TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12897
Protocol Between the
UNITED STATES OF AMERICA
Signed at Washington November 13, 1997
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—
“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”
Protocol signed at Washington November 13, 1997;
Transmitted by the President of the United States of America
to the Senate May 21, 1998 (Treaty Doc. 105-46,
105th Congress, 2d Session);
Reported favorably by the Senate Committee on Foreign Relations
October 2, 1998 (Senate Executive Report No. 105-23,
105th Congress, 2d Session);
Advice and consent to ratification by the Senate
October 21, 1998;
Ratified by the President January 20, 1999;
Ratified by Mexico April 27, 2001;
Ratifications exchanged at Mexico May 21, 2001;
Entered into force May 21, 2001.
PROTOCOL TO THE EXTRADITION TREATY BETWEEN
THE UNITED STATES OF AMERICA AND
THE UNITED MEXICAN STATES OF MAY 4, 1978
The United States of America and the United Mexican States (hereafter "the Parties"); Recognizing the close bilateral relationship which exists between them, reflected in numerous instruments and mechanisms of legal cooperation;
Committed to strengthening legal cooperation in the fight against crime; and Desiring to make more effective the Extradition Treaty between the Parties, signed at Mexico City on May 4, 1978 (hereafter "the Treaty");
Have agreed as follows: -
1. The title of Article 15 of the Treaty is hereby amended to read "Delayed and Temporary Surrender" and the existing text of such Article shall be numbered as Paragraph 1.
2. The following text shall be added as Paragraphs 2 and 3 of Article 15:
(2) The Requested Party, after granting an extradition request made in accordance with this Treaty, may temporarily surrender a person who has been convicted and sentenced in the Requested Party, in order that the person sought may be prosecuted in the Requesting Party before or during service of sentence in the Requested Party. The person so surrendered shall be kept in custody in the Requesting Party, and shall be returned to the Requested Party after conclusion of the proceedings, in accordance with conditions to be determined by agreement of the Parties for that purpose.
(3) In cases in which the person temporarily surrendered is found not guilty in the Requesting Party, the period of time spent in custody in the Requesting Party shall be credited to the sentence in the Requested Party.
1. This Protocol shall form an integral part of the Treaty, and its interpretation shall be governed by the principles contained in the Treaty.
2. The requirements of the Treaty between the United States of America and the United Mexican States on the Execution of Penal Sentences, signed at Mexico City on November 25, 1976, shall not apply to a temporary surrender under this Protocol.
3. This Protocol shall be subject to ratification, and shall enter into force on the date of exchange of instruments of ratification. It shall terminate upon termination of the Treaty.
DONE at Washington this thirteenth day of November, 1997, in duplicate, in the English and Spanish languages, both texts being equally authentic.
FOR THE UNITED STATES OF AMERICA:
FOR THE UNITED MEXICAN STATES: