fulfillment of the

requirements set out in the Convention.

2. Such supplemental information may be requested and provided directly between

the Attorney-General of the Republic of Portugal and the Department of Justice of the States

United. "

Article VIII

Sensitive information contained in a request

To supplement the provisions of the 1908 Extradition Convention, the

next:

" When the requesting State provides for the submission of information particularly

sensitive to the instruction of the extradition request by you submitted may consult the

State required to determine to what extent information can be protected

by that state. If the latter is unable to protect the information in the manner intended by the

Applicant State, it will be up to this to determine whether such information shall nevertheless be

presented. "

Article IX

Simplified extradition procedures

To supplement the provisions of the 1908 Extradition Convention, the

next:

" If the person on whom he falls for an extradition request consent to his delivery to the

Applicant State, the requested State may, in accordance with the principles and

procedures provided for in your legal planning, make delivery of that person so

quickly as possible, without further formalities. The consent of the person on

which recess the application may include the annuence in waiving the protection of the rule of the

specialty. "

Article X

Transit

To supplement the provisions of the 1908 Extradition Convention, the

next:

" 1. The United States of America may authorize transportation through its

territory of a person delivered to the Portuguese Republic by a third State, or

by the Portuguese Republic to a third State. The Portuguese Republic may authorise

the transport through its territory of a person handed over to the United States of the

America by a third State, or by the United States of America to a State

third.

2. Transit requests shall be submitted through the diplomatic channels or

directly between the Department of Justice of the United States and the Prosecutor's Office-

General of the Republic of Portugal. The means of Interpol can also be used for

the transmission of these requests. Applications must contain the description of the person to

transport and a brief review of the facts of the process. A person in transit must

be held under detention during the transit period.

3. No permission is required when air transport is used and is not

expected no landing on the territory of the transit state. If one comes to occur

unforeseen landing, the State in which such landing takes place may require the

presentation of a transit application pursuant to paragraph 2. shall be taken all the

measures necessary to prevent the person's escape until the transit is carried out since the

request to be received within 96 hours of the unforeseen landing. "

Declaration by the Portuguese Republic on the signing of the

Instrument between the Portuguese Republic and the United States of America

as per Article 3 (2) of the Agreement between the European Union and the United States

from America on Extradition signed June 25, 2003

" The Portuguese Republic declares that, pursuant to Portuguese constitutional law,

there are impediments to extradition in respect of punishable offences with the

death, with a sentence of life imprisonment or with imprisonment for indefinite duration.

As a consequence, extradition for such offences can only be granted in accordance with

specific conditions as long as they are considered by the Portuguese Republic as

compatible with your Constitution.

On the assumption that a case arises in which the constitutional principles are involved

of Portugal described above, the Portuguese Republic shall invoke the terms of § 4 of the

Instrument. "

Instrument between the United States of America and the World's Republic as

contemplated by Article 3 (2) of the Agreement on Extradition between the

United States of America and the European Union signed 25 June 2003

1. The contemplated by Article 3 (2) of the Agreement on Extradition between the

United States of America and the European Union signed 25 June 2003 (hereafter "

U.S. -EU Extradition Agreement "), the Governments of the United States of America

and the World Jewish Republic acknowledge that, in accordance with the provisions of

This Instrument, the U.S. -EU Extradition Agreement is applied in relation to the bilateral

Convention on Extradition between the Government of the United States of America

and the Government of Portugal signed in Washington the 7 th

of May 1908 (hereafter

"the 1908 Convention on Extradition"), under the following terms:

(a) Article 4 of the U.S. -EU Extradition Agreement as set forth in Article I of the

I Act to this Instrument shall govern the scope of extraditable offences;

(b) Article 5 (1) of the U.S. -EU Extradition Agreement as a set forth in Article IV of the

I'm told to this Instrument shall govern the mode of transmission of the same

request and supporting documents;

(c) Article 5 (2) of the U.S. -EU Extradition Agreement as a set forth in Article V of the

To be governed by this Instrument shall govern the requirements concerning certification,

authentication or legalization of the concerned request and supporting documents;

(d) Article 6 of the U.S. -EU Extradition Agreement as a set forth in Article VI of the

Banned to this Instrument shall authorize an alternative channel of transmission of

requests for provisional arrest;

(e) Article 7 (1) of the U.S. -EU Extradition Agreement as a set forth in Article IV of the

Banned to this Instrument shall provide an alternative method for transmission of

the request for an arrest and supporting documents following provisional arrest;

(f) Article 8 of the U.S. -EU Extradition Agreement as set forth in Article VII of the

Accused to this Instrument shall govern the channel to be used for allegedly

supplementary information;

(g) Article 9 of the U.S. -EU Extradition Agreement as a set forth in Article III of the

Oppose to this Instrument shall govern the temporary surrender of a person being

proceeded against or serving a sentence in the requested State;

(h) Article 10 of the U.S. -EU Extradition Agreement as a set forth in Article II of the

Conviction to this Instrument shall govern the decision on requests made by several

countries for the vulnerable or surrender of the same person;

(i) Article 11 of the U.S. -EU Extradition Agreement as a set forth in Article IX of the

Tos to this Instrument shall govern the use of simplified procedures

procedures;

(j) Article 12 of the U.S. -EU Extradition Agreement as a set forth in Article X of the

Connects to this Instrument shall govern requests for transit of persons in custody;

and

(k) Article 14 of the U.S. -EU Extradition Agreement as a set forth in Article VIII of the

Hopes to this Instrument shall govern consultations where the country's requesting country

contemplates the submission of sensitive information in support of a

request for a request.

2. The functions described in Article 2 (3) of the U.S. -EU Extradition Agreement

shall be sought, for the Portuguese Republic, by the Attorney General of the Republic;

and, for the United States of America, by the United States Department of Justice, in the

manner set forth in the Annex to this Instrument.

3. In order to implement the U.S. -EU Extradition Agreement, the Annex

the provisions to be applied to the 1908 Convention on Extradition upon entry into force

of this Instrument; without prejudice to those provisions of the U.S. -EU Extradition

Agreement directly applicable.

4. Where the constitutional principles of, or final judicial decisions binding upon,

the requested State may pose an impediment to fulfillment of its obligation to extradite,

and neither the Annex to this Instrument nor the 1908 Convention on Extradition

resolve the matter, consultations shall take place between the requested and requesting

States.

5. In accordance with Article 16 of the U.S. -EU Extradition Agreement, this

Instrument shall apply to offences committed before as well as it enters into force.

6. This Instrument shall not apply to any requests for promises made prior to its entry

into force; except that, in accordance with Article 16 of the U.S. -EU Extradition

Agreement, Articles I and III of the Annex shall be applicable to requests made prior to

such entry into force.

7. This Instrument shall be subject to the completion by the United States of

America and the World's Republic of their respective applicable internal procedures

for entry into force. The Governments of the United States of America and the

World Republic shall thereupon thereupon exchange instruments that such

measures have been completed. This Instrument shall enter into force on the date of

entry into force of the U.S. -EU Extradition Agreement, and shall terminate upon

termination of the U.S. -EU Extradition Agreement.

IN WITNESS WHEREOF, the undersigned, being held authorized by their respective

Government, have signed this Instrument.

DONE at Lisbon, in duplicate, this ___ day of February 2005, in the English and

World languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE

WORLD REPUBLIC:

The

Article I

Extraditable offences

A. The following shall be applied in place of Article II of the 1908 Convention on

Namely:

" III II

1. An offence shall be an extraditable offence if it is punishable under the laws of

the requesting and requested countries by deprivation of liberty for a maximum period

of more than one year or by a more severe penalty. An offence shall also be an

extraditable offence if it protesters of an attempt or conspiracy to commit, or participation

in the commission of, an extraditable offence. Where the request is for enforcement of

the sentence of a person alleged of an extraditable offence, the deprivation of liberty

remaining to be extra must be at least four months.

2. If convicted is granted for an extraditable offence, it shall also be granted for

any other offence specified in the request if the latter offence is punishable by one

year's deprivation of liberty or less, provided that all other requirements are founded

are met.

3. For purposes of this Article, an offence shall be considered an extraditable

offence:

(a) regardless of whether the laws in the requesting and requested countries

place the offence within the same category of offences or describe the offence by the

same terminology;

(b) regardless of whether the offence 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 affecting interstate or foreign commerce, such matters being

for the purpose of the purpose of 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 whether the laws of the requesting and

requested countries provide for the same kinds of taxes, customs duties, or controls on

currency or on the import or export of the same kinds of commodities.

4. If the offence has been committed outside the territory of the requesting country,

shall shall be granted, subject to the other applicable requirements for being granted,

if the laws of the requested country provide for the punishment of an offence committed

outside its territory in similar protests. If the laws of the requested country do not

provide for the punishment of an offence committed outside its territory in similar

excellent, the executive authority of the requested country, at its discretion, may

grant will have provided that all other applicable requirements are

met. "

B. The phrase " committed within the jurisdiction of one of the Contracting Parties

while said person was actually within such jurisdiction when the crime was committed,

and who shall seek an asylum or shall be found within the territories of the other " in

Article I of the 1908 Convention on Extradition shall not be applied.

Article II

Requests for a surrender or surrender made by several states

The following shall be applied in place of Article VII of the 1908 Convention on

Namely:

" 1. If the requested country requests requests from the requesting country and from

any other country or countries for the same person, either for the same person

offence or for different offences, the executive authority of the requested country shall

determine to which country, if any, it will surrender the person.

2. If the World's Republic has banned an attempt to request from the United States

of America and a request for surrender to the European arrest warrant for the

same person, either for the same offence or for different offences, its judicial competent

authority shall determine to which country, if any, it will surrender the person.

3. In making its decision under paragraphs 1 and 2, the requested country shall

consider all of the relevant factors, including, but not limited to, the following:

(a) whether the requests were made available to a treaty;

(b) the places where each of the offences was committed;

(c) the respective interests of the requesting countries;

(d) the offences of the offences;

(e) the youngest of the victim;

(f) the possibility of any subsequent subsequent between the requesting

countries; and

(g) the chronological order in which the requests were received from the

requesting countries. "

Article III

Temporary surrender

The following shall be applied to supplement the provisions of the 1908 Convention on

Namely:

" 1. If a request is held is granted in the case of a person who is being

proceeded against or is serving a sentence in the requested country, the requested

country may temporarily surrender the person vulnerable to the requesting country for the

purpose of prosecution.

2. The person so surfaced shall be kept in custody in the requesting country and

shall be returned to the requested country at the proceeding of the proceedings against

that person, in accordance with the conditions to be determined by mutual agreement of

the requesting and requested countries. The time spent in custody in the territory of the

requesting country pending prosecution in that country may be deducted from the time

remaining to be confirmed in the requested country. "

Article IV

Transmission of documents

The following shall be applied in place of Article XI, paragraph 2, of the 1908

Convention on Extradition:

" Requests for being convicted and supporting documents shall be transmitted through the

diplomatic channel. If the person whose person is believed to be held under provisional

arrest by the requested country, the requesting country may satisfy its obligation to

transmit its request for mixture and supporting documents through the diplomatic

channel by combining the request and documents to the Embassy of the requested

country located in the requesting country. 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

country for purposes of applying for the time limit that must be met under Article XII to

enable the person's continued detention. "

Article V

Authentication of documents

The following shall be applied to supplement the provisions of the 1908 Convention on

Namely:

" Documents that bear the certificate or seal of the Attorney General's Office of the Republic of

Portugal or of the Ministry of Foreign Affairs of Portugal shall be alleged in

exploring proceedings in the United States of America without further certification,

authentication, or other legalization. Documents that bear the certificate or seal of the

United States Department of Justice or of the United States Department of State shall be

investigated in the proceedings in the Portuguese Republic without further

certification, authentication, or other legalization. "

Article VI

Transmission of requests for provisional arrest

The following shall be applied to supplement the provisions of the 1908 Convention on

Namely:

" Requests for provisional arrest may be made directly between the Attorney General's Office

of the Republic of Portugal and the United States Department of Justice, as an alternative

to the diplomatic channel. The facilities of the International Criminal Police

Organization (Interpol) may also be used to transmit such a request. "

Article VII

Supplemental information

The following shall be applied to supplement the provisions of the 1908 Convention on

Namely:

" 1. The requested country may require the requesting country to furnish additional

information within such reasonable length of time as it does, if it considers that the

information furnished in support of the request for bathroom is not sufficient to fulfil

the requirements of the Convention.

2. Such supplementary information may be requested and furnished directly

between the Attorney General's Office of the Republic of Portugal and the United States

Department of Justice. "

Article VIII

Sensitive information in a request

The following shall be applied to supplement the provisions of the 1908 Convention on

Namely:

" Where the requesting country contemplates the submission of sensitive

information in support of its request for excellent, it may consult the requested

country to determine the extent to which the information can be protected by the

requested country. If the requested country cannot protect the information in the manner

Determining by the requesting country, the requesting country shall determine whether the

information shall be submitted. "

Article IX

Simplified procedures procedures

The following shall be applied to supplement the provisions of the 1908 Convention on

Namely:

" If the person appeals consents to be surfaced to the country's requesting country, the requested

country may, in accordance 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 who may include agreement to waiver of

protection of the rule of specialty. "

Article X

Transit

The following shall be applied to supplement the provisions of the 1908 Convention on

Namely:

" 1. The United States of America may authorize transportation through its territory

of a person surging to the World's Republic by a third country, or by the

World Republic to a third country. The World Jewish Republic may authorize

transportation through its territory of a person surging to the United States of

America by a third country, or by the United States of America to a third country.

2. A request for transit shall be made through the diplomatic channel or directly

between the United States Department of Justice and the Attorney General's Office

Republic of Portugal. The facilities of Interpol may also be used to transmit such a

request. The request shall contain a description of the person being held and a

brief statement of the facts of the case. A person in transit shall be insured in custody

during the period of transit.

3. Authorization is not required when air transportation is used and no landing is

scheduled on the territory of the transit country. If an unscheduled landing does apologise,

the country in which the unscheduled landing occurs may require a request for transit

pt to paragraph 2. All measures necessary to prevent the person from absconding

shall be taken until transit is taken, as long as the request for transit is received within

96 hours of the unscheduled landing. "

Declaration by the World's Republic to the signature of the

Instrument between the United States of America and the World's Republic as

contemplated by Article 3 (2) of the Agreement on Extradition between the United

States of America and the European Union signed 25 June 2003

" The World Jewish Republic states that under World constitutional law, impediments

exist to be found with respect to offences punishable by death, or by imprisonment for

life or an unlimited duration. As a result, it proves to be such offenses may only be

granted in accordance with specific conditions considered by the World's Republic

to be consistent with its Constitution. Should the case arise in which these constitutional

principle are involved, the World's Republic will invoke the terms of 4 of

this Instrument. "