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13066 Sri Lanka - Treaty on Extradition


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13066

 

 

EXTRADITION

 

 

 

Treaty Between the
UNITED STATES OF AMERICA
and SRI LANKA

 

Signed at Washington September 30, 1999

 

 

 

 

 


 

 


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.”


 

 

 

 

SRI LANKA

Extradition

Treaty signed at Washington September 30, 1999;
Transmitted by the President of the United States of America
to the Senate June 27, 2000 (Treaty Doc. 106-34,
106th Congress, 2d Session);
Reported favorably by the Senate Committee on Foreign Relations
September 27, 2000 (Senate Executive Report No. 106-26,
106th Congress, 2d Session);
Advice and consent to ratification by the Senate
October 18, 2000;
Ratified by the President December 23, 2000;
Ratified by Sri Lanka November 27, 2000;
Ratifications exchanged at Washington January 12, 2001;
Entered into force January 12, 2001.

EXTRADITION TREATY
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF SRI LANKA
TABLE OF CONTENTS
Article 1 Obligation to Extradite
Article 2 Extraditable Offenses
Article 3 Nationality
Article 4 Political and Military Offenses
Article 5 Prior Prosecution
Article 6 Lapse of Time
Article 7 Capital Punishment
Article 8 Extradition Procedures and
Required Documents
Article 9 Admissibility of Documents
Article 10 Language
Article 11 Provisional Arrest
Article 12 Decision and Surrender
Article 13 Temporary and Deferred
Surrender
Article 14 Requests for Extradition
Made by Several States
Article 15 Seizure and Surrender of
Property
Article 16 Rule of Speciality
Article 17 Waiver of Extradition
Article 18 Transit
Article 19 Representation and Expenses
Article 20 Consultation
Article 21 Application
Article 22 Ratification and Entry into
Force
Article 23 Termination
The Government of the United States of America and the Government of the
Democratic Socialist Republic of Sri Lanka,
Recalling the extradition treaty applicable between the Contracting States, the
Treaty for the Mutual Extradition of Criminals between the United States of America and
Great Britain, signed at London, December 22, 1931,
Noting that the Contracting States currently apply the terms of that Treaty, and
Desiring to provide for more effective cooperation between the two States in the
suppression of crime, and, for that purpose, to conclude a new treaty for the extradition
of offenders,
Have agreed as follows:
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Article 1
Obligation to Extradite
The Contracting States agree to extradite to each other, pursuant to the provisions
of this Treaty, persons sought by the authorities in the Requesting State for trial or
punishment for an extraditable offense.
Article 2
Extraditable Offenses
1. An offense shall be an extraditable offense if it is punishable under the laws
in both Contracting States by deprivation of liberty for a period of more than one year or
by a more severe penalty.
2. An offense shall also be an extraditable offense if it consists of an attempt or
a conspiracy to commit, aiding or abetting, counseling or procuring the commission of, or
being an accessory before or after the fact to, any offense described in paragraph 1.
3. For the purposes of this Article, an offense shall be an extraditable offense:
(a) whether or not the laws in the Contracting States place the offense
within the same category of offenses or describe the offense by the
same terminology; or
(b) whether or not the offense 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.
4. Extradition shall be granted for an extraditable offense regardless of where
the act or acts constituting the offense were committed.
5. If extradition has been granted for an extraditable offense, it shall also be
granted for any other offense specified in the request even if the latter offense is
punishable by less than one year's deprivation of liberty, provided that all other
requirements for extradition are met.
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Article 3
Nationality
Extradition shall not be refused on the ground that the person sought is a national
of the Requested State.
Article 4
Political and Military Offenses
1. Extradition shall not be granted if the offense for which extradition is
requested is a political offense.
2. For the purposes of this Treaty, the following offenses shall not be
considered to be political offenses:
(a) a murder or other violent crime against the person of a Head of
State or Head of Government of one of the Contracting States, or of
a member of the Head of State's or Head of Government's family;
(b) aircraft hijacking offenses, as described in the Convention for the
Suppression of Unlawful Seizure of Aircraft, done at the Hague on
December 16, 1970;
(c) acts of aviation sabotage, as described in the Convention for the
Suppression of Unlawful Acts Against the Safety of Civil Aviation,
done at Montreal on September 23, 1971;
(d) crimes against internationally protected persons, including
diplomats, as described in the Convention on the Prevention and
Punishment of Crimes Against Internationally Protected Persons,
including Diplomatic Agents, done at New York on December 14,
1973;
(e) acts of violence at airports, as described in the Protocol for the
Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to the Convention for
the Suppression of Unlawful Acts Against the Safety of Civil
Aviation, done at Montreal on February 24, 1988;
(f) any other offense for which both Contracting States have the
obligation pursuant to a multilateral international agreement to
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extradite the person sought or to submit the case to their competent
authorities for decision as to prosecution; and
(g) a conspiracy or attempt to commit any of the foregoing offenses, or
aiding or abetting a person who commits or attempts to commit such
offenses.
3. Notwithstanding paragraph 2 of this Article, extradition shall not be.
granted if the executive authority of the Requested State determines that the request was
politically motivated.
4. The executive authority of the Requested State may refuse extradition for
offenses under military law which are not offenses under ordinary criminal law.
Article 5
Prior Prosecution
1. Extradition shall not be granted when the person sought has been convicted
or acquitted in the Requested State for the offense for which extradition is requested.
2. Extradition shall not be precluded by the fact that the authorities in the
Requested State have decided not to prosecute the person sought for the acts for which
extradition is requested, or to discontinue any criminal proceedings which have been
instituted against the person sought for those acts.
Article 6
Lapse of Time
Extradition shall not be barred because of the laws relating to lapse of time of
either the Requesting State or the Requested State.
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Article 7
Capital Punishment
1. When the offense for which extradition is sought is punishable by death
under the laws in the Requesting State and is not punishable by death under the laws in
the Requested State, the Requested State may refuse extradition unless:
(a) the offense constitutes murder under the laws in the Requested
State; or
(b) the Requesting State provides such assurances as the Requested
State considers sufficient that the death penalty will not be imposed
or, if imposed, will not be carried out.
2. In instances in which a Requesting State provides an assurance in
accordance with paragraph (1)(b) of this Article, the death penalty, if imposed by the
courts of the Requesting State, shall not be carried out.
Article 8
Extradition Procedures and Required Documents
1. All requests for extradition shall be submitted through the diplomatic
channel.
2. All requests shall be supported by:
(a) documents, statements, or other types of information which describe
the identity, and probable location of the person sought;
(b) information describing the facts of the offense and the procedural
history of the case;
(c) a statement of the laws describing the essential elements of the
offense for which extradition is requested;
(d) a statement of the provisions of law prescribing punishment for the
offense; and
(e) documents, statements, or other types of information specified in
paragraph 3 or paragraph 4 of this Article, as applicable.
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3. A request for extradition of a person who is sought for prosecution shall
also be supported by:
(a) a copy of the warrant or order of arrest, if any, issued by a judge or
other competent authority of the Requesting State;
(b) a copy of the charging document, if any; and
(c) such information as would provide a reasonable basis to believe that
the person to be extradited committed the offense for which
extradition is requested and is the person named in the warrant of
arrest.
4. A request for extradition relating to a person who has been found guilty of
the offense for which extradition is sought shall also be supported by:
(a) a copy of the judgment of conviction or, if such copy is not available,
a statement by a judicial authority that the person has been found
guilty;
(b) information establishing that the person sought is the person to
whom the finding of guilt refers;
(c) a copy of the sentence imposed, if the person sought has been
sentenced, and a statement establishing to what extent the sentence
has been carried out; and
(d) in the case of a person who has been found guilty in absentia, the
documents required by paragraph 3.
Article 9
Admissibility of Documents
The documents which accompany an extradition request shall be received and
admitted as evidence in extradition proceedings if:
(a) in the case of a request from the United States, they are signed or
certified by a judge, magistrate, or an official of the United States,
and sealed with the official seal of a competent authority of the
United States;
(b) in the case of a request from Sri Lanka, they are certified by the
principal diplomatic or principal consular officer of the
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United States resident in Sri Lanka, as provided by the extradition
laws of the United States; or
(c) they are certified or authenticated in any other manner accepted by
the law of the Requested State.
Article 10
Language
All documents submitted by the Requesting State shall be in English.
Article 11
Provisional Arrest
1. In case of urgency, a Contracting State may request the provisional arrest
of the person sought pending presentation of the request for extradition. A request for
provisional arrest may be transmitted through the diplomatic channel. In exceptional
cases of unusual urgency, a request may be transmitted directly between the United States
Department of Justice and the Sri Lankan Ministry of Justice. The facilities of the
International Criminal Police Organization (INTERPOL) may be used to transmit such a
request.
2. The application for provisional arrest shall contain:
(a) a description of the person sought;
(b) the location of the person sought, if known;
(c) a brief statement of the facts of the case, including, if possible, the
time and location of the offense;
(d) a description of the laws violated;
(e) a statement of the existence of a warrant of arrest or a finding of
guilt or judgment of conviction against the person sought; and
(f) a statement that a request for extradition for the person sought will
follow.
3. The Requesting State shall be notified without delay of the disposition of its
application and the reasons for any denial.
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4. A person who is provisionally arrested may be discharged from custody
upon the expiration of sixty (60) days from the date of provisional arrest pursuant to this
Treaty if the executive authority of the Requested State has not received the formal
request for extradition and the supporting documents required in Article 8.
5. The fact that the person sought has been discharged from custody pursuant
to paragraph 4 of this Article shall not prejudice the subsequent rearrest and extradition
of that person if the extradition request and supporting documents are delivered at a later
date.
Article 12
Decision and Surrender
1. The Requested State shall promptly notify the Requesting State through the
diplomatic channel of its decision on the request for extradition.
2. If the request is denied in whole or in part, the Requested State shall
provide the reasons for the denial. The Requested State shall provide copies of pertinent
judicial decisions upon request.
3. If the request for extradition is granted, the authorities of the Contracting
States shall agree on the time and place for the surrender of the person sought.
4. If the person sought is not removed from the territory of the Requested
State within the time prescribed by the law of that State, that person may be discharged
from custody, and the Requested State may subsequently refuse extradition for the same
offense.
Article 13
Temporary and Deferred Surrender
1. If the extradition request is granted in the case of a person who is being
proceeded against or is serving a sentence in the Requested State, the Requested State
may, subject to its laws, temporarily surrender the person sought to the Requesting State
for the purpose of prosecution. The person so surrendered shall be kept in custody in the
Requesting State and shall be returned to the Requested State after the conclusion of the
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proceedings against that person, in accordance with conditions determined by mutual
agreement of the Contracting States.
2. The Requested State may postpone the extradition proceedings against a
person who is being prosecuted or who is serving a sentence in that State. The
postponement may continue until the prosecution of the person sought has been
concluded or until such person has served any sentence imposed.
Article 14
Requests for Extradition Made by Several States
If the Requested State receives requests from the other Contracting State and from
any other State or States for the extradition of the same person, either for the same
offense or for different offenses, the executive authority of the Requested State, in
consultation with the Requesting State, shall determine to which State it will surrender
the person.
Article 15
Seizure and Surrender of Property
1. To the extent permitted under its law, the Requested State may seize and
surrender to the Requesting State all articles, documents, and evidence connected with
the offense in respect of which extradition is granted. The items mentioned in this Article
may be surrendered even when the extradition cannot be effected due to the death,
disappearance, or escape of the person sought.
2. The Requested State may condition the surrender of the property upon
satisfactory assurances from the Requesting State that the property will be returned to
the Requested State as soon as practicable. The Requested State may also defer the
surrender of such property if it is needed as evidence in the Requested State.
3. The rights of third parties in such property shall be duly respected.
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Article 16
Rule of Speciality
1. A person extradited under this Treaty may not be detained, tried, or
punished in the Requesting State except for:
(a) the offense for which extradition has been granted or a differently
denominated offense based on the same facts on which extradition
was granted, provided such offense is extraditable, or is a lesser
included offense;
(b) an offense committed after the extradition of the person; or
(c) an offense for which the executive authority of the Requested State
consents to the person's detention, trial, or punishment. For the
purpose of this subparagraph:
(i) the Requested State may require the submission of the
documents called for in Article 8; and
(ii) the person extradited may be detained by the Requesting
State for 90 days, or for such longer period of time as the
Requested State may authorize, while the request is being
processed.
2. A person extradited under this Treaty may not be extradited or
surrendered to a third State or an international tribunal for an offense committed prior
to that person's surrender unless the surrendering State consents.
3. Paragraphs 1 and 2 of this Article shall not prevent the detention, trial, or
punishment of an extradited person, or the extradition or surrender of that person to a
third State or an international tribunal, if:
(a) that person leaves the territory of the Requesting State after
extradition and voluntarily returns to it; or
(b) that person does not leave the territory of the Requesting State
within 10 days with respect to the territory of the United States and
within 45 days with respect to the territory of Sri Lanka of the day
on which that person is free to leave.
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Article 17
Waiver of Extradition
If the person sought consents to surrender to the Requesting State, the Requested
State may, subject to its laws, surrender the person as expeditiously as possible without
further proceedings.
Article 18
Transit
1. Either Contracting State may authorize transportation through its territory
of a person surrendered to the other State by a third State. A request for transit shall be
transmitted through the diplomatic channel or directly between the United States
Department of Justice and the Sri Lankan Ministry of Justice. The facilities of
INTERPOL may also be used to transmit such a request. It shall contain a description of
the person being transported and a brief statement of the facts of the case. A person in
transit may be detained in custody during the period of transit.
2. No authorization is required where air transportation is used and no
landing is scheduled on the territory of the Contracting State. If an unscheduled landing
occurs on the territory of the other Contracting State, the other Contracting State may
require the request for transit as provided in paragraph 1. That Contracting State shall
detain the person to be transported until the request for transit is received and the transit
is effected, so long as the request is received within 96 hours of the unscheduled landing.
Article 19
Representation and Expenses
1. The Requested State shall advise, assist, appear in court, and represent the
interests of the Requesting State, in any proceedings arising out of a request for
extradition.
2. The Requesting State shall bear the expenses related to the translation of
documents and the transportation of the person surrendered. The Requested State shall
pay all other expenses incurred in that State by reason of the extradition proceedings.
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3. Neither Contracting State shall make any pecuniary claim against the other
Contracting State arising out of the arrest, detention, examination, or surrender of
persons sought under this Treaty.
Article 20
Consultation
The United States Department of Justice and the Attorney General's Department
of Sri Lanka may consult with each other directly in connection with the processing of
individual cases and in furtherance of maintaining and improving procedures for the
implementation of this Treaty.
Article 21
Application
This Treaty shall apply to offenses committed before as well as after the date it
enters into force.
Article 22
Ratification and Entry into Force
1. This Treaty shall be subject to ratification. The instruments of ratification
shall be exchanged as soon as possible.
2. This Treaty shall enter into force upon the exchange of the instruments of
ratification.
3. Upon the entry into force of this Treaty, the Treaty for the Mutual
Extradition of Criminals between the United States of America and Great Britain, signed
at London, December 22, 1931, shall cease to have any effect between the United States of
America and Sri Lanka. Nevertheless, the prior Treaty shall apply to any extradition
proceedings in which the extradition documents have already been submitted to the
courts of the Requested State at the time this Treaty enters into force, except that
Article 16 of this Treaty, relating to the Rule of Speciality, shall be applicable to such
proceedings.
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Article 23
Termination
Either Contracting State may terminate this Treaty at any time by giving written
notice to the other Contracting State, and the termination shall be effective six months
after the date of such notice.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective Governments have signed this Treaty.
DONE at Washington, in duplicate, in the English language, this thirtieth day of
September, 1999.

FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:
FOR THE GOVERNMENT OF
THE DEMOCRATIC SOCIALIST
REPUBLIC OF SRI LANKA:

 

 

 

 



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