Approves The Instrument Between The Portuguese Republic And The United States Of America, Made In 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 Wash

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a55784c5667755a47396a&fich=ppr51-X.doc&Inline=false

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 crime more effectively, as a means of protecting democratic societies and the values that inspire. To this end, the European Union and United States of America concluded, on 25 June 2003, an agreement on extradition. Pursuant to said agreement, Member States of the European Union should conclude written instruments with the United States of America in order to recognize your application.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: article 1 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 Extradition , signed in Washington on 25 June 2003, and your Attachment, made in Washington on July 14 2005, whose text, authenticated versions in Portuguese and English, if published in the annex.

Article 2 Exchange of instruments provided for in paragraph 7 of the instrument between the Portuguese Republic and the United States of America in accordance with paragraph 2 of article 3, of the agreement between the European Union and the United States of America on Extradition signed on 25 June 2003, Portugal will carry out the following statement already tabled concerning the signature: «the Portuguese Republic declares that in accordance with the Portuguese constitutional law, there are impediments to extradition in respect of offences punishable by the death penalty, life imprisonment or imprisonment for an indefinite period. As a result, extradition for such offences can only be granted in accordance with specific conditions provided they are considered by the Portuguese Republic as compatible with your Constitution. In the event of a case in which are involved the constitutional principles of Portugal described above, the Portuguese Republic will invoke the terms of § 4 of the instrument.»

Seen and approved by the Council of Ministers of 29 March 2007 Prime Minister of State and Minister for Foreign Affairs the Minister of Parliamentary Affairs Minister Presidency instrument between the Portuguese Republic and the United States of America pursuant to article 3, paragraph 2, of the agreement between the European Union and the United States of America on Extradition signed on 25 June 2003 1. In accordance with the provisions of article 3, paragraph 2 of the agreement between the European Union and the United States of America on Extradition signed on 25 June 2003 (hereinafter referred to as "EU-us agreement on Extradition"), the Government of the Portuguese Republic and the United States of America acknowledge that, in accordance with the provisions of this instrument, the EU-us agreement on extradition is applicable to bilateral extradition Convention between Portugal and the United States of America signed at Washington on 7 May 1908 (henceforth "Extradition Convention of 1908"), in the following terms: the) 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 offences that admit extradition;

b) article 5, paragraph 1, of the EU-us agreement on Extradition, as provided for in article IV of the annex to this instrument regulates the transmission mode of the extradition request and the documents of instruction;

c) article 5, paragraph 2, of the EU-us agreement on Extradition, as provided for in article V of the annex to this instrument regulates the requirements for certification, authentication or legalisation of an extradition request and the documents of instruction;

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 channel of provisional arrest requests;

and) article 7, paragraph 1, of the EU-us agreement on Extradition, as provided for in article IV of the annex to this instrument, establishes an alternate transmission method of the extradition request and the documents of instruction following 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 submission 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 surrender of persons against whom are pending proceedings in the requested State or who are serving time;

h) article 10 of the EU-us agreement on Extradition, as provided for in article II of annex to this instrument, the decision concerning applications submitted by various States for the extradition or surrender of the same person;

I) article 11 of the EU-us agreement on Extradition, as provided in article IX of the Annex to this instrument, regulates the use of simplified extradition procedures;

j) article 12 of the EU-us agreement on Extradition, as provided for in article X of annex to this instrument, regulates requests for transit of detainees; and k) article 14 of the EU-us agreement on Extradition, as provided in article VIII of the Annex to this instrument regulates the queries where the requesting State provides for the submission of particularly sensitive information for an extradition request.

2. the duties provided for in article 2, paragraph 3, of the agreement I-USA on Extradition are performed, with respect to the Portuguese Republic, for the Attorney General of the Republic, and, in relation to the United States of America, by the United States Department of Justice, as referred to in annex to this instrument.

3. For the purpose of running 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 on Extradition directly applicable.

4. When the constitutional principles or judicial decisions which have become res judicata in the requested State can prevent the fulfilment of your obligation to extradite, and resolution of this issue is provided for in the Annex to this instrument nor the Convention on extradition of 1908, consultations shall be held between the requested State and the requesting State.

5. In accordance with article 16 of the EU-us agreement on Extradition, this instrument shall apply to offences committed before and after your entry into force.


6. This instrument does not apply to extradition requests submitted prior to your entry into force; However, in accordance with article 16 of the EU-us agreement on Extradition, the articles I and III of the annex shall apply to applications submitted before the entry into force.

7. This instrument is subject to the fulfilment by the Portuguese Republic and the United States of America their respective internal procedures applicable for your entry into force. The Government of the Portuguese Republic and the United States of America then will exchange instruments stating that such procedure was completed. This instrument shall enter into force on the date of entry into force of the EU-us agreement on Extradition, and ceases with the termination of the agreement I-USA on extradition.

In WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this instrument.

Done at Washington DC on the 14th day of the month of July of the year of 2005, in duplicate, in the English and Portuguese languages, each of these texts being equally authentic.

For the Government of the Portuguese Republic by the Government of the United States of America ANNEX article I Offences extraditable. Instead of Article II of the Convention on extradition of 1908, applies the following: "1. extraditable offences, when, under the law of the requesting and requested States, are punishable with deprivation of liberty for a maximum period of more than one year or a more severe penalty. Also be an extraditable offences consisting in the attempt, in complicity, or participation in the Commission of an extraditable offence. When the application concerns the enforcement of a sentence on a person convicted of an extraditable offence, the period of deprivation of liberty to be served must be at least four months.

2. When extradition is granted for an extraditable offence, that should also be granted for any other offence specified in the request if this is punishable by a penalty involving deprivation of liberty of one year or less, provided that the other requirements fulfilled of extradition.

3. For the purposes of this article, an offence shall be deemed extraditable:) regardless of the law of the requesting and requested States to classify the infringement or not in the same category of offences or describe the offence or not with the same terminology; b) regardless of the offence being an offence for which the United States of America federal law requires proof of interstate transportation or use of postal services or other instruments affecting Interstate Commerce or foreign trade, since such proof is intended merely to determination of jurisdiction in federal court of the United States; and (c)) in criminal cases relating to taxes, customs duties, currency control and the import or export of goods, regardless of the law of the requesting and requested States provide for the same kinds of taxes, customs duties, or controls on currency or the import or export of the same kinds of goods.

4. When the offence 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 is provided for the punishment of an offence committed outside its territory in similar circumstances. Otherwise, the executing authority of the requested State may, on a discretionary basis, grant extradition provided that they fulfilled the other requirements of extradition. "

B. the term "committed within the jurisdiction of a Contracting Party, whenever the accused or convicted has been really at the time of perpetration of the crime within the limits of that jurisdiction and seek refuge or is found in the territory of the other" included in article I of the Convention on extradition of 1908 does not apply.

Article II requests for extradition or surrender made by several States in replacement of article VII of the Convention on extradition of 1908, applies the following: "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 enforcement authority of the requested State shall determine which the State If applicable, you will deliver the person.

2. If the Portuguese Republic receive an extradition request from the United States of America and a request for delivery under the European arrest warrant, to the same person for the same offence or for different offences, the competent judicial authority shall determine your State, if applicable, which will deliver the person.

3. When taking your decision pursuant to paragraphs 1 and 2, the requested State must meet all relevant elements, including, but not limited to, the following: a) the fact that the requests be submitted under a treaty; b) where each of the offences was committed; (c)) the respective interests of the requesting States; d) the seriousness of the offences; and) the nationality of the victim; f) the possibility of any subsequent extradition between the requesting States; and g) the chronological order of receipt of requests of the applicant States. "

Article III temporary surrender to complement the provisions of the Extradition Convention of 1908, applies the following: "1. If it is allowable to a request for extradition in the case of a person against whom a lawsuit is pending in the requested State or is serving time, the requested State may temporarily surrender the person to the requesting State for the purpose of prosecution.

2. The person delivered must be held in the requesting State and be returned to the requested State at the conclusion of the proceedings against her, under conditions to be determined by mutual agreement between the requesting and requested States. The period of detention served in the territory of the requesting State pending the criminal proceedings in this State may be deducted from the period of sentence to be served in the requested State. "

Article IV transmission of documents in lieu of article XI, paragraph 2, of the Convention on extradition of 1908, the following applies:


"The requests for extradition and the documents that instruct shall be transmitted through diplomatic channels. If the person who is the subject of the extradition request is held under provisional arrest by the requested State, the requesting State shall comply with the obligation to forward the extradition request and the documents of this statement request through diplomatic channels, showing the application and the documents at the Embassy of the requested State located in your territory. In this case, the date of receipt of the request at the Embassy is considered the date of receipt for the purposes of the time limit that should be observed, in accordance with article XII, in order to allow for the continued detention of the person. "

Article V authentication of documents to complement the provisions of the Extradition Convention of 1908, the following applies: "the documents certified or 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 further certification, authentication, or other form of legalization. The documents containing the certification or the seal of the United States Department of Justice or the United States Department of State are admissible in extradition proceedings in Portugal without further certification, authentication, or other form of legalization. "

Article VI transmission of provisional arrest requests to supplement the provisions of the Extradition Convention of 1908, the following applies: "requests for provisional arrest may be transmitted directly between the Attorney General of the Republic of Portugal and the United States Department of Justice, as an alternative to diplomatic channels. The resources of the International Criminal Police Organization (Interpol) may also be used for the transmission of such requests. "

Article VII additional information to supplement the provisions of the Extradition Convention of 1908, applies the following: "1. The requested State may ask the requesting State to provide additional information within a reasonable period which shall specify, if it considers that the information supplied in support of the extradition request is insufficient to fill the requirements of the Convention.

2. such additional information may be requested and furnished directly between the Attorney General of the Republic of Portugal and the United States Department of Justice. "

Article VIII sensitive information in a request to supplement the provisions of the Extradition Convention of 1908, the following applies: "When the requesting State provides for the submission of particularly sensitive information for the instruction of the extradition request for itself may consult the requested State to determine to what extent can the information be protected by that State. If this cannot protect the information in the manner sought by the requesting State, it will be up to this to determine whether such information shall however be presented. "

Article IX simplified extradition procedures to complement the provisions of the Extradition Convention of 1908, the following applies: "If the person who is the subject of an extradition request consent to your delivery to the requesting State, the requested State may, in accordance with the principles and procedures set forth in your legal system, make delivery of that person as quickly as possible without further formalities. The consent of the person who is the subject of the request may include the agreement to waive the protection of the speciality rule. "

Article X Transit to complement the provisions of the Extradition Convention of 1908, applies the following: "1. The United States of America may authorise transportation through your territory of a person surrendered to the Portuguese Republic by a third State, or by the Portuguese Republic to a third State. The Portuguese Republic may authorise transportation through your territory 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.

2. An application for transit must be submitted through the diplomatic channel or directly between the United States Department of Justice and the Attorney General of the Republic of Portugal. The means of Interpol can also be used for the transmission of such applications. The application shall contain a description of the person to be conveyed and a brief review of the facts of the case. A person in transit should be kept in custody during the period of transit.

3. the authorisation is not required when air transportation is used and no landing is required not within the jurisdiction of the State of transit. If an unscheduled landing occurs, the State in which occurs this landing may require the submission of a request for transit in accordance with paragraph 2. You must take all necessary measures to prevent the escape of the person even if the traffic as long as the request is received within 96 hours of the unscheduled landing. "

Statement by the Portuguese Republic concerning the signing of the instrument between the Portuguese Republic and the United States of America pursuant to article 3, paragraph 2, of the agreement between the European Union and the United States of America on Extradition signed on 25 June 2003 "the Portuguese Republic declares that, in accordance with the Portuguese constitutional law, there are impediments to extradition in respect of offences punishable by the death penalty with a life sentence or imprisonment for an indefinite period.

As a result, extradition for such offences can only be granted in accordance with specific conditions provided they are considered by the Portuguese Republic as compatible with your Constitution.

In the event of a case in which are involved the constitutional principles of Portugal described above, the Portuguese Republic will invoke the terms of § 4 of the instrument. "

Instrument between the United States of America and the Portuguese Republic as contemplated by Article 3 (2) of the Agreement on an ' 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 an ' Extradition between the United States of America and the European Union signed 25 June 2003 (hereafter "the U.S.-I an ' Extradition Agreement"), the Governments of the United States of America and the Portuguese Republic acknowledge that, in accordance with the provisions of this Instrument, the U.S.-I an ' Extradition Agreement is applied in relation to the bilateral Convention on an ' Extradition between the Government of the United States of America and the Government of Portugal signed in Washington the 7th of May 1908 (hereafter "the 1908 Convention on an ' Extradition") under the following terms: (a) Article 4 of the U.S. I set forth an ' Extradition Agreement as in Article I of the Annex to this Instrument shall govern the scope of extraditable offences;

(b) Article 5 (1) of the U.S. I set forth in an ' Extradition Agreement the Article IV of the Annex to this Instrument shall govern the mode of transmission of the an ' extradition request and supporting documents;

(c) Article 5 (2) of the U.S. I set forth in an ' Extradition Agreement the Article V of the Annex to this Instrument shall govern the requirements concerning certification, authentication or legalization of the an ' extradition request and supporting documents;

(d) Article 6 of the U.S. I set forth in an ' Extradition Agreement the Article VI of the Annex to this Instrument shall authorize an alternative channel of transmission of requests for provisional arrest;

(e) Article 7 (1) of the U.S. I set forth in an ' Extradition Agreement the Article IV of the Annex to this Instrument shall provide an alternative method for transmission of the request for an ' extradition and supporting documents following provisional arrest;

(f) Article 8 of the U.S. I set forth in an ' Extradition Agreement the Article VII of the Annex to this Instrument shall govern the channel to be used for submitting supplementary information;

(g) Article 9 of the U.S. I set forth in an ' Extradition Agreement the Article III of the Annex to this Instrument shall govern the temporary surrender of the person being proceeded against or serving a sentence in the requested State;

(h) Article 10 of the U.S. I set forth in an ' Extradition Agreement the Article II of the Annex to this Instrument shall govern the decision on requests made by several countries for the an ' extradition or surrender of the same person;

(i) Article 11 of the U.S. I set forth an ' Extradition Agreement the in Article IX of the Annex to this Instrument shall govern the use of simplified an ' extradition procedures;

(j) Article 12 of the U.S. I set forth in an ' Extradition Agreement the Article X of the Annex to this Instrument shall govern requests for transit of persons in custody; and (k) Article 14 of the U.S. I set forth in an ' Extradition Agreement the Article VIII of the Annex to this Instrument shall govern consultations where the requesting country contemplates the submission of particularly sensitive information in support of a request for an ' extradition.

2. The functions described in Article 2 (3) of the U.S.-I an ' Extradition Agreement shall be exercised, for the Portuguese Republic, by the Attorney General's Office; 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.-I an ' Extradition Agreement, the Annex reflects the provisions to be applied to the 1908 Convention on an ' Extradition upon entry into force of this Instrument; without prejudice to those provisions of the U.S.-I an ' Extradition Agreement directly applicable.

4. Where the constitutional principles of, or judicial decisions final 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 an ' Extradition resolves the matter, consultations shall take place between the requested and requesting States.

5. In accordance with Article 16 of the U.S.-an ' Extradition Agreement I, this Instrument shall apply to offences committed before as well as after it enters into force.

6. This Instrument shall not apply to requests for an ' extradition made prior to its entry into force; except that, in accordance with Article 16 of the U.S. I an ' 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 Portuguese Republic of their respective applicable internal procedures for entry into force. The Governments of the United States of America and the Portuguese Republic shall thereupon exchange instruments indicating that such measures have been completed. This Instrument shall enter into force on the date of entry into force of the U.S.-an ' Extradition Agreement, and I shall terminate upon termination of the U.S. I an ' Extradition Agreement.

In WITNESS WHEREOF, the Arbitration Forum, being Surani authorized by their respective Governments, have signed this Instrument.

DONE at Lisbon, in duplicate, this ___ day of February 2005, in the English and Portuguese languages, both texts being equally authentic.

For THE GOVERNMENT OF THE UNITED STATES OF AMERICA: FOR THE GOVERNMENT OF THE PORTUGUESE REPUBLIC: ANNEX Article I Extraditable offences. The following shall be applied in place of Article II of the Convention on an ' Extradition 1908: "ARTICLE 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 consists 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 convicted of an extraditable offence, the deprivation of liberty remaining to be served must be at least four months.

2. If an ' extradition 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 for an ' extradition 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 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 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, an ' extradition shall be granted, subject to the other applicable requirements for an ' extradition, if the laws of the requested country provide for the punishment of an offence committed outside its territory in similar general circumstances. If the laws of the requested country do not provide for the punishment of an offence committed outside its territory in similar general circumstances, the executive authority of the requested country, at its discretion, may grant an ' extradition provided that all other applicable requirements for an ' extradition 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 an ' Extradition shall not be applied.

Article II Requests for an ' extradition or surrender made by several states The following shall be applied in place of Article VII of the Convention on an ' Extradition 1908: "1. If the requested country receives requests from the requesting country and from any other country or countries for the an ' extradition of the same person, either for the same 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 Portuguese Republic receives an an ' extradition request from the United States of America and the request for surrender pursuant to the European arrest warrant for the same person, either for the same offence or for different offences, its judicial authority competent 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 pursuant to a treaty; (b) the places where each of the offences was committed; (c) the respective interests of the requesting countries; (d) the seriousness of the offences; (e) the nationality of the victim; (f) the possibility of any by the company an ' extradition 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 an ' Extradition: "1. If a request for an ' extradition 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 sought to the requesting country for the purpose of prosecution.

2. The person so surrendered shall be kept in custody in the requesting country and shall be returned to the requested country at the conclusion 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 served in the requested country. "

Article IV Transmission of documents The following shall be applied in place of Article XI, paragraph 2, of the Convention on an ' Extradition 1908: "Requests for an ' extradition and supporting documents shall be transmitted through the diplomatic channel. If the person whose an ' extradition is sought is held under provisional arrest by the requested country, the requesting country may satisfy its obligation to transmit its request for an ' extradition and supporting documents through the diplomatic channel by submitting 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 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 an ' Extradition: "Documents that bear the certificate or seal of the Attorney General of the Republic of Portugal or of the Ministry of Foreign Affairs of Portugal shall be admissible in an ' extradition 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 admissible in an ' extradition 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 an ' Extradition: provisional arrest Requests for "may be made directly between the Attorney General 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 an ' Extradition: "1. The requested country may require the requesting country to furnish additional information within such reasonable length of time as it specifies, if it considers that the information furnished in support of the request for an ' extradition is not sufficient to fulfil the requirements of the Convention.

2. Such supplementary information may be requested and furnished directly between the Attorney General 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 an ' Extradition: "Where the requesting country contemplates the submission of particularly sensitive information in support of its request for an ' extradition, 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 sought by the requesting country, the requesting country shall determine whether the information shall nonetheless be submitted. "

Article IX Simplified an ' extradition procedures The following shall be applied to supplement the provisions of the 1908 Convention on an ' Extradition: "If the person sought consents to be surrendered to the 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 sought 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 an ' Extradition: "1. The United States of America may authorize transportation through its territory of a person surrendered to the Portuguese Republic by the third country, or by the Portuguese Republic to the third country. The Portuguese Republic may authorize transportation through its territory of a person surrendered to the United States of America by a third country, or by the United States of America to a third country.

2. The request for transit shall be made through the diplomatic channel or directly between the United States Department of Justice and the Attorney General of the 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 transported and a brief statement of the facts of the case. A person in transit shall be detained 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 occur, the country in which the unscheduled landing occurs may require the request for transit pursuant to paragraph 2. All measures necessary to prevent the 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. "

Declaration by the Portuguese Republic pursuant to the signature of the Instrument between the United States of America and the Portuguese Republic as contemplated by Article 3 (2) of the Agreement on an ' Extradition between the United States of America and the European Union signed 25 June 2003 "The Portuguese Republic states that under Portuguese law, constitutional impediments exist to an ' extradition with respect to offences punishable by death , or by imprisonment for life or an unlimited duration. As a result, an ' extradition for such offenses may only be granted in accordance with specific conditions considered by the Portuguese Republic to be consistent with its Constitution. Should the case arise in which these constitutional principle are involved, the Portuguese Republic will invoke the terms of Paragraph 4 of this Instrument. "