UNITED STATES OF AMERICA BILATERAL EXTRADITION TREATIES:<\/p>\n
EXTRADITION TREATY WITH ARGENTINA<\/p>\n
TREATY DOC. 105-18<\/p>\n
1997 U.S.T. LEXIS 94<\/p>\n
June 10, 1997, Date-Signed<\/p>\n
MESSAGE FROM THE PRESIDENT OF THE UNITED STATES\u00a0TRANSMITTING EXTRADITION TREATY BETWEEN THE UNITED STATES OF\u00a0AMERICA AND THE ARGENTINE REPUBLIC, SIGNED AT BUENOS AIRES ON\u00a0JUNE 10, 1997<\/p>\n
TEXT:<\/p>\n
105TH CONGRESS<\/p>\n
1st Session<\/p>\n
SENATE<\/p>\n
LETTER OF TRANSMITTAL<\/p>\n
THE WHITE HOUSE, July 30, 1997.<\/p>\n
To the Senate of the United States:<\/p>\n
With a view to receiving the advice and consent of the Senate to ratification, I transmit\u00a0herewith the Extradition Treaty between the United States of America and the Argentine\u00a0Republic, signed at Buenos Aires on June 10, 1997.\u00a0In addition, I transmit, for the information of the Senate, the report of the Department of State\u00a0with respect to the Treaty. As the report states, the Treaty will not require implementing\u00a0legislation.<\/p>\n
The provisions in this Treaty follow generally the form and content of extradition treaties\u00a0recently concluded by the United States.\u00a0Upon entry into force, this Treaty would enhance cooperation between the law enforcement\u00a0authorities of both countries, [*2] and thereby make a significant contribution to international\u00a0law enforcement efforts. The Treaty would supersede the Extradition Treaty Between the\u00a0United States of America and the Republic of Argentina signed at Washington on January 21,\u00a01972.<\/p>\n
I recommend that the Senate give early and favorable consideration to the Treaty and give its\u00a0advice and consent to ratification.<\/p>\n
WILLIAM J. CLINTON.<\/p>\n
LETTER OF SUBMITTAL\u00a0DEPARTMENT OF STATE,\u00a0Washington, July 9, 1997.<\/p>\n
The PRESIDENT,<\/p>\n
The White House.<\/p>\n
THE PRESIDENT: I have the honor to submit to you the Extradition Treaty between the\u00a0United States of America and the Argentine Republic (the “Treaty”), signed at Buenos Aires\u00a0on June 10, 1997. I recommend that the Treaty be transmitted to the Senate for its advice and\u00a0consent to ratification. The Treaty follows closely the form and content of extradition treaties\u00a0recently concluded by the United States. The Treaty represents part of a concerted effort by\u00a0the Department of State and the Department of Justice to develop modern extradition\u00a0relationships to enhance the ability of the United States to prosecute serious offenders,\u00a0including, especially, narcotics traffickers and terrorists. [*3]\u00a0The Treaty marks a significant step in bilateral cooperation between the United States anD\u00a0Argentina. Upon entry into force, it would supersede the extradition treaty currently in force\u00a0between the two countries, which was signed at Washington on January 21, 1972. That treaty\u00a0has become outmoded and the new treaty will provide significant improvements. The Treaty\u00a0can be implemented without new legislation.<\/p>\n
Article 1 obligates each Party to extradite to the other, pursuant to the provisions of the\u00a0Treaty, any person charged with or found guilty of an extraditable offense in the Requesting\u00a0State.<\/p>\n
Article 2(1) defines an extraditable offense as one punishable under the laws in both Parties\u00a0by deprivation of liberty for a maximum period of more than one year, or by a more severe\u00a0penalty. Use of such a “dual criminality” clause rather than a list of offenses covered by the\u00a0Treaty obviates the need to renegotiate or supplement the Treaty as additional offenses\u00a0become punishable under the laws of both Parties.<\/p>\n
Article 2(2) defines an extraditable offense to include also an attempt or a conspiracy to\u00a0commit, or the participation in the commission of, an extraditable offense.\u00a0Additional flexibility [*4] is provided by Article 2(3), which provides that an offense shall be\u00a0considered an extraditable offense: whether or not the laws in the Contracting States place the\u00a0offense within the same category of offenses or describe the offense by the same\u00a0terminology; or whether or not the offense is one for which United States federal law requires\u00a0the showing of such matters as interstate transportation or use of the mails or of other\u00a0facilities affecting interstate or foreign commerce, such matters being merely for the purpose\u00a0of establishing jurisdiction in a United States federal court.\u00a0With regard to offenses committed outside the territory of the Requesting State, Article 2(4)\u00a0provides that an offense described in Article 2 shall be an extraditable offense if the offense\u00a0has effects in the territory of the Requesting State, or if the laws in the Requested State\u00a0provide for punishment of an offense committed outside its territory in similar circumstances.\u00a0Article 3 provides that extradition and surrender shall not be refused on the ground that the\u00a0person sought is a national of the Requested Party. Neither Party, in other words, may invoke\u00a0nationality as a basis for denying an extradition. [*5]\u00a0As is customary in extradition treaties, Article 4 incorporates a political offense exception to\u00a0the obligation to extradite. Article 4(1) states generally that extradition shall not be granted\u00a0for a political offense. Article 4(2) expressly excludes from the reach of the political offense\u00a0exception several categories of offenses:<\/p>\n
(a) an attack or willful crime against the physical integrity of the Head of State of one of the\u00a0Parties, or of a member of the Head of State’s family;\u00a0(b) an offense for which both Parties are obliged pursuant to a multilateral international\u00a0agreement on genocide, acts of terrorism, illicit trafficking in narcotic drugs and psychotropic\u00a0substances, or other crimes, to extradite the person sought or submit the case to their\u00a0competent authorities for decision as to prosecution; and\u00a0(c) a conspiracy or attempt to commit the offenses described above, or participation in the\u00a0commission of such offenses.<\/p>\n
Article 4(3) provides that extradition shall not be granted if the competent authority of the\u00a0Requested State determines that the request was politically motivated.<\/p>\n
Article 4(4) provides that the Requested State may refuse extradition for offenses under\u00a0military [*6] law that are not offenses under ordinary criminal law (for example, desertion).<\/p>\n
Article 5 bars extradition when the person sought has been convicted or acquitted in the\u00a0Requested State for the same offense, but does not bar extradition if the competent authorities\u00a0in the Requested State have declined to prosecute for the acts for which extradition has been\u00a0requested. In addition, extradition cannot be refused on the ground that the authorities in the\u00a0Requested State, after initiating criminal proceedings, have decided to discontinue them, so\u00a0long as the Requested State’s laws regarding double jeopardy would permit the future\u00a0reinstitution of such criminal proceedings.<\/p>\n
Under Article 6, when an offense for which extradition is requested is punishable by death\u00a0under the laws in the Requesting State and is not so punishable under laws in the Requested\u00a0State, the Requested State may refuse extradition unless the Requesting State provides\u00a0assurances that the death penalty will not be imposed or, if imposed, will not be carried out.<\/p>\n
Article 7 provides that extradition shall not be denied on the ground that the prosecution or\u00a0penalty would be barred under the statute of limitations in the [*7] Requested State.<\/p>\n
Articles 8-10 address procedures governing the presentation and processing of extradition\u00a0requests. Article 8 describes the documents that are required to support a request for\u00a0extradition. Article 9 provides that all documents submitted by the Requesting State shall be\u00a0translated into the language of the Requested State. Article 10 establishes the procedures\u00a0under which documents submitted pursuant to Article 8 shall be received and admitted into\u00a0evidence in the Requested State.<\/p>\n
Article 11 sets forth procedures for the provisional arrest and detention of a person sought\u00a0pending presentation of the formal request for extradition. Article 11(4) provides that if the\u00a0Requested State’s executive authority has not received the request for extradition and\u00a0supporting documentation within sixty days after the provisional arrest, the person may be\u00a0discharged from custody. Article 11(5) provides explicitly that discharge from custody\u00a0pursuant to Article 11(4) does not prejudice subsequent rearrest and extradition upon later\u00a0delivery of the extradition request and supporting documents.\u00a0Article 12 specifies the procedures governing the surrender and return of persons sought. [*8]\u00a0The Requested State is required to notify promptly the Requesting State of its decision on\u00a0extradition and, if the request is denied in whole or in part, to provide an explanation of the\u00a0reasons for the denial of the request. If the request is granted, the Parties shall agree on the\u00a0time and place for the surrender of the person sought. Such person must be removed from the\u00a0territory of the Requested State within the time prescribed by the law of the Requested State,\u00a0or within thirty days from the time of notification by the Requested State of its decision on\u00a0the request for extradition, whichever is longer. Otherwise, that person may be discharged\u00a0from custody, and the Requested State may refuse a subsequent extradition request from the\u00a0Requesting State for that person for the same offense. This Article also provides that if\u00a0assurances in connection with application of the death penalty are required pursuant to<\/p>\n
Article 6, they shall be provided prior to the surrender of the person sought.<\/p>\n
Article 13 concerns temporary and deferred surrender. If a person whose extradition is sought<\/p>\n
is being prosecuted or is serving a sentence in the Requested State, that State may<\/p>\n
temporarily surrender [*9] the person to the Requesting State solely for the purpose of<\/p>\n
prosecution. Alternatively, the Requested State may postpone the extradition proceedings<\/p>\n
until the domestic prosecution has been concluded and any sentence imposed has been<\/p>\n
served.<\/p>\n
Article 14 sets forth a non-exclusive list of factors to be considered by the Requested State in<\/p>\n
determining to which State to surrender a person sought by more than one State.<\/p>\n
Article 15 provides for the seizure and surrender to the Requesting State of property<\/p>\n
connected with the offense for which extradition is granted, to the extent permitted under the<\/p>\n
law of the Requested State. Such property may be surrendered even when extradition cannot<\/p>\n
be effected due to the death, disappearance, or escape of the person sought. Surrender of<\/p>\n
property may be deferred if it is needed as evidence in the Requested State and may be<\/p>\n
conditioned upon satisfactory assurances that it will be returned. Article 15(3) imposes an<\/p>\n
obligation to respect the rights of third Parties in affected property.<\/p>\n
Article 16 sets forth the rule of speciality. It provides that a person extradited under the<\/p>\n
Treaty may not be detained, tried, or punished in the Requesting State for [*10] an offense<\/p>\n
other than that for which extradition has been granted. However, the Article sets forth a<\/p>\n
number of exceptions, including the grant of a waiver by the competent authority of the<\/p>\n
Requested State. Similarly, the Requesting State may not extradite the person to a third state<\/p>\n
for an offense committed prior to the original surrender unless the surrendering State<\/p>\n
consents. These restrictions do not apply if the extradited person leaves the Requesting State<\/p>\n
after extradition and voluntarily returns to it or fails to leave the Requesting State within<\/p>\n
twenty days of being free to do so.<\/p>\n
Article 17 permits surrender to the Requesting State without further proceedings if the person<\/p>\n
sought directly and expressly consents.<\/p>\n
Article 18 governs the transit through the territory of one Party of a person being surrendered<\/p>\n
to the other Party by a third State.<\/p>\n
Article 19 contains provisions on representation and expenses that are similar to those found<\/p>\n
in other modern extradition treaties. Specifically, the Requested State bears the expenses for<\/p>\n
the legal representation of the Requesting State in any proceedings arising out of a request for<\/p>\n
extradition. The Requesting State shall bear the expenses [*11] related to the translation of<\/p>\n
documents and the transportation of the person surrendered. Article 19(3) clarifies that<\/p>\n
neither Party shall make any pecuniary claim against the other Party related to the arrest,<\/p>\n
detention, examination, custody, or surrender of persons sought under the Treaty.<\/p>\n
Article 20 provides that, for the United States of America, the term “competent authority” as<\/p>\n
used in the Treaty means the appropriate authorities of its executive branch.<\/p>\n
Article 21 states that the Parties may consult with each other directly in connection with the<\/p>\n
processing of individual cases and in furtherance of maintaining and improving the<\/p>\n
procedures for the implementation of the Treaty.<\/p>\n
Article 22, like the parallel provision in almost all recent United States extradition treaties,<\/p>\n
states that the Treaty shall apply to offenses committed before as well as after the date the<\/p>\n
Treaty enters into force.<\/p>\n
Article 23 contains final clauses dealing with the Treaty’s ratification, entry into force and<\/p>\n
termination. Paragraph 1 states that the Treaty shall be subject to ratification, and the<\/p>\n
instruments of ratification shall be exchanged as soon as possible. Paragraph 2 states that the<\/p>\n
Treaty shall [*12] enter into force the day after the date of the exchange of instruments of<\/p>\n
ratification. Paragraph 3 provides that, upon entry into force of this Treaty, the Treaty on<\/p>\n
Extradition Between the United States of America and the Republic of Argentina, signed at<\/p>\n
Washington January 21, 1972, shall cease to be in force, with noted exceptions. Paragraph 4<\/p>\n
provides that either Party may terminate the Treaty at any time by giving written notice<\/p>\n
through the diplomatic channel to the other Party, and the termination shall be effective six<\/p>\n
months after the date of such notice.<\/p>\n
A Technical Analysis explaining in detail the provisions of the Treaty is being prepared by<\/p>\n
the United States negotiating delegation and will be submitted separately to the Senate<\/p>\n
Committee on Foreign Relations.<\/p>\n
The Department of Justice joins the Department of State in favoring approval of this Treaty<\/p>\n
by the Senate at the earliest possible date.<\/p>\n
Respectfully submitted.<\/p>\n
THOMAS R. PICKERING.<\/p>\n
EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE<\/p>\n
ARGENTINE REPUBLIC<\/p>\n
The United States of America and the Argentine Republic (hereinafter also, “the Parties”),<\/p>\n
Considering the Treaty on Extradition Between the United States [*13] of America and the<\/p>\n
Republic of Argentina, signed at Washington January 21, 1972, Desiring to provide for more<\/p>\n
effective cooperation between the two States in the suppression of crime, and for that<\/p>\n
purpose, to conclude a new extradition treaty, Have agreed as follows:<\/p>\n
Article 1<\/p>\n
Obligation to Extradite<\/p>\n
The Parties agree to extradite to each other, pursuant to the provisions of this Treaty, persons<\/p>\n
whom the authorities in the Requesting State have charged with or found guilty of an<\/p>\n
extraditable offense.<\/p>\n
Article 2<\/p>\n
Extraditable Offenses 1. An offense shall be an extraditable offense if it is punishable under<\/p>\n
the laws in both Parties by deprivation of liberty for a maximum period of more than one year<\/p>\n
or by a more severe penalty. When the request for extradition refers to a person found guilty<\/p>\n
of such a crime who is sought for the service of a sentence, extradition shall be granted only<\/p>\n
if the remainder of the sentence to be served is at least six months.<\/p>\n
2. An offense shall also be an extraditable offense if it consists of:<\/p>\n
(a) an attempt to commit any offense described in paragraph 1;<\/p>\n
(b) a conspiracy as defined under the laws in the United States of America, or an illicit [*14]<\/p>\n
association as defined under the laws in the Argentine Republic, to commit any offense<\/p>\n
described in paragraph 1; or<\/p>\n
(c) participation in the commission of any offense described in paragraph 1.<\/p>\n
3. For the purposes of this Article, an offense shall be an extraditable offense:<\/p>\n
(a) whether or not the laws in the Parties place the acts or omissions constituting the offense<\/p>\n
within the same category of offense or denominate the offense by the same terminology; or<\/p>\n
(b) whether or not the offense is one for which the federal laws of the United States of<\/p>\n
America require the showing of such elements as interstate transportation, or use of the mails<\/p>\n
or of other facilities affecting interstate or foreign commerce, such elements being for the<\/p>\n
purpose of establishing jurisdiction in the federal courts of the United States of America.<\/p>\n
4. In accordance with the provisions of this Treaty, extradition shall be granted for offenses<\/p>\n
committed in whole or in part within the Requesting State’s territory, which, for the purposes<\/p>\n
of this Article, includes all places subject to that State’s criminal jurisdiction. Extradition shall<\/p>\n
also be granted for offenses committed outside the territory [*15] of the Requesting State if:<\/p>\n
(a) the act or acts that constitute the offense have effects in the territory of the Requesting<\/p>\n
State; or<\/p>\n
(b) the laws in the Requested State provide for punishment of an offense committed outside<\/p>\n
its territory in similar circumstances.<\/p>\n
5. If extradition has been granted for an extraditable offense, it shall also be granted for any<\/p>\n
other offense specified in the request even if the latter offense is punishable by deprivation of<\/p>\n
liberty for one year or less, provided that all other requirements for extradition are met.<\/p>\n
Article 3<\/p>\n
Nationality<\/p>\n
The extradition and surrender of the person sought shall not be refused on the ground that<\/p>\n
such person is a national of the Requested Party.<\/p>\n
Article 4<\/p>\n
Political and Military Offenses<\/p>\n
1. Extradition shall not be granted if the offense for which extradition is requested is a<\/p>\n
political offense.<\/p>\n
2. For the purposes of this Treaty, the following offenses shall not be considered to be<\/p>\n
political offenses:<\/p>\n
(a) an attack or willful crime against the physical integrity of the Head of State of one of the<\/p>\n
Parties, or of a member of the Head of State’s family;<\/p>\n
(b) an offense for which both Parties have the obligation, [*16] pursuant to a multilateral<\/p>\n
international agreement on genocide, acts of terrorism, illicit traffic in narcotic drugs and<\/p>\n
psychotropic substances, or other crimes, to extradite the person sought or to submit the case<\/p>\n
to their competent authorities for decision as to prosecution;<\/p>\n
(c) an attempt to commit any offense described in subparagraphs (a) and (b) above;<\/p>\n
(d) a conspiracy as defined under the laws in the United States of America, or illicit<\/p>\n
association as defined under the laws in the Argentine Republic, to commit an offense<\/p>\n
described in subparagraphs (a) and (b) above; or<\/p>\n
(e) participation in the commission of any offense described in subparagraphs (a) and (b)<\/p>\n
above.<\/p>\n
3. Notwithstanding the terms of paragraph 2 of this Article, extradition shall not be granted if<\/p>\n
the competent authority of the Requested State determines that the request was politically<\/p>\n
motivated.<\/p>\n
4. The Requested State may refuse extradition for offenses under military law that are not<\/p>\n
offenses under ordinary criminal law.<\/p>\n
Article 5<\/p>\n
Prior Prosecution<\/p>\n
1. Extradition shall not be granted when the person sought has been convicted or acquitted in<\/p>\n
the Requested State for the offense for which extradition [*17] is requested.<\/p>\n
2. If both Parties have jurisdiction over the acts for which extradition has been requested,<\/p>\n
extradition shall not be precluded by the fact that authorities in the Requested State have not<\/p>\n
instituted criminal proceedings against the person sought for those acts. In addition,<\/p>\n
extradition shall not be precluded by the fact that such criminal proceedings, although<\/p>\n
instituted, have been discontinued, provided that the laws of the Requested State regarding<\/p>\n
double jeopardy would permit the future reinstitution of such criminal proceedings.<\/p>\n
Article 6<\/p>\n
Death Penalty<\/p>\n
When the offense for which extradition is requested is punishable by death under the laws in<\/p>\n
the Requesting State, and the laws in the Requested State do not permit the death penalty for<\/p>\n
that offense, surrender of the person sought may be refused unless the Requesting State<\/p>\n
provides assurances that the death penalty shall not be imposed, or, if imposed, shall not be<\/p>\n
executed.<\/p>\n
Article 7<\/p>\n
Lapse of Time<\/p>\n
Extradition shall not be denied on the ground that the prosecution or the penalty would be<\/p>\n
barred under the statute of limitations in the Requested State.<\/p>\n
Article 8<\/p>\n
Extradition Procedures and Required Documents<\/p>\n
1. [*18] A request for extradition shall be made in writing and submitted through the<\/p>\n
diplomatic channel.<\/p>\n
2. A request for extradition shall be supported by:<\/p>\n
(a) the most precise physical description possible of the person sought; any known<\/p>\n
information regarding the person’s identity, nationality, and probable location; and, if<\/p>\n
possible, a photograph and fingerprints of such person;<\/p>\n
(b) a summary of the facts of the offense, and a brief explanation of the procedural history of<\/p>\n
the case;<\/p>\n
(c) the text of the law or laws describing the offense for which extradition is requested and<\/p>\n
the applicable penalty;<\/p>\n
(d) a statement that neither the prosecution nor the execution of the penalty is barred<\/p>\n
according to the prescriptive laws in the Requesting State; and<\/p>\n
(e) the documents, statements, or other types of information specified in either paragraph 3 or<\/p>\n
4 of this Article, as applicable.<\/p>\n
3. A request for extradition of a person who is sought for prosecution shall also be supported<\/p>\n
by:<\/p>\n
(a) a copy of the warrant of arrest issued by an appropriate authority;<\/p>\n
(b) a copy of the charging document, if any, against the person sought; and<\/p>\n
(c) such information as would justify the detention [*19] of the person if the offense had been<\/p>\n
committed in the Requested State.<\/p>\n
4. In addition to the requirements of paragraph 2, a request for the extradition of a person<\/p>\n
who has been found guilty of or sentenced for the offense for which extradition is sought<\/p>\n
shall also be supported by:<\/p>\n
(a) a copy of the judgment of conviction or, if such copy is not available, a statement by a<\/p>\n
judicial authority that the person has been found guilty;<\/p>\n
(b) information establishing that the person sought is the person to whom the finding of guilt<\/p>\n
refers; and<\/p>\n
(c) a copy of the document setting forth the sentence imposed, if the person sought has been<\/p>\n
sentenced, and a statement establishing the extent to which the sentence has been carried out.<\/p>\n
Article 9<\/p>\n
Translation<\/p>\n
All documents submitted by the Requesting State pursuant to this Treaty shall be<\/p>\n
accompanied by a translation into the language of the Requested State.<\/p>\n
Article 10<\/p>\n
Admissibility of Documents<\/p>\n
The documents that accompany an extradition request, including appropriate translations,<\/p>\n
shall be received and admitted as evidence in extradition proceedings if:<\/p>\n
(a) the documents are certified or authenticated by the appropriate accredited [*20]<\/p>\n
diplomatic or consular officer of the Requested State in the Requesting State; or<\/p>\n
(b) the documents are certified or authenticated in any other manner accepted by the laws in<\/p>\n
the Requested State.<\/p>\n
Article 11<\/p>\n
Provisional Arrest<\/p>\n
1. In case of urgency, either of the Parties may request the provisional arrest of the person<\/p>\n
sought. A request for provisional arrest may be transmitted by any written means through the<\/p>\n
diplomatic channel or directly between the United States Department of Justice and the<\/p>\n
Ministry of Foreign Relations, Foreign Trade, and Worship of the Argentine Republic.<\/p>\n
2. The application for provisional arrest shall contain:<\/p>\n
(a) a description of the person sought;<\/p>\n
(b) the location of the person sought, if known;<\/p>\n
(c) a brief statement of the facts of the case, including, if possible, the time and location of<\/p>\n
the offense;<\/p>\n
(d) a citation to the law or laws that set forth the offense;<\/p>\n
(e) a statement of the existence of a warrant of arrest, or of a finding of guilt or judgment of<\/p>\n
conviction, against the person sought;<\/p>\n
(f) an explanation of the reasons for the urgency of the request; and<\/p>\n
(g) a statement that a request for extradition of the person sought, [*21] with the appropriate<\/p>\n
supporting documentation, will be presented.<\/p>\n
3. The Requested State shall notify the Requesting State without delay of the disposition of<\/p>\n
an application for provisional arrest.<\/p>\n
4. A person who is detained pursuant to this Article may be discharged from custody upon<\/p>\n
the expiration of sixty (60) calendar days from the date of such provisional arrest if the<\/p>\n
executive authority of the Requested State has not received the request for extradition and the<\/p>\n
supporting documents required in Article 8.<\/p>\n
5. The fact that the person sought has been discharged from custody pursuant to paragraph 4<\/p>\n
of this Article shall not be an obstacle to the rearrest and extradition of that person if an<\/p>\n
extradition request is received at a later date.<\/p>\n
Article 12<\/p>\n
Decision on Extradition and Surrender of the Person Sought<\/p>\n
1. The Requested State shall promptly notify the Requesting State of its decision on the<\/p>\n
request for extradition.<\/p>\n
2. If the request is denied in whole or in part, the Requested State shall provide an<\/p>\n
explanation of the reasons for the denial. The Requested State shall provide copies of<\/p>\n
pertinent judicial decisions upon request.<\/p>\n
3. If assurances are required pursuant [*22] to Article 6 of this Treaty, they shall be provided<\/p>\n
prior to the surrender of the person sought.<\/p>\n
4. If extradition is granted, the Parties shall agree on the time and place for the surrender of<\/p>\n
the person sought. If the person sought is not removed from the territory of the Requested<\/p>\n
State within thirty (30) calendar days from the time of the notification described in paragraph<\/p>\n
1 of this Article or within the time prescribed by the law of that State, whichever is longer,<\/p>\n
that person may be discharged from custody, and the Requested State may refuse a<\/p>\n
subsequent extradition request from the Requesting State for that person for the same offense.<\/p>\n
Article 13<\/p>\n
Temporary and Deferred Surrenders<\/p>\n
1. If extradition is granted in the case of a person who is being proceeded against or is serving<\/p>\n
a sentence in the Requested State, such State may temporarily surrender the person sought to<\/p>\n
the Requesting State for the purpose of prosecution. The person so surrendered shall be kept<\/p>\n
in custody in the Requesting State and shall be returned to the Requested State after the<\/p>\n
conclusion of the proceedings against that person, or when his or her presence is no longer<\/p>\n
required under the laws in the Requesting [*23] State. Temporary surrender shall be effected<\/p>\n
in accordance with conditions to be determined by agreement of the Parties.<\/p>\n
2. The Requested State may postpone the extradition proceedings against a person who is<\/p>\n
being prosecuted or who is serving a sentence in that State. The postponement may continue<\/p>\n
until the prosecution of the person sought has been concluded or until such person has served<\/p>\n
any sentence imposed.<\/p>\n
3. For the purposes of this Treaty, the postponement by the Requested State of the extradition<\/p>\n
proceedings or of the surrender shall suspend the running of the statute of limitations in the<\/p>\n
judicial proceedings in the Requesting State for the offense or offenses that gave rise to the<\/p>\n
extradition request.<\/p>\n
Article 14<\/p>\n
Concurrent Requests<\/p>\n
If one of the Parties receives requests from the other Party and from any other State or States<\/p>\n
for the extradition of the same person, either for the same offense or for different offenses,<\/p>\n
the competent authority of the Requested State shall determine to which State it will<\/p>\n
surrender the person. In making its decision, the Requested State shall consider all relevant<\/p>\n
factors, including but not limited to:<\/p>\n
(a) whether or not the requests [*24] were made pursuant to treaty;<\/p>\n
(b) the place where each offense was committed;<\/p>\n
(c) the gravity of the offenses;<\/p>\n
(d) the respective interests of the Requesting States;<\/p>\n
(e) the possibility of further extradition between the Requesting States; and<\/p>\n
(f) the chronological order in which the requests were received from the Requesting States.<\/p>\n
Article 15<\/p>\n
Seizure and Surrender of Property<\/p>\n
1. To the extent permitted under its law, the Requested State may seize and surrender to the<\/p>\n
Requesting State all articles, documents, and evidence connected with the offense in respect<\/p>\n
of which extradition is granted. Such items may be surrendered even when the extradition<\/p>\n
cannot be effected due to the death, disappearance, or escape of the person sought.<\/p>\n
2. The Requested State may condition the surrender of the property upon satisfactory<\/p>\n
assurances from the Requesting State that the property will be returned to the Requested State<\/p>\n
as soon as practicable. The Requested State may also defer the surrender of such property if it<\/p>\n
is needed as evidence in that State.<\/p>\n
3. The rights of third parties in such property shall be duly respected.<\/p>\n
Article 16<\/p>\n
Rule of Speciality<\/p>\n
1. A person extradited [*25] under this Treaty may not be detained, tried, or punished in the<\/p>\n
Requesting State except for:<\/p>\n
(a) the offense for which extradition was granted or a differently denominated or less serious<\/p>\n
offense based on the same facts on which extradition was granted, provided such offense is<\/p>\n
extraditable;<\/p>\n
(b) an offense committed by that person after his or her surrender; or<\/p>\n
(c) an offense for which the competent authority of the Requested State consents to the<\/p>\n
person’s detention, trial, or punishment. For the purposes of this subparagraph:<\/p>\n
(i) the Requested State may require the submission of the documents specified in Article 8;<\/p>\n
and<\/p>\n
(ii) the person extradited may be detained by the Requesting State for ninety (90) calendar<\/p>\n
days, or for such longer period of time as the Requested State may authorize, while the<\/p>\n
request for consent is being processed.<\/p>\n
2. A person extradited under this Treaty may not be extradited to a third State for an offense<\/p>\n
committed prior to his or her surrender unless the surrendering State consents.<\/p>\n
3. Paragraphs 1 and 2 of this Article shall not prevent the detention, trial, or punishment of an<\/p>\n
extradited person, or the extradition of that person to [*26] a third State, if that person:<\/p>\n
(a) leaves the territory of the Requesting State after extradition and voluntarily returns to it;<\/p>\n
or<\/p>\n
(b) does not leave the territory of the Requesting State within twenty (20) calendar days of<\/p>\n
the day on which that person is free to leave.<\/p>\n
Article 17<\/p>\n
Waiver of Extradition<\/p>\n
1. If the person sought consents to surrender to the Requesting State, the Requested State may<\/p>\n
surrender the person as expeditiously as possible without further proceedings.<\/p>\n
2. Such consent shall be directly and expressly provided to the appropriate judicial authority<\/p>\n
of the Requested State.<\/p>\n
Article 18<\/p>\n
Transit<\/p>\n
1. Either Party may authorize transportation through its territory of a person surrendered to<\/p>\n
the other Party by a third State. In cases of scheduled transit, such authorization shall be<\/p>\n
requested by the Party to which the person is being extradited. A request for transit may be<\/p>\n
transmitted through the diplomatic channel. Alternatively, such request may be transmitted<\/p>\n
directly between the United States Department of Justice and the Ministry of Foreign Affairs,<\/p>\n
Foreign Trade, and Worship of the Argentine Republic, or through the facilities of the<\/p>\n
International Criminal [*27] Police Organization (INTERPOL). The request for transit shall<\/p>\n
contain a description of the person being transported and a brief statement of the facts of the<\/p>\n
case. A person in transit may be detained in custody during the period of transit.<\/p>\n
2. No authorization is required if a Party is transporting a person surrendered to it by a third<\/p>\n
State using air transportation and no landing is scheduled on the territory of the other Party. If<\/p>\n
an unscheduled landing occurs on the territory of a Party, that Party may require from the<\/p>\n
other Party the submission of a request for transit as provided in paragraph 1. If required, any<\/p>\n
such request for transit shall be provided within ninety-six (96) hours of the unscheduled<\/p>\n
landing. The Party in which the unscheduled landing occurred may detain the person to be<\/p>\n
transported until the transit is effected.<\/p>\n
Article 19<\/p>\n
Representation and Expenses<\/p>\n
1. The Requested State shall advise, assist, appear in court on behalf of, and represent the<\/p>\n
interests of, the Requesting State in any proceedings related to a request for extradition. The<\/p>\n
representative appointed by the Requested State shall be legally authorized to act in those<\/p>\n
proceedings.<\/p>\n
2. The Requesting [*28] State shall bear the expenses related to the translation of documents<\/p>\n
and the transportation to that State of the person surrendered. The Requested State shall pay<\/p>\n
all other expenses incurred in that State by reason of the extradition proceedings.<\/p>\n
3. Neither Party shall make any pecuniary claim against the other Party related to the arrest,<\/p>\n
detention, custody, examination, or surrender of persons sought under this Treaty.<\/p>\n
Article 20<\/p>\n
Competent Authority<\/p>\n
For the United States of America, the term “competent authority,” as used in this Treaty,<\/p>\n
means the appropriate authorities of its executive branch.<\/p>\n
Article 21<\/p>\n
Consultation<\/p>\n
The Parties may consult with each other directly in connection with the processing of<\/p>\n
individual cases and in furtherance of maintaining and improving procedures for the<\/p>\n
implementation of this Treaty.<\/p>\n
Article 22<\/p>\n
Application<\/p>\n
This Treaty shall apply to offenses committed before as well as after the date it enters into<\/p>\n
force.<\/p>\n
Article 23<\/p>\n
Ratification, Entry into Force, and Termination<\/p>\n
1. This Treaty shall be subject to ratification. The instruments of ratification shall be<\/p>\n
exchanged as soon as possible.<\/p>\n
2. This Treaty shall enter into force the day after the date [*29] of exchange of the<\/p>\n
instruments of ratification.<\/p>\n
3. Upon the entry into force of this Treaty, the Treaty on Extradition Between the United<\/p>\n
States of America and the Republic of Argentina, signed at Washington January 21, 1972,<\/p>\n
shall cease to be in force. Nevertheless, the prior Treaty shall apply to any extradition<\/p>\n
proceedings in which the extradition documents have already been submitted to the courts of<\/p>\n
the Requested State before this Treaty enters into force. Article 17 of this Treaty, however,<\/p>\n
shall be applicable to such proceedings. Similarly, Article 16 of this Treaty shall apply to<\/p>\n
persons found extraditable under the prior Treaty.<\/p>\n
4. Either Party may terminate this Treaty by giving written notice to the other Party through<\/p>\n
the diplomatic channel, and the termination shall be effective six months after the date of<\/p>\n
such notice.<\/p>\n
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective<\/p>\n
Governments, have signed this Treaty.<\/p>\n
DONE at Buenos Aires, in two originals, this 10th day of June, 1997, in the English and<\/p>\n
Spanish languages, both texts being equally authentic.<\/p>\n
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:<\/p>\n
FOR THE GOVERNMENT OF THE ARGENTINE [*30] REPUBLIC:<\/p>\n
The proven Buenos Aires \u2013 Argentina lawyer professionals at the\u00a0Kier Joffe law firm<\/a>\u00a0have experience working with foreign clients involved in all kind of cases\u00a0in Argentina.\u00a0Buenos Aires Argentina attorney<\/a>\u00a0professionals 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 \u00a0lawyer in Argentina.<\/p>\n