Key Benefits:
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. "