treaties: 99-8

Treaties submitted to the Senate (Congresses 89–119), with countries, index terms, and resolution text.

Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API

This data as json

id congress number title topic transmitted_date in_force_date countries index_terms resolution_text
99-8 99 8 SUPPLEMENTARY EXTRADITION TREATY WITH THE UNITED KINGDOM Extradition and Criminal Assistance 1985-07-17T00:00:00Z 1986-12-23T00:00:00Z United Kingdom 99-8, EXTRADITION, EXTRADITION TREATY, SUPPLEMENTARY EXRTRADITION TREATY, TIAS 12050, UNITED KINGDOM <!DOCTYPE html><html xmlns="http://www.w3.org/1999/xhtml" lang="en"><head><meta name="dc:title" content="[ 99] TreatyRes. 13 for Treaty Doc. 99 - 8" /><meta name="Content-Encoding" content="ISO-8859-1" /><meta name="Content-Type" content="text/plain; charset=ISO-8859-1" /><title>[ 99] TreatyRes. 13 for Treaty Doc. 99 - 8</title></head><body><p>TEXT OF RESOLUTION OF ADVICE AND CONSENT TO RATIFICATION AS REPORTED BY THE COMMITTEE ON FOREIGN RELATIONS: Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Supplementary Extradition Treaty between the United States of America and the United Kingdom of Great Britain and Northern Ireland, with Annex, signed at Washington, June 25, 1985, subject to the following amendments: (1) Amend Article 1 to read as follows: "For the purposes of the Extradition Treaty, none of the following shall be regarded as an offense of a political character: (a) an offense for which both Contracting Parties have the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit his case to their competent authorities for decision as to prosecution; (b) murder, voluntary manslaughter, and assault causing grievous bodily harm; (c) kidnapping, abduction, or serious unlawful detention, including taking a hostage; (d) an offense involving the use of a bomb, grenade, rocket, firearm, letter or parcel bomb, or any incendiary device if this use endangers and person; and (e) an attempt to commit any of the foregoing offenses or participation as an accomplice of a person who commits or attempts to commit such an offense." (2) Amend Article 2 to read as follows: "Nothing in this Supplementary Treaty shall be interpreted as imposing the obligation to extradite if the judicial authority of the requested Party determines that the evidence of criminality presented is not sufficient to sustain the charge under the provisions of the treaty. The evidence of criminality must be such as, according to the law of the requested Party, would justify committal for trial if the offense had been committed in the territory of the requested Party. "In determining whether an individual is extraditable from the United States, the judicial authority of the United States shall permit the individual sought to present evidence on the questions of whether: (1) there is probable cause; (2) a defense to extradition specified in the Extradition Treaty or this Supplementary Treaty, and within the jurisdiction of the courts, exists; and (3) the act upon which the request for extradition is based would constitute an offense punishable under the laws of the United States. "Probable cause means whether there is sufficient evidence to warrant a man of reasonable caution in the belief that: (1) the person arrested or summoned to appear is the person sought; (2) in the case of a person accused of having committed a crime, an offense has been committed by the accused; and (3) in the case of a person alleged to have been convicted of an offense, a certificate of conviction or other evidence of conviction or criminality exists." Insert after Article 2 the following new article: "Article 3 "(a) Notwithstanding any other provision of this Supplementary Treaty, extradition shall not occur if the person sought establishes to the satisfaction of the competent judicial authority by a preponderance of the evidence that the request for extradition has in fact been made with a view to try or punish him on account of his race, religion, nationality, or political opinions, or that he would, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions. "(b) In the United States, the competent judicial authority shall only consider the defense to extradition set forth in paragraph (a) for offenses listed in Article 1 of this Supplementary Treaty. A finding under paragraph (a) shall be immediately appealable by either party to the United States district court, or court of appeals, as appropriate. The appeal shall receive expedited consideration at every stage. The time for filing a notice of appeal shall be 30 days from the date of the filing of the decision. In all other respects, the applicable provisions of the Federal Rules of Appellate Procedure or Civil Procedure, as appropriate, shall govern the appeals process." (4) Renumber the remaining articles 4, 5, 6, 7. Declaration The Senate of the United States declares that it will not give its advice and consent to any treaty that would narrow the political offense exception with a totalitarian or other non-democratic regime and that nothing in the Supplementary Treaty with the United Kingdom shall be considered a precedent by the executive branch or the Senate for other treaties.</p></body></html>

Links from other tables