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Foreign Holding of Rural Lands in Argentina

Millionaire businessmen, magnates and multinational corporations are all buying up huge areas of land in Argentina. Making the most of the cheap prices and lack of restrictions they now own a significant percentage of Argentine soil. A new law is being introduced to help limit the dominance of foreign holding of rural lands buyers.  The new bill is called ‘Protection of National Dominium of Property, Possession or Holding of Rural Lands (in Spanish, Protección al Dominio Nacional sobre la Propiedad, Posesión o Tenencia de las Tierras Rurales). The President Christina Fernández has decided to urgently push this bill through that will impact the investments of foreign magnates.

The law will limit the control of foreign holding of rural lands to 20%. The law will affect rural land that is already been bought by foreign investors. Non-Argentine owners will be given 180 days to report their possessions to the government. A new National Register of Rural Lands will also be created that will keep a record of land ownership and the nationalities of owners. So why should the government defend the ownership of the rural areas? The government argues that land is a non-renewable resource that is different from normal types of investments. Nevertheless, the main reason for introducing such a radical and protectionist law is the sheer number of hectares owned by foreigners in Argentina.

The worst foreign holder of rural land ‘offender’ is Luciano Benetton, owner of the famous Benetton fashion brand, who possesses one million hectares in Patagonia: is the size of a small country. When Benetton bought the land it caused huge controversy and brought the issue to the attention of the Argentine public and media. Another foreign owner of Argentine land is Douglas Tomkins, a multimillionaire American and ecologist. Tomkins owns 350,000 hectares in Corrientes, Santa Cruz, Neuquén and Tierrra del Fuego. He does put the land to good use: implementing areas of preservation and conservation, however many Argentines feel it unfair that a foreigner could have so much dominium in their country.

Other famous foreign owners of Argentina include; Englishman Joe Lewis owns 18,000 hectares in Río Negro and American Ted Turner owns 5,000 hectares in Neuquén and Tierra del Fuego. It isn’t just millionaire individuals buying up rural areas: in recent years, Arab and Asian corporations have also jumped on the bandwagon. For instance, the Chinese corporation Heilongjiang will use 330,000 hectares of land in Río Negro to produce food products for export.

The new law will limit the percentage of ownership and prevent foreigners from buying more than 1000 hectares in any one place. The bill is similar to legislation in force in the UK and USA.

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

www.kierjoffe.com

Argentina Real Estate Market

The Argentine housing market, along with many other parts of the economy, has seen some interesting ups and downs in the last decade. Following the 2002 crisis, the housing market benefited greatly for two reasons: First, as people had lost their faith in the financial market, the started pouring their financial resources into real estate. Secondly, construction costs that were measured in dollars fell dramatically, due to devaluation.

Unlike the 1990s, when demand was mostly stimulated by mortgages, the early 2000s saw many purchases being made in cash. The buyers and builders came from all sorts of different economic sectors, and they all saw a positive revenue flow as a result.

Today, all of these conditions have, once again, changed dramatically. Not only is Argentina is in the midst of economic and political uncertainty, but the mortgage advertisements have made little to no impact, as that credit simply isn’t available. And given the recession, people are less willing to turn their cash into bricks, preferring to retain liquid assets until the political and economic situations develop further. Many have expected a devaluation of the peso after the election, and, furthermore, nobody can tell how long the recession will last.

If the peso continues to fall, so will the salaries of those working in exportation sectors. However, if the dollar falls, it will become increasingly difficult to put any stock in the current dollar prices that apply to the real estate market.

Currently, the market is hampered because most people won’t accept that their home or property is worth less than they think it is, or less than it should be, which is the case for so many. On the other hand, it is important to remember that the market is what dictates these values, and the real price of assets can fluctuate from day to day, or month to month.

So property owners can maintain that their property is worth, say, USD 500,000, but if there are no buyers, then what can be said of that value? At the same time, those who did buy property in recent years are in a great situation, because they have no mortgage companies urging them to sell. They can hang on to their properties longer, assuming the costs of maintaining that asset don’t change too much (taxes, etc.).

If people do not have the resources to buy a place of their own, then, there is always the option to rent. Costs, however, are not so agreeable, and it is increasingly difficult to find people who can actually afford the asked rent. In short, the Buenos Aires real estate market isn’t dynamic because the prices simply do not meet the demand, both in properties for sale and for rent.

But looking at the near future, we can consider the following: 1) given the lack of money currently circulating and available, we can expect the emergence of mortgages that are actually realistic for potential buyers, which will, in turn, invigorate the market. And 2) an increase in the exchange rate will decrease the price per square meter, again, stimulating the housing market.

So it is important to realize that the market can only truly be unlocked if people are willing to accept that all assets have lost some value in Argentina, and the situation will only change if we look at long-term growth. Unfortunately, many are not willing to look at the long-term situation due to the political and economic uncertainty, but it is absolutely necessary in order to move forward into healthier, more prosperous times.

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

www.kierjoffe.com

Argentina Patent Attorney

Argentina Patent Attorney

An Argentina Patent Attorney at Kier Joffe provides professional legal counsel and extensive experience in many aspects of Trademark, Copyright & Patents law. As a trusted Argentina Patent Attorney defense law firm, Kier Joffe’s highly skilled Buenos Aires Trademark, Copyright & Patents defense lawyers have managed a wide variety of Trademark, Copyright & Patents defense claims.

Contact an Experienced Argentina Patent Attorney

A highly skilled Buenos Aires Trademark, Copyright & Patents defense lawyer with Kier Joffe will provide more than just legal advice for a Trademark, Copyright & Patents defense case. The Buenos Aires Trademark, Copyright & Patents defense lawyers fully embrace each case with the clients’ best interests in mind. Analyzing each case, the firm’s Buenos Aires Trademark, Copyright & Patents defense attorney professionals determine the most effective course of action to achieve a favorable resolution. For dedicated Buenos Aires trademarks defense attorneys, trust Kier Joffe to deliver quality representation in the field of Trademark, Copyright & Patents law.

Trustworthy Argentina Patent Attorney

While involved in a Trademark, Copyright & Patents dispute, it is important to seek a highly experienced Buenos Aires Trademark, Copyright & Patents defense lawyer with a trustworthy background. The Buenos Aires Trademark, Copyright & Patents defense attorneys at Kier Joffe are committed to protecting their clients’ best interests. Kier Joffe’s team of reputable Buenos Aires Trademark, Copyright & Patents defense lawyers carefully analyze trademarks disputes to form sound case strategies in order to resolve the client’s legal matter.

Contact a Proven Argentina Patent Attorney

The proven Buenos Aires – Argentina lawyer professionals at the Kier Joffe law firm have experience working with foreign clients involved in all kind of cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in almost all the practice areas of law, to service its international cases in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires  lawyer in Argentina.

www.kierjoffe.com

Argentina Wills, Inheritance Law, Probate, Equity, Estate and Succession Planning Buenos Aires Lawyer attorney law firm

Probing Probate: What You Should Know

Probate is a term that is used in several different ways. Probate can refer to the act of presenting a will to a court officer for filing — such as, to “probate” a will. But in a more general sense, probate refers to the method by which your estate is administered and processed through the legal system after you die.

The probate process helps you transfer your estate in an orderly and supervised manner. Your estate must be dispersed in a certain manner (your debts and taxes paid before your beneficiaries receive their inheritance, for example). Think of the probate process as the “script” that guides the orderly transfer of your estate according to the rules. (For more info, see What’s a Probate Estate All About?)

Many people think that probate applies to you only if you have a will. Wrong! Your estate will be probated whether or not you have a will.

– With a valid will: If you have a valid will, then your will determines how your estate is transferred during probate and to whom.
– Without a valid will: If you don’t have a will, or if you die partially intestate, where only part of your estate is covered by a valid will, the laws where you live specify who gets what parts of your estate.

So read on for a few important points about probate you need to know.

The probate process

Even though you won’t be around when your estate goes through probate (after all, you’ll be dead), you need to understand how the probate process works. At the most basic levels, the probate process involves two steps:

– Pays debts you owe
– Transfers assets to your beneficiaries

A state court called the probate court oversees the probate process.Because probate courts are state courts and not federal courts, the processes they follow may vary from one state to another. Yet despite their differences, these courts all pretty much follow the same basic processes and steps, which typically include:

– Swearing in your personal representative
– Notifying heirs, creditors, and the public that you are, indeed, dead
– Inventorying your property
– Distributing your estate (including paying bills and any taxes)

Swearing in your personal representative

In your will, you name who you want to be your personal representative — that is, the person in charge of your estate after you die. However, the court determines the personal representative for your estate under the following circumstances:

– You die without a will.
– You have a will but for some reason didn’t specify who you want to be your personal representative.
– The person you selected has died or for some reason can’t serve — and you didn’t “bring in someone from the bullpen” to replace your original choice.

A family member, such as your spouse or an adult child, can request that the court appoint him or her as the personal representative for your estate. Regardless of who is finally selected, the court gives your personal representative official rights to handle your estate’s affairs. As evidence that this person has the authority to act on behalf of your estate, the court gives your personal representative a certified document called the Letters of Administration or Letters Testamentary.

In either case, the personal representative named in your will or determined by the court has to first be formally appointed by the court before officially entering into office (the term that’s used). Usually this involves that the personal representative take an oath of office, after which he or she will then receive the official documentation showing his or her status (the Letters of Administration or Letters Testamentary we mention above).

Your personal representative files a document called a Petition for Probate of Will and Appointment of Personal Representative with the probate court. This petition begins the probate process. If you have a will, the probate court issues an order admitting your will to probate. Basically, the court acknowledges your will’s validity. (Check out Status of Your Will: Testate or Intestate? to get the lowdown on how the law sees your will.)

Notifying creditors and the public

Some state laws require your personal representative to publish a death notice in your local paper. The death notice serves as a public notice of your estate’s probate and enables people who think they have an interest in your estate (such as creditors) to file a claim against your estate within a specified time period.

The notice is part of the process to make the matters of your estate part of the public record. Some people view the general public’s ability to review your private estate matters as one of probate’s disadvantages.

Inventorying your property

The personal representative must inventory the different types of property — real and personal — that make up your estate so that your estate value can be determined. This inventory is important for a couple of reasons:

1. To make sure you left enough to cover your debts and distributions to beneficiaries: If your estate doesn’t meet the monetary obligations of both your estate creditors and your property transfers to your beneficiaries, it’s subject to abatement statutes, meaning that one or more beneficiaries may receive less than you had wanted or even nothing at all.
2. To ensure that all property is accounted for. Your personal representative is in charge of collecting and inventorying your estate’s assets to make sure that all property is available for distributing at the end of the probate process. (Your beneficiaries, of course, will want to know what assets are in your estate.) If property is missing or not in your ownership at the time of your death, ademption statutes become relevant. These statutes determine if a replacement asset or cash equivalent should replace the missing property intended for your beneficiary.

You should already have a pretty good idea of what your estate is worth so that you can make intelligent choices for your estate plan. Obviously, your personal representative needs to know this information, too. So make sure that your personal representative has easy access to the list that shows what your estate includes and what your assets are worth. Even a slightly out-of-date list can serve as a starting point so that your personal representative doesn’t have to create an inventory from scratch. (The Essentials of Marshalling Estate Assets shows you what your representative will have to do after you pass away.)

Distributing the estate

The final step in the probate process is the distribution of your estate property. In other words, everyone (ideally) — both your creditors and your heirs — gets what’s coming to them.

Creditors that have a valid claim are likely to be paid in the following order (though the order varies from state to state):

1. Estate administration costs (legal advertising, appraisal fees, and so on)
2. Family allowances
3. Funeral expenses
4. Taxes and debt
5. All remaining claims

Whatever’s left after your creditors get their money is distributed to your heirs or to the beneficiaries you named in your will. If you died without a will, the laws in your state determine how your property is distributed.

If probate proceeds according to plan and all notices and communications are properly handled, your personal representative is usually protected against any subsequent, late-arriving claims. Your personal representative will be protected after some specified time period expires.

Some complicating factors to the probate process

Some probate processes can be relatively straightforward, while others can be particularly complicated depending on how complicated an estate is. The following sections describe some of the more common complicating factors about probate that you will likely encounter.

What’s probated where: Differences between states

All states have probate, and all the types of property that make up your estate — real and personal — may be part of your estate’s probate. Tangible and intangible personal property, like your collectibles and your stock portfolio, are probated in the state where you live, but your real estate is probated where the property is actually located. So if you live on a farm in Pennsylvania and also have a vacation condo in Florida, you’ll have two probates.

Probate or not: Differences between types of property

Another common misconception is that probate applies to all of your estate. Actually, probate handles the processing of all assets in your probate estate. Your probate estate is made up of all the property that’s distributed through probate; the remaining property is called nonprobate property.

In a general sense, probate assets are those you own alone, while you own nonprobate assets jointly with others and to whom those assets will pass automatically upon your death. Nonprobate assets also include assets that pass to a named beneficiary: a life insurance policy, for example. Because these nonprobate assets pass to someone automatically, there is no need for probate.

The proven Buenos Aires – Argentina same probate lawyer professionals at the Kier Joffe  law firm have experience working with foreign clients involved in probate cases in Argentina. Buenos Aires Argentina attorney professionals are knowledgeable in all areas of probate law, including but not limited to probate process in Buenos Aires Argentina. International clients will have the confidence of knowing that the case is being handled by an experienced and knowledgeable Buenos Aires probate lawyer in Argentina.

www.kierjoffe.com

UNITED STATES EXTRADITION TREATY WITH ARGENTINA – Lawyer – Attorney – Law Firm – Buenos Aires

UNITED STATES OF AMERICA BILATERAL EXTRADITION TREATIES:

EXTRADITION TREATY WITH ARGENTINA

TREATY DOC. 105-18

1997 U.S.T. LEXIS 94

June 10, 1997, Date-Signed

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE ARGENTINE REPUBLIC, SIGNED AT BUENOS AIRES ON JUNE 10, 1997

TEXT:

105TH CONGRESS

1st Session

SENATE

LETTER OF TRANSMITTAL

THE WHITE HOUSE, July 30, 1997.

To the Senate of the United States:

With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Extradition Treaty between the United States of America and the Argentine Republic, signed at Buenos Aires on June 10, 1997. In addition, I transmit, for the information of the Senate, the report of the Department of State with respect to the Treaty. As the report states, the Treaty will not require implementing legislation.

The provisions in this Treaty follow generally the form and content of extradition treaties recently concluded by the United States. Upon entry into force, this Treaty would enhance cooperation between the law enforcement authorities of both countries, [*2] and thereby make a significant contribution to international law enforcement efforts. The Treaty would supersede the Extradition Treaty Between the United States of America and the Republic of Argentina signed at Washington on January 21, 1972.

I recommend that the Senate give early and favorable consideration to the Treaty and give its advice and consent to ratification.

WILLIAM J. CLINTON.

LETTER OF SUBMITTAL DEPARTMENT OF STATE, Washington, July 9, 1997.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you the Extradition Treaty between the United States of America and the Argentine Republic (the “Treaty”), signed at Buenos Aires on June 10, 1997. I recommend that the Treaty be transmitted to the Senate for its advice and consent to ratification. The Treaty follows closely the form and content of extradition treaties recently concluded by the United States. The Treaty represents part of a concerted effort by the Department of State and the Department of Justice to develop modern extradition relationships to enhance the ability of the United States to prosecute serious offenders, including, especially, narcotics traffickers and terrorists. [*3] The Treaty marks a significant step in bilateral cooperation between the United States anD Argentina. Upon entry into force, it would supersede the extradition treaty currently in force between the two countries, which was signed at Washington on January 21, 1972. That treaty has become outmoded and the new treaty will provide significant improvements. The Treaty can be implemented without new legislation.

Article 1 obligates each Party to extradite to the other, pursuant to the provisions of the Treaty, any person charged with or found guilty of an extraditable offense in the Requesting State.

Article 2(1) defines an extraditable offense as one punishable under the laws in both Parties by deprivation of liberty for a maximum period of more than one year, or by a more severe penalty. Use of such a “dual criminality” clause rather than a list of offenses covered by the Treaty obviates the need to renegotiate or supplement the Treaty as additional offenses become punishable under the laws of both Parties.

Article 2(2) defines an extraditable offense to include also an attempt or a conspiracy to commit, or the participation in the commission of, an extraditable offense. Additional flexibility [*4] is provided by Article 2(3), which provides that an offense shall be considered an extraditable offense: 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 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. With regard to offenses committed outside the territory of the Requesting State, Article 2(4) provides that an offense described in Article 2 shall be an extraditable offense if the offense has effects in the territory of the Requesting State, or if the laws in the Requested State provide for punishment of an offense committed outside its territory in similar circumstances. Article 3 provides that extradition and surrender shall not be refused on the ground that the person sought is a national of the Requested Party. Neither Party, in other words, may invoke nationality as a basis for denying an extradition. [*5] As is customary in extradition treaties, Article 4 incorporates a political offense exception to the obligation to extradite. Article 4(1) states generally that extradition shall not be granted for a political offense. Article 4(2) expressly excludes from the reach of the political offense exception several categories of offenses:

(a) an attack or willful crime against the physical integrity of the Head of State of one of the Parties, or of a member of the Head of State’s family; (b) an offense for which both Parties are obliged pursuant to a multilateral international agreement on genocide, acts of terrorism, illicit trafficking in narcotic drugs and psychotropic substances, or other crimes, to extradite the person sought or submit the case to their competent authorities for decision as to prosecution; and (c) a conspiracy or attempt to commit the offenses described above, or participation in the commission of such offenses.

Article 4(3) provides that extradition shall not be granted if the competent authority of the Requested State determines that the request was politically motivated.

Article 4(4) provides that the Requested State may refuse extradition for offenses under military [*6] law that are not offenses under ordinary criminal law (for example, desertion).

Article 5 bars extradition when the person sought has been convicted or acquitted in the Requested State for the same offense, but does not bar extradition if the competent authorities in the Requested State have declined to prosecute for the acts for which extradition has been requested. In addition, extradition cannot be refused on the ground that the authorities in the Requested State, after initiating criminal proceedings, have decided to discontinue them, so long as the Requested State’s laws regarding double jeopardy would permit the future reinstitution of such criminal proceedings.

Under Article 6, when an offense for which extradition is requested is punishable by death under the laws in the Requesting State and is not so punishable under laws in the Requested State, the Requested State may refuse extradition unless the Requesting State provides assurances that the death penalty will not be imposed or, if imposed, will not be carried out.

Article 7 provides that extradition shall not be denied on the ground that the prosecution or penalty would be barred under the statute of limitations in the [*7] Requested State.

Articles 8-10 address procedures governing the presentation and processing of extradition requests. Article 8 describes the documents that are required to support a request for extradition. Article 9 provides that all documents submitted by the Requesting State shall be translated into the language of the Requested State. Article 10 establishes the procedures under which documents submitted pursuant to Article 8 shall be received and admitted into evidence in the Requested State.

Article 11 sets forth procedures for the provisional arrest and detention of a person sought pending presentation of the formal request for extradition. Article 11(4) provides that if the Requested State’s executive authority has not received the request for extradition and supporting documentation within sixty days after the provisional arrest, the person may be discharged from custody. Article 11(5) provides explicitly that discharge from custody pursuant to Article 11(4) does not prejudice subsequent rearrest and extradition upon later delivery of the extradition request and supporting documents. Article 12 specifies the procedures governing the surrender and return of persons sought. [*8] The Requested State is required to notify promptly the Requesting State of its decision on extradition and, if the request is denied in whole or in part, to provide an explanation of the reasons for the denial of the request. If the request is granted, the Parties shall agree on the time and place for the surrender of the person sought. Such person must be removed from the territory of the Requested State within the time prescribed by the law of the Requested State, or within thirty days from the time of notification by the Requested State of its decision on the request for extradition, whichever is longer. Otherwise, that person may be discharged from custody, and the Requested State may refuse a subsequent extradition request from the Requesting State for that person for the same offense. This Article also provides that if assurances in connection with application of the death penalty are required pursuant to

Article 6, they shall be provided prior to the surrender of the person sought.

Article 13 concerns temporary and deferred surrender. If a person whose extradition is sought

is being prosecuted or is serving a sentence in the Requested State, that State may

temporarily surrender [*9] the person to the Requesting State solely for the purpose of

prosecution. Alternatively, the Requested State may postpone the extradition proceedings

until the domestic prosecution has been concluded and any sentence imposed has been

served.

Article 14 sets forth a non-exclusive list of factors to be considered by the Requested State in

determining to which State to surrender a person sought by more than one State.

Article 15 provides for the seizure and surrender to the Requesting State of property

connected with the offense for which extradition is granted, to the extent permitted under the

law of the Requested State. Such property may be surrendered even when extradition cannot

be effected due to the death, disappearance, or escape of the person sought. Surrender of

property may be deferred if it is needed as evidence in the Requested State and may be

conditioned upon satisfactory assurances that it will be returned. Article 15(3) imposes an

obligation to respect the rights of third Parties in affected property.

Article 16 sets forth the rule of speciality. It provides that a person extradited under the

Treaty may not be detained, tried, or punished in the Requesting State for [*10] an offense

other than that for which extradition has been granted. However, the Article sets forth a

number of exceptions, including the grant of a waiver by the competent authority of the

Requested State. Similarly, the Requesting State may not extradite the person to a third state

for an offense committed prior to the original surrender unless the surrendering State

consents. These restrictions do not apply if the extradited person leaves the Requesting State

after extradition and voluntarily returns to it or fails to leave the Requesting State within

twenty days of being free to do so.

Article 17 permits surrender to the Requesting State without further proceedings if the person

sought directly and expressly consents.

Article 18 governs the transit through the territory of one Party of a person being surrendered

to the other Party by a third State.

Article 19 contains provisions on representation and expenses that are similar to those found

in other modern extradition treaties. Specifically, the Requested State bears the expenses for

the legal representation of the Requesting State in any proceedings arising out of a request for

extradition. The Requesting State shall bear the expenses [*11] related to the translation of

documents and the transportation of the person surrendered. Article 19(3) clarifies that

neither Party shall make any pecuniary claim against the other Party related to the arrest,

detention, examination, custody, or surrender of persons sought under the Treaty.

Article 20 provides that, for the United States of America, the term “competent authority” as

used in the Treaty means the appropriate authorities of its executive branch.

Article 21 states that the Parties may consult with each other directly in connection with the

processing of individual cases and in furtherance of maintaining and improving the

procedures for the implementation of the Treaty.

Article 22, like the parallel provision in almost all recent United States extradition treaties,

states that the Treaty shall apply to offenses committed before as well as after the date the

Treaty enters into force.

Article 23 contains final clauses dealing with the Treaty’s ratification, entry into force and

termination. Paragraph 1 states that the Treaty shall be subject to ratification, and the

instruments of ratification shall be exchanged as soon as possible. Paragraph 2 states that the

Treaty shall [*12] enter into force the day after the date of the exchange of instruments of

ratification. Paragraph 3 provides that, upon entry into force of this Treaty, the Treaty on

Extradition Between the United States of America and the Republic of Argentina, signed at

Washington January 21, 1972, shall cease to be in force, with noted exceptions. Paragraph 4

provides that either Party may terminate the Treaty at any time by giving written notice

through the diplomatic channel to the other Party, and the termination shall be effective six

months after the date of such notice.

A Technical Analysis explaining in detail the provisions of the Treaty is being prepared by

the United States negotiating delegation and will be submitted separately to the Senate

Committee on Foreign Relations.

The Department of Justice joins the Department of State in favoring approval of this Treaty

by the Senate at the earliest possible date.

Respectfully submitted.

THOMAS R. PICKERING.

EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE

ARGENTINE REPUBLIC

The United States of America and the Argentine Republic (hereinafter also, “the Parties”),

Considering the Treaty on Extradition Between the United States [*13] of America and the

Republic of Argentina, signed at Washington January 21, 1972, Desiring to provide for more

effective cooperation between the two States in the suppression of crime, and for that

purpose, to conclude a new extradition treaty, Have agreed as follows:

Article 1

Obligation to Extradite

The Parties agree to extradite to each other, pursuant to the provisions of this Treaty, persons

whom the authorities in the Requesting State have charged with or found guilty of an

extraditable offense.

Article 2

Extraditable Offenses 1. An offense shall be an extraditable offense if it is punishable under

the laws in both Parties by deprivation of liberty for a maximum period of more than one year

or by a more severe penalty. When the request for extradition refers to a person found guilty

of such a crime who is sought for the service of a sentence, extradition shall be granted only

if the remainder of the sentence to be served is at least six months.

2. An offense shall also be an extraditable offense if it consists of:

(a) an attempt to commit any offense described in paragraph 1;

(b) a conspiracy as defined under the laws in the United States of America, or an illicit [*14]

association as defined under the laws in the Argentine Republic, to commit any offense

described in paragraph 1; or

(c) participation in the commission of 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 Parties place the acts or omissions constituting the offense

within the same category of offense or denominate the offense by the same terminology; or

(b) whether or not the offense is one for which the federal laws of the United States of

America require the showing of such elements as interstate transportation, or use of the mails

or of other facilities affecting interstate or foreign commerce, such elements being for the

purpose of establishing jurisdiction in the federal courts of the United States of America.

4. In accordance with the provisions of this Treaty, extradition shall be granted for offenses

committed in whole or in part within the Requesting State’s territory, which, for the purposes

of this Article, includes all places subject to that State’s criminal jurisdiction. Extradition shall

also be granted for offenses committed outside the territory [*15] of the Requesting State if:

(a) the act or acts that constitute the offense have effects in the territory of the Requesting

State; or

(b) the laws in the Requested State provide for punishment of an offense committed outside

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 deprivation of

liberty for one year or less, provided that all other requirements for extradition are met.

Article 3

Nationality

The extradition and surrender of the person sought shall not be refused on the ground that

such person is a national of the Requested Party.

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) an attack or willful crime against the physical integrity of the Head of State of one of the

Parties, or of a member of the Head of State’s family;

(b) an offense for which both Parties have the obligation, [*16] pursuant to a multilateral

international agreement on genocide, acts of terrorism, illicit traffic in narcotic drugs and

psychotropic substances, or other crimes, to extradite the person sought or to submit the case

to their competent authorities for decision as to prosecution;

(c) an attempt to commit any offense described in subparagraphs (a) and (b) above;

(d) a conspiracy as defined under the laws in the United States of America, or illicit

association as defined under the laws in the Argentine Republic, to commit an offense

described in subparagraphs (a) and (b) above; or

(e) participation in the commission of any offense described in subparagraphs (a) and (b)

above.

3. Notwithstanding the terms of paragraph 2 of this Article, extradition shall not be granted if

the competent authority of the Requested State determines that the request was politically

motivated.

4. The Requested State may refuse extradition for offenses under military law that 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 [*17] is requested.

2. If both Parties have jurisdiction over the acts for which extradition has been requested,

extradition shall not be precluded by the fact that authorities in the Requested State have not

instituted criminal proceedings against the person sought for those acts. In addition,

extradition shall not be precluded by the fact that such criminal proceedings, although

instituted, have been discontinued, provided that the laws of the Requested State regarding

double jeopardy would permit the future reinstitution of such criminal proceedings.

Article 6

Death Penalty

When the offense for which extradition is requested is punishable by death under the laws in

the Requesting State, and the laws in the Requested State do not permit the death penalty for

that offense, surrender of the person sought may be refused unless the Requesting State

provides assurances that the death penalty shall not be imposed, or, if imposed, shall not be

executed.

Article 7

Lapse of Time

Extradition shall not be denied on the ground that the prosecution or the penalty would be

barred under the statute of limitations in the Requested State.

Article 8

Extradition Procedures and Required Documents

1. [*18] A request for extradition shall be made in writing and submitted through the

diplomatic channel.

2. A request for extradition shall be supported by:

(a) the most precise physical description possible of the person sought; any known

information regarding the person’s identity, nationality, and probable location; and, if

possible, a photograph and fingerprints of such person;

(b) a summary of the facts of the offense, and a brief explanation of the procedural history of

the case;

(c) the text of the law or laws describing the offense for which extradition is requested and

the applicable penalty;

(d) a statement that neither the prosecution nor the execution of the penalty is barred

according to the prescriptive laws in the Requesting State; and

(e) the documents, statements, or other types of information specified in either paragraph 3 or

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 of arrest issued by an appropriate authority;

(b) a copy of the charging document, if any, against the person sought; and

(c) such information as would justify the detention [*19] of the person if the offense had been

committed in the Requested State.

4. In addition to the requirements of paragraph 2, a request for the extradition of a person

who has been found guilty of or sentenced for 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; and

(c) a copy of the document setting forth the sentence imposed, if the person sought has been

sentenced, and a statement establishing the extent to which the sentence has been carried out.

Article 9

Translation

All documents submitted by the Requesting State pursuant to this Treaty shall be

accompanied by a translation into the language of the Requested State.

Article 10

Admissibility of Documents

The documents that accompany an extradition request, including appropriate translations,

shall be received and admitted as evidence in extradition proceedings if:

(a) the documents are certified or authenticated by the appropriate accredited [*20]

diplomatic or consular officer of the Requested State in the Requesting State; or

(b) the documents are certified or authenticated in any other manner accepted by the laws in

the Requested State.

Article 11

Provisional Arrest

1. In case of urgency, either of the Parties may request the provisional arrest of the person

sought. A request for provisional arrest may be transmitted by any written means through the

diplomatic channel or directly between the United States Department of Justice and the

Ministry of Foreign Relations, Foreign Trade, and Worship of the Argentine Republic.

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 citation to the law or laws that set forth the offense;

(e) a statement of the existence of a warrant of arrest, or of a finding of guilt or judgment of

conviction, against the person sought;

(f) an explanation of the reasons for the urgency of the request; and

(g) a statement that a request for extradition of the person sought, [*21] with the appropriate

supporting documentation, will be presented.

3. The Requested State shall notify the Requesting State without delay of the disposition of

an application for provisional arrest.

4. A person who is detained pursuant to this Article may be discharged from custody upon

the expiration of sixty (60) calendar days from the date of such provisional arrest if the

executive authority of the Requested State has not received the 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 be an obstacle to the rearrest and extradition of that person if an

extradition request is received at a later date.

Article 12

Decision on Extradition and Surrender of the Person Sought

1. The Requested State shall promptly notify the Requesting State of its decision on the

request for extradition.

2. 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.

3. If assurances are required pursuant [*22] to Article 6 of this Treaty, they shall be provided

prior to the surrender of the person sought.

4. If extradition is granted, the Parties shall agree on the time and place for the surrender of

the person sought. If the person sought is not removed from the territory of the Requested

State within thirty (30) calendar days from the time of the notification described in paragraph

1 of this Article or within the time prescribed by the law of that State, whichever is longer,

that person may be discharged from custody, and the Requested State may refuse a

subsequent extradition request from the Requesting State for that person for the same offense.

Article 13

Temporary and Deferred Surrenders

1. If extradition is granted in the case of a person who is being proceeded against or is serving

a sentence in the Requested State, such 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, or when his or her presence is no longer

required under the laws in the Requesting [*23] State. Temporary surrender shall be effected

in accordance with conditions to be determined by agreement of the Parties.

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.

3. For the purposes of this Treaty, the postponement by the Requested State of the extradition

proceedings or of the surrender shall suspend the running of the statute of limitations in the

judicial proceedings in the Requesting State for the offense or offenses that gave rise to the

extradition request.

Article 14

Concurrent Requests

If one of the Parties receives requests from the other Party and from any other State or States

for the extradition of the same person, either for the same offense or for different offenses,

the competent 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 or not the requests [*24] were made pursuant to treaty;

(b) the place where each offense was committed;

(c) the gravity of the offenses;

(d) the respective interests of the Requesting States;

(e) the possibility of further extradition between the Requesting States; and

(f) the chronological order in which the requests were received from the Requesting States.

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. Such items 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 that State.

3. The rights of third parties in such property shall be duly respected.

Article 16

Rule of Speciality

1. A person extradited [*25] under this Treaty may not be detained, tried, or punished in the

Requesting State except for:

(a) the offense for which extradition was granted or a differently denominated or less serious

offense based on the same facts on which extradition was granted, provided such offense is

extraditable;

(b) an offense committed by that person after his or her surrender; or

(c) an offense for which the competent authority of the Requested State consents to the

person’s detention, trial, or punishment. For the purposes of this subparagraph:

(i) the Requested State may require the submission of the documents specified in Article 8;

and

(ii) the person extradited may be detained by the Requesting State for ninety (90) calendar

days, or for such longer period of time as the Requested State may authorize, while the

request for consent 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 or her 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 of that person to [*26] a third State, if that person:

(a) leaves the territory of the Requesting State after extradition and voluntarily returns to it;

or

(b) does not leave the territory of the Requesting State within twenty (20) calendar days of

the day on which that person is free to leave.

Article 17

Waiver of Extradition

1. 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.

2. Such consent shall be directly and expressly provided to the appropriate judicial authority

of the Requested State.

Article 18

Transit

1. Either Party may authorize transportation through its territory of a person surrendered to

the other Party by a third State. In cases of scheduled transit, such authorization shall be

requested by the Party to which the person is being extradited. A request for transit may be

transmitted through the diplomatic channel. Alternatively, such request may be transmitted

directly between the United States Department of Justice and the Ministry of Foreign Affairs,

Foreign Trade, and Worship of the Argentine Republic, or through the facilities of the

International Criminal [*27] Police Organization (INTERPOL). The request for transit 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 if a Party is transporting a person surrendered to it by a third

State using air transportation and no landing is scheduled on the territory of the other Party. If

an unscheduled landing occurs on the territory of a Party, that Party may require from the

other Party the submission of a request for transit as provided in paragraph 1. If required, any

such request for transit shall be provided within ninety-six (96) hours of the unscheduled

landing. The Party in which the unscheduled landing occurred may detain the person to be

transported until the transit is effected.

Article 19

Representation and Expenses

1. The Requested State shall advise, assist, appear in court on behalf of, and represent the

interests of, the Requesting State in any proceedings related to a request for extradition. The

representative appointed by the Requested State shall be legally authorized to act in those

proceedings.

2. The Requesting [*28] State shall bear the expenses related to the translation of documents

and the transportation to that State of the person surrendered. The Requested State shall pay

all other expenses incurred in that State by reason of the extradition proceedings.

3. Neither Party shall make any pecuniary claim against the other Party related to the arrest,

detention, custody, examination, or surrender of persons sought under this Treaty.

Article 20

Competent Authority

For the United States of America, the term “competent authority,” as used in this Treaty,

means the appropriate authorities of its executive branch.

Article 21

Consultation

The Parties 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 22

Application

This Treaty shall apply to offenses committed before as well as after the date it enters into

force.

Article 23

Ratification, Entry into Force, and Termination

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 the day after the date [*29] of exchange of the

instruments of ratification.

3. Upon the entry into force of this Treaty, the Treaty on Extradition Between the United

States of America and the Republic of Argentina, signed at Washington January 21, 1972,

shall cease to be in force. 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 before this Treaty enters into force. Article 17 of this Treaty, however,

shall be applicable to such proceedings. Similarly, Article 16 of this Treaty shall apply to

persons found extraditable under the prior Treaty.

4. Either Party may terminate this Treaty by giving written notice to the other Party through

the diplomatic channel, 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 Buenos Aires, in two originals, this 10th day of June, 1997, in the English and

Spanish languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE ARGENTINE [*30] REPUBLIC:

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