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Agreement with the United States on extradition

This agreement provides conditions relating to the extradition of offenders between the European Union (EU) and the United States of America (U.S.), with a view to improving cooperation within their applicable extradition relations.

ACT

Council Decision 2009/820/CFSP of 23 October 2009 on the conclusion on behalf of the European Union of the Agreement on extradition between the European Union and the United States of America and the Agreement on mutual legal assistance between the European Union and the United States of America.

SUMMARY

The European Union (EU) and the United States of America (U.S) signed an agreement on extradition, which entered into force on 1 February 2010. The agreement supplements the bilateral extradition treaties between EU countries and the U.S. and enhances cooperation in the context of applicable extradition relations.

Extraditable offences

Extraditable offences consist of:

  • offences that are punishable by deprivation of liberty for a maximum period (more than one year) or by a more severe penalty under the laws of both the requesting and requested country;
  • an attempt to commit or participation in the commission of such an offence.

If the requested country grants extradition for an extraditable offence, it must also grant extradition for any other offence included in the request, provided that the other offence is punishable by deprivation of liberty for up to one year and that all the other requirements for extradition are fulfilled.

Extradition requests

The requesting country transmits its requests for extradition and any supporting documents via the diplomatic channel. These documents need not be authenticated further if they bear the certificate or seal of the requesting country’s Ministry of Justice or Ministry or Department responsible for foreign affairs.

The requesting country may transmit requests for provisional arrest via the Ministries of Justice, instead of using the diplomatic channel. These requests may also be transmitted via the International Criminal Police Organisation (Interpol). When the requesting country is seeking for the extradition of a person who already is under provisional arrest in the requested country, it may submit its request directly to the requested country’s embassy located on its territory.

In case the requested country deems the information provided in the request for extradition insufficient for carrying it out, it may require the requesting country to submit additional information. Requests for and transmissions of additional information may be done directly between the Ministries of Justice.

Extradition procedures

The requested country may temporarily surrender a person who is being proceeded against or who is serving a sentence to the requesting country for prosecution.

When several countries request the extradition of the same person for the same or different offences, the requested country’s executive authority decides to which country that person will be surrendered. Similarly, if the U.S. submits an extradition request for a person whose surrender has also been requested pursuant to the European arrest warrant for the same or different offences, the requested EU country’s competent authority decides to which country the person will be surrendered.

The requested country may use simplified extradition procedures, that is surrender a person without delay and further proceedings, when the person concerned consents to being surrendered.

EU countries and the U.S. may allow for the transit through their territories of a person surrendered to or by one or the other and a third country. Requests for transit may be made via the diplomatic channel, directly between the U.S. Department of Justice and the EU country’s Ministry of Justice or via Interpol. No authorisation is needed for air transportation, provided that no landing is scheduled onto the territory of the transit country. In the case of an unscheduled landing, the country in question may require a request for transit.

The requested country may grant extradition for an offence that is punishable by death under the laws of the requesting country but not under its own laws on condition that:

  • the death penalty will not be imposed;
  • if the death penalty is imposed, it will not be carried out.

REFERENCES

ActEntry into forceDeadline for transposition in the Member StatesOfficial Journal
Decision 2009/820/CFSP

23.10.2009

-

OJ L 291 of 7.11.2009

RELATED ACTS

Council Decision 2009/933/CFSP of 30 November 2009 on the extension, on behalf of the European Union, of the territorial scope of the Agreement on extradition between the European Union and the United States of America [Official Journal L 325 of 11.12.2009].
This decision extends the territorial scope of the agreement on extradition between the EU and the U.S. to the Netherlands Antilles and Aruba.

Last updated: 01.04.2011

See also

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