1. A person convicted in the territory of one of the two States ("State of transfer") may be transferred to the territory of the other State ("receiving State") for the sentence imposed on him. To this end, it must express in writing either to the State of transfer or to the receiving State the desire to be transferred.

2. The expression:

"State of transfer" means the State in which the person who can be transferred has been sentenced;

"Receiving State" means the State to which the sentenced person may be transferred in order to be sentenced;

"Sentenced person" means any person against whom a judgment has been delivered by a competent court in the territory of one of the two States and is held in that State;

"National" means

A.

In relation to Switzerland, a Swiss national

B.

In relation to Barbados, a national of Barbados or a person who, under the laws of Barbados, is entitled to a Barbadian nationality.

3. A transfer can only take place under the following conditions:

A.

The judgment must be final and binding;

B.

The convicted person must be a national of the receiving State;

C.

The acts or omissions which gave rise to the conviction must constitute a criminal offence under the law of the receiving State or should constitute a criminal offence if they arise in its territory;

D.

The period of conviction that the person concerned has yet to be subjected to must be at least six months from the date of receipt of the request for transfer.

4. Any person sentenced to whom this Reciprocity Agreement may apply shall be informed by the State of transfer of the contents of this Reciprocity Agreement.

5. It is open to both states to refuse the transfer of a convicted person.

6. Each of the two States may submit to the other a request for transfer by the channel of the competent authorities. In both cases, the convicted person must, in writing, take the initiative or have consented to the request. Requests for transfer and responses must be in writing. The Sentencing State shall send to the other State a brief summary of the essential facts, a certified copy of the judgment and the legal provisions applied, the duration and the date of the commencement of the conviction, the duration of the sentence. Sentence already incurred, finally confirmation that the judgment is enforceable. The documents transmitted to the Swiss authorities shall, as far as possible, be accompanied by a translation into German, French or Italian. Documents addressed to the authorities of Barbados must be translated into English.

In order to stop their decision as to the transfer of a convicted person, the two states take into account the seriousness of the offence committed by that person, his state of health and the social relations that she has in both states. The requested State shall promptly inform the requesting State of its decision to accept or reject the request for transfer. The convicted person must be informed in writing of any action or decision taken by one of the two States concerning the request for transfer.

7. The State of transfer shall ensure that the convicted person who is required to give his or her consent to the transfer under s. 6 of this Agreement shall do so voluntarily and shall be fully aware of the legal consequences arising therefrom.

To this end, the consent of the convicted person or, in the event of his or her incapacity, of the person authorized to express such consent in his or her name, shall be examined by a person duly designated for that purpose.

The State of transfer shall give the receiving State the opportunity to verify, if it so desires, that the consent has been given under the conditions laid down in the preceding paragraph.

8.

A. The convicted person who has been transferred to serve the remainder of his sentence shall not, in the receiving State, be arrested again or brought before a court or convicted, on the basis of the same offence.

B.

The execution of the sentence after the transfer is governed by the law of the receiving State.

C.

Only the State of transfer has jurisdiction over the judgments of its courts, the convictions handed down by the courts and the procedures for the review, modification and annulment of those judgments and convictions.

D.

The receiving State is bound by the legal nature and duration of the sanction as the result of the conviction. However, if the nature or duration of the sanction is incompatible with the legislation of the receiving State, the receiving State may, by agreement of the State of transfer, prior to the transfer, adapt the sanction to the sentence or Measure under its own law for offences of the same nature. This penalty or measure cannot aggravate by its nature or by its duration the sanction imposed in the State of transfer.

E.

If the State of transfer revises, amends or cancels the judgment or reduces, commends or otherwise terminates the conviction, the receiving State shall respond to the decision as soon as it has been notified to it.

9. The receiving State shall provide information to the State of transfer concerning the execution of the conviction:

A.

When it considers that the execution of the conviction has been completed;

B.

Where the convicted person escapes or dies before the execution of the sanction is completed, or

C.

Where the State of transfer requests a special report.

10. All costs arising from the transfer shall be borne by the receiving State; however, the costs incurred exclusively in the territory of the State of transfer shall be borne by the receiving State.

11. The receiving State shall be responsible for the supervision and transport of the convicted person.

12. If one of the two Contracting Parties concludes, with a third State, an agreement on the transfer of sentenced persons, the other Party shall cooperate to facilitate the transit through its territory of a person transferred in accordance with that Agreement. It may, however, refuse to grant transit, if the convicted person is one of its nationals. The Party intending to make such a transit shall notify the other Party in advance.

13. In Switzerland the competent authority to address requests for transfer is the Federal Office of Justice of the Federal Department of Justice and Police.

In Barbados, the competent authority is the Ministry of Home Affairs.

14. This Agreement forms the basis for future cooperation between Switzerland and Barbados on the transfer of sentenced persons.

15. One or the other Party may denounce this Agreement by means of a diplomatic note. Seven (7) days after the date on the note, it shall be considered to have been received by the other Contracting Party. The denunciation shall take effect one (1) year later, from the date on which the note is considered to have been received.

However, this Reciprocity Agreement shall continue to apply to the execution of convictions of persons transferred in accordance with the said Agreement before the denunciation takes effect."

The Ministry of Foreign Affairs and Foreign Trade of Barbados also has the honour to announce that, as agreed between the two Governments, the Agreement comes into force on February 23, 2004, the date mentioned in this note to the Note noted above, and that both notes constitute an agreement.

The Ministry of Foreign Affairs and Foreign Trade of Barbados takes this opportunity to renew to the Swiss Embassy the assurance of its high regard.