printable banner

U.S. Department of State - Great Seal

U.S. Department of State

Diplomacy in Action

13089 Belize - Treaty on Extradition


   
Share

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13089

 

 

EXTRADITION

 

 

 

Treaty Between the
UNITED STATES OF AMERICA
and BELIZE

 

Signed at Belize March 30, 2000

with

Schedule

 

 

 

 

 


 

 


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.”


 

 

 

 

BELIZE

Extradition

Treaty signed at Belize March 30, 2000;
Transmitted by the President of the United States of America
to the Senate July 27, 2000 (Treaty Doc. 106-38,
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 Belize August 31, 2000;
Ratifications exchanged at Washington March 27, 2001;
Entered into force March 27, 2001.
With schedule.

 

 

 

 

EXTRADITION TREATY BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF BELIZE
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 Extradition Procedures and
Required Documents
Article 7 Admissibility of Documents
Article 8 Lapse of Time
Article 9 Provisional Arrest
Article 10 Decision and Surrender
Article 11 Temporary and Deferred Surrender
Article 12 Requests for Extradition Made by
Several States
Article 13 Seizure and Surrender of Property
Article 14 Rule of Specialty
Article 15 Waiver of Extradition
Article 16 Transit
Article 17 Representation and Expenses
Article 18 Consultation
Article 19 Application
Article 20 Ratification and Entry into Force
Article 21 Termination
The Government of the United States of America and the Government of
Belize,
Recalling the Extradition Treaty between the United States of America
and the United Kingdom of Great Britain and Northern Ireland, signed at London
June 8, 1972, and
Noting that both the Government of the United States of America and the
Government Belize 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:
2
Article 1
Obligation to Extradite
The Contracting States agree to extradite to each other, pursuant to the
provisions of this Treaty, persons sought for prosecution or convicted of an
extraditable offense by the authorities in the Requesting State.
Article 2
Extraditable Offenses
1. An offense shall be an extraditable offense if it falls within any of
the descriptions listed in the Schedule annexed to this Treaty, which is an integral
part of the Treaty, or any other offense, provided that in either case the offense 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. If the offense was committed outside of the territory of the
Requesting State, extradition shall be granted in accordance with this treaty if the
laws in the Requested State provide for punishment of an offense committed
outside of its territory in similar circumstances.
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 one year's deprivation of liberty or less, provided that all
other requirements for extradition are met.
3
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 willful crime against the person of a Head
of State of one of the Contracting States, or of a member of
the Head of State's family;
(b) an offense for which both Contracting States have the
obligation pursuant to a multilateral international agreement
to extradite the person sought or to submit the case to their
competent authorities for decision as to prosecution; and
(c) 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 the terms of 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.
4
Article 6
Extradition Procedures and Required Documents
1. All requests for extradition shall be submitted through the
diplomatic channel.
2. An requests shall be supported by:
(a) documents, statements, or other types of evidence which
describe the identity, and probable location of the person
sought;
(b) evidence describing the facts of the offense and the
procedural history of the case;
(c) evidence as to:
(i) the provisions of the laws describing the
essential elements of the offense for which
extradition is requested;
the provisions of the law describing the
punishment for the offense; and
(iii) the provisions of law describing any time limit
on the prosecution; and
(d) the documents, statements, or other types of evidence
specified in paragraph 3 or paragraph 4 of this Article, as
applicable.
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 document setting forth the charges; and
(c) such evidence as would be found sufficient, according to the
law of the Requested State, to justify the committal for trial
of the person sought if the offense of which the person has
been accused had been committed in the Requested State.
4. A request for extradition relating to a person who has been
convicted of the offense for which extradition is sought shall, in addition to the
materials listed in paragraph 2 of this Article, 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 convicted;
(b) evidence establishing that the person sought is the person to
whom the conviction 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 convicted in absentia,
the documents required by paragraph 3 of this Article.
Article 7
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
authenticated by an officer of the United States Department
of State and are certified by the principal diplomatic or
consular officer of Belize resident in the United States;
(b) in the case of a request from Belize, they are certified by the
principal diplomatic or consular officer of the United States
resident in Belize, 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 8
Lapse of Time
Extradition shall not be denied because of the prescriptive laws of either
the Requesting State or the Requested State.
Article 9
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
or directly between the United States Department of Justice and the Attorney
General in Belize. Such a request may also be transmitted through the facilities of
the International Criminal Police Organization (INTERPOL), or through such
other means as may be settled by arrangement between the Contracting States.
2. The application for provisional arrest shall contain:
(a) a description of the person sought;
6
(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.
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 6. The person arrested pursuant to this Article shall have the right of
access to the courts for such remedies and recourses as are provided by the law of
the Requested State.
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 10
Decision and Surrender
1. Extradition shall be granted only if the evidence is found sufficient
according to the law of the Requested State either to justify the committal for trial
of the person sought if the offense of which the person is accused had been
committed in the territory of the Requested State or to prove that the person is the
identical person convicted by the courts of the Requesting State.
2. The Requested State shall promptly notify the Requesting State
through the diplomatic channel of its decision on the request for extradition.
3. If the request is denied in whole or in part, the Requested State
shall provide an explanation of the reasons for the denial. The Requested State
shall provide copies of pertinent judicial decisions upon request.
4. 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.
7
5. 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 11
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 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 proceedings against that person, in accordance with
conditions to be 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 12
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 shall determine to which State it will surrender the person. In
making its decision, the Requested State shall consider all relevant factors,
including but not limited to:
(a) whether the requests were made pursuant to treaty;
(b) the place where each offense was committed;
(c) the respective interests of the Requesting States;
(d) the gravity of the offenses;
(e) the nationality of the victim;
(f) the possibility of further extradition between the Requesting
States; and
(g) the chronological order in which the requests were received
from the Requesting States.
8
Article 13
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.
Article 14
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 6; 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 to a
third State for an offense committed prior to his surrender unless the surrendering
State consents.
9
3. Paragraphs 1 and 2 of this Article shall not prevent the detention,
trial, or punishment of an extradited person, or the extradition of that person to a
third State, 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 of the day on which that person is free to
leave.
Article 15
Waiver of Extradition
If the person sought consents to surrender to the Requesting State, the
Requested State may surrender the person as expeditiously as possible without
further proceedings.
Article 16
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
Department of Justice in the United States and the Attorney General in Belize.
Such a request may also be transmitted through the facilities of the International
Criminal Police Organization (INTERPOL), or through such other means as may
be settled by arrangement between the Contracting States. 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 may 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 17
Representation and Expenses
1. The Requested State shall advise, assist, appear in court on behalf
of the Requesting State, and represent the interests of the Requesting State, in any
proceedings arising out of a request for extradition.
10
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.
3. Neither State shall make any pecuniary claim against the other
State arising out of the arrest, detention, examination, or surrender of persons
sought under this Treaty.
Article 18
Consultation
The Department of Justice of the United States and the Attorney General
of Belize 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 19
Application
This Treaty shall apply to offenses committed before as well as after the
date it enters into force, provided that extradition shall not be granted for an
offense committed before this Treaty enters into force which was not an offense
under the laws of both Contracting States at the time of its commission. Nothing
in this Treaty shall be construed to criminalize any conduct that was not subject to
criminal sanctions at the time the offense was committed.
Article 20
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 Extradition Treaty
between the Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the United States of America, signed at London
June 8, 1972, shall cease to have any effect between the United States and Belize.
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 15 of
this Treaty shall be applicable to such proceedings. Article 14 of this Treaty shall
apply to persons found extraditable under the prior Treaty.
11
Article 21
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 receipt of such notice.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments have signed this Treaty.
DONE at Belize, in duplicate, this 30th day of March 2000.
FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA:
FOR THE GOVERNMENT OF
BELIZE:
SCHEDULE
List of Offenses Referred to in Treaty
1. Murder; attempt to murder, including assault with intent to commit murder;
2. Manslaughter;
3. Malicious wounding; maiming; inflicting grievous bodily harm; assault
occasioning actual bodily harm; unlawful throwing or application of any
corrosive or injurious substance upon the person of another;
4. Offenses of a sexual nature, including rape, sexual assault, indecent assault,
unlawful sexual acts upon children or persons with mental disabilities;
5 Procuring a person for immoral purposes; living on the earnings of
prostitution;
6 Bigamy;
7. Kidnapping and abduction; false-imprisonment;
8. Offenses relating to children, including neglecting, ill-treating, abandoning,
exposing, stealing or exploiting a child, whether for sexual or other purposes;
9. Obtaining property, money, valuable securities or other pecuniary advantage
by false pretense or other forms of deception; theft; larceny; embezzlement;
any other offense in respect of property involving fraud;
10. Robbery; assault with intent to rob;
11. Burglary, housebreaking, shopbreaking, or similar offenses;
12. Receiving or otherwise handling any goods, money, valuable securities or
other property, knowing the same to have been stolen or unlawfully obtained;
13. Criminal intimidation; blackmail; extortion;
14. Offenses against the laws relating to corporations or companies, including
false statements and other offenses committed by company directors,
promoters, and other officers;
15 False accounting;
16. Fraud, including fraud against the Government or against individuals,
including behavior which has the effect of depriving the Government, its
agencies, or its citizens of money, valuable property, or the ability to conduct
their affairs free from false statements and deceit;
2
17. Offenses against bankruptcy laws;
18. Any offense relating to counterfeiting; any offense against the laws relating to
forgery or uttering what is forged;
19. Offenses against the law relating to bribery of persons, including the corrupt
offering, paying, or making of inducements to any foreign official or foreign
political party, official thereof, or candidate for foreign political office to
assist such person in obtaining or retaining business for himself or in
directing business to any other person; soliciting bribes, offering or accepting
bribes;
20. Perjury and subornation of perjury; false statement; attempting to pervert or
obstruct the course of justice;
21. Arson;
22. Malicious damage to property;
23. Money laundering;
24. Offenses relating to the willful issuance of a bad (illicit) check, including the
issuance of a check under a false name or without having made arrangements
with a financial institution, or after transactions have been suspended by
such an institution; and the willful failure to honor the check;
25. An offense against the law relating to consumer protection;
26. An offense against the law relating to firearms, weapons, or explosive of any
type;
27. An offense relating to the protection of public health or the environment,
including conduct directed at the destruction, defacing, deterioration, or
harming of the earth's environment;
28. An offense against the laws relating to protection of intellectual property,
copyrights, patents, or trademarks;
29. Offenses relating to fiscal matters, taxes or duties, including tax evasion or
fiscal fraud, notwithstanding that the law of the Requested State does not
impose the same kind of tax or duty or does not contain a tax, duty, or
customs regulation of the same kind as the law of the Requesting State;
30. Smuggling; an offense against the law relating to the control of exportation or
importation of goods of any type, or the intentional transfer of funds;
31. Immigration offenses, including alien smuggling;
3
32. An offense relating to gambling or lotteries;
33. Piracy; mutiny or other mutinous acts committed on board a vessel at sea;
34. Unlawful use, destruction, possession, control, seizure or hijacking of aircraft,
vessels or other means of transportation;
35. Any malicious act done with intent to endanger the safety of persons
travelling or being upon a railway;
36. Genocide or direct and public incitement to commit genocide;
37. Offenses under multilateral intentional conventions, binding on the
Requesting and Requested States, for which fugitive offenders may be
prosecuted or surrendered;
38. Impeding the arrest, detection or prosecution of a person who has or is
believed to have committed an offense for which surrender may be granted
under this Treaty;
39. An offense relating to escape from custody, or flight to avoid prosecution;
40. An offense relating to the law against terrorism.



Back to Top
Sign-in

Do you already have an account on one of these sites? Click the logo to sign in and create your own customized State Department page. Want to learn more? Check out our FAQ!

OpenID is a service that allows you to sign in to many different websites using a single identity. Find out more about OpenID and how to get an OpenID-enabled account.