Extradition Treaty - St. Kitts and Nevis

ST. KITTS & NEVIS – NEW TREATY

ORGANIZATION OF EASTERN CARIBBEAN STATES

EXTRADITION TREATIES WITH ORGANIZATION OF EASTERN CARIBBEAN STATES

TREATY DOC. 105-19

1996 U.S.T. LEXIS 57

June 3, 1996; October 10, 1996; May 30, 1996; April 18, 1996; September 18, 1996; August 15, 1996, Date-Signed

STATUS:

[*1] PENDING: July 30, 1997. Treaties were read the first time and, together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

TRANSMITTING EXTRADITION TREATIES BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENTS OF SIX COUNTRIES COMPRISING THE ORGANIZATION OF EASTERN CARIBBEAN STATES (COLLECTIVELY, THE “TREATIES”). THE TREATIES ARE WITH: ANTIGUA AND BARBUDA, SIGNED AT ST. JOHN’S ON JUNE 3, 1996; DOMINICA, SIGNED AT ROSEAU ON OCTOBER 10, 1996; GRENADA, SIGNED AT ST. GEORGE’S ON MAY 30, 1996; ST. LUCIA, SIGNED AT CASTRIES ON APRIL 18, 1996; ST. KITTS AND NEVIS, SIGNED AT BASETERRE ON SEPTEMBER 18, 1996; AND ST. VINCENT AND THE GRENADINES, SIGNED AT KINGSTOWN ON AUGUST 15, 1996

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 Treaties between the Government of the United States of America and the governments of six countries comprising the [*2] Organization of Eastern Caribbean States (collectively, the “Treaties”). The Treaties are with: Antigua and Barbuda, signed at St. John’s on June 3, 1996; Dominica, signed at Roseau on October 10, 1996; Grenada, signed at St. George’s on May 30, 1996; St. Lucia, signed at Castries on April 18, 1996; St. Kitts and Nevis, signed at Baseterre on September 18, 1996; and St. Vincent and the Grenadines, signed at Kingstown on August 15, 1996.

In addition, I transmit, for the information of the Senate, the report of the Department of State with respect to the Treaties. As the report explains, the Treaties will not require implementing legislation.

The provisions in these Treaties follow generally the form and content of extradition treaties recently concluded by the United States.

Each Treaty will enhance cooperation between the law enforcement communities in both countries. That will thereby make a significant contribution to international law enforcement efforts. Upon entry into force of the extradition treaties between the United States and Antigua and Barbuda, Dominica, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines, the Extradition Treaty between the Government of [*3] the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland signed June 8, 1972, which was made applicable to each of these territories upon its entry in force January 21, 1977, and which continues to apply between the United States and each of the entities subsequent to becoming independent, will cease to have any effect between the United States and the respective country. Upon entry into force of the Extradition Treaty between the United States and Grenada, the Extradition Treaty between the United States and Great Britain signed December 22, 1931, which was made applicable to Grenada upon its entry into force on June 24, 1935, and which continues to apply between the United States and Grenada, following its becoming independent, shall cease to apply between the United States and Grenada.

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

WILLIAM J. CLINTON.

LETTER OF SUBMITTAL

DEPARTMENT OF STATE,

Washington, June 12, 1997.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you extradition treaties between the [*4] Government of the United States of America and the governments of six countries comprising the Organization of Eastern Caribbean States (OECS). The treaties are with: Antigua and Barbuda, signed at St. John’s on June 3, 1996; Dominica, signed at Roseau on October 10, 1996; Grenada, signed at St. George’s on May 30, 1996; St. Lucis, signed at Castries on April 18, 1996; St. Kitts and Nevis, signed at Baseterre on September 18, 1996; and St. Vincent and the Grenadines, signed at Kingstown on August 15, 1996. I recommend that these treaties be transmitted to the Senate for its advice and consent to ratification.

The OECS extradition treaties, which are identical in content, follow closely the form and content of extradition treaties recently concluded by the United States. The treaties represent part of a concerted effort by the Department of State and the Department of Justice to develop modern extradition relationships in order to enhance the United States ability to prosecute serious offenders including, especially, narcotics traffickers.

The treaties mark a significant step in bilateral cooperation between the United States and OECS Countries. Upon entry into force of the extradition [*5] treaties between the United States and Antigua and Barbuda, Dominica, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines, the Extradition Treaty between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland signed June 8, 1972, which was made applicable to each of these territories upon its entry in force January 21, 1977, and which continues to apply between the United States and each of the countries subsequent to its independence, will cease to have effect between the United States and these countries. Upon entry into force of the Extradition Treaty between the United States and Grenada, the Extradition Treaty between the United States and Great Britain signed December 22, 1931, which was made applicable to Grenada upon its entry into force on June 24, 1935, and which continues to apply between the United States and Grenada, following its independence, shall cease to apply between the United States and Grenada. These treaties had become outmoded, and the new treaties will provide significant improvements. The Treaties can be implemented without new legislation.

Article 1 obligates each Contracting [*6] State to extradite to the other, pursaunt to the provisions of the Treaty, any person sought for prosecution or persons who have been convicted of an extraditable offense by the authorities in the Requesting State.

Article 2(1) defines an extraditable offense as one punishable under the laws of both Contracting States by deprivation of liberty for a 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 Contracting States.

Article 2(2) defines an extraditable offense to include an attempt or a conspiracy to commit, aiding or abetting, counselling, or procuring the commission of or being an accessory before or after the fact to any offense described in paragraph 1 of the Treaty.

Additional flexibility is provided by Article 2(3), which provides that an offense shall be considered an extraditable offense: (1) 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 (2) [*7] 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 the States with discretion to grant or deny extradition if the offense for which extradition is sought would not be punishable under the laws of the Requested State in similar circumstances. The United States recognizes the extraterritorial application of many of its criminal statutes and frequently makes requests for fugitives whose criminal activity occurred in foreign countries with the intent, actual or implied, of affecting the United States. None of the OECS countries indicated any anticipated difficulty with this provision.

Article 3 provides that extradition shall not be refused on the ground that the person sought is a national of the Requested State. Neither Party, in other words, may invoke nationality as a basis for denying an extradition.

As is customary [*8] 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 if the offense for which extradition is requested is a political offense. Article 4(2) specifies three categories of offenses that shall not be considered to be political offenses:

a murder or other violent crime against the person of a Head of State of one of the Contracting States, or of a member of the Head of State’s family;
an offense for which both Contracting States are obliged pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for a decision as to prosecution; and
a conspiracy or attempt to commit any of the offenses described above, or aiding and abetting a person who commits or attempts to commit such offenses.

The Treaty’s political offense exception is substantially identical to that contained in several other modern extradition treaties, including the treaty with Jordan, which recently received Senate advice and consent.

Examples of offenses covered by Article 4(2)(b) include:

–aircraft hijacking [*9] covered by The Hague Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague December 16, 1970, and entered into force October 14, 1971 (22 U.S.T. 1641; TIAS No. 7192); and,

–aircraft sabotage covered by the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal September 23, 1971, and entered into force January 26, 1973, (24 U.S.T. 564; TIAS No. 7570).

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

Article 4(4) permits the executive authority of the Requested State to refuse extradition for military offenses 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 or have decided to discontinue criminal proceedings which have been instituted against the person sought.

Article 6 [*10] establishes the procedures and describes the documents that are required to support an extradition request. The Article requires that all requests be submitted through the diplomatic channel. Article 6(3)(c) provides that a request for the extradition of a person sought for prosecution shall also be supported by evidence providing a reasonable basis to believe that the person committed the offense for which extradition is requested. This is a lesser evidentiary standard than that contained in the current extradition treaty, and therefore should significantly improve the United States’ ability to obtain extradition of fugitives from abroad.

Article 7 establishes the procedures under which documents submitted pursuant to the provisions of this Treaty shall be received and admitted into evidence.

Article 8 enables extradition requests to be granted irrespective of statutes of limitations in either the Requesting or Requested State.

Article 9 sets forth procedures for the provisional arrest and detention of a person sought pending presentation of the formal request for extradition. Article 9(4) provides that if the Requested State’s executive authority has not received the request for [*11] extradition and supporting documentation within forty-five days after the provisional arrest, the person may be discharged from custody; this period may be extended for up to an additional fifteen days upon the Requesting State’s application. Article 9(5) provides explicitly that discharge from custody pursuant to Article 9(4) does not prejudice subsequent rearrest and extradition upon later delivery of the extradition request and supporting documents.

Article 10 specifies the procedures governing surrender and return of persons sought. It requires the Requested State to provide prompt notice to the Requesting State through the diplomatic channel regarding its decision on the request for extradition. If the request is denied in whole or in part, Article 10(2) requires the Requesting State to provide information regarding the reasons therefor. If extradition is granted, the person sought must be removed from the territory of the Requested State within the time prescribed by its law.

Article 11 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 the [*12] person to the Requesting State solely for the purpose of prosecution. Alternatively, the Requested State may postpone the extradition proceedings until its prosecution has been concluded or until any sentence imposed has been served.

Article 12 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 13 provides for the seizure and surrender to the Requesting State of articles and evidence 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 13(3) imposes an obligation to respect the rights of third parties in affected property.

Article 14 sets forth the rule of speciality. It provides, subject to specific exceptions, that a person extradited under the Treaty may not be detained, tried, or [*13] punished in the Requesting State for an offense other than that for which extradition has been granted, unless a waiver of the rule is granted by the executive authority of the Requested State. Similarly, the Requesting State may not extradite such 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 ten days of being free to do so.

Article 15 permits surrender to the Requesting State without further proceedings if the person sought consents to surrender.

Article 16 governs the transit through the territory of one Contracting State of a person being surrendered to the other State by a third State.

Article 17 contains provisions on representation and expenses that are similar to those found in other modern extradition treaties. Specifically, the Requested State is required to represent the interests of the Requesting State in any proceedings arising out of a request for extradition. The States understand that the Requesting State will bear [*14] the costs in the event it elects to retain private counsel to pursue the extradition request. The Requesting State is required to bear the expenses related to the translation of documents and the transportation of the person surrendered. Article 17(3) clarifies that neither State shall make any pecuniary claim against the other State arising out of the arrest, detention, examination, or surrender of persons sought under the Treaty.

Article 18 states that the United States Department of Justice and the Attorney General of each OECS country may consult with each other directly in connection with the processing of individual cases and in furtherance of maintaining and improving Treaty implementation procedures. It also specifies that consultations may address issues of training and technical assistance for prosecutors and other legal officials.

Article 19, like the parallel provision in almost all recent United States extradition treaties, states that the Treaty shall apply, subject to Article 20(3), to offenses committed before as well as after the date the Treaty enters into force.

Ratification and entry into force are addressed in Article 20. That Article provides that the treaty [*15] shall be subject to ratification, and instruments of ratification shall be exchanged at Washington, whereupon the Treaty shall enter into force. Upon entry into force, the Extradition Treaty between the United States of America and the United Kingdom of Great Britain and Northern Ireland, signed at London on June 8, 1972, and entered into force on January 21, 1977, shall cease to have effect, with certain noted exceptions, between the United States and the countries heretofore noted. The Extradition Treaty between the United States and Great Britain that was signed at London on December 22, 1931, and entered into force on June 24, 1935, likewise will cease to have effect, with certain noted exceptions, between the United States and Grenada.

Under Article 21, either Contracting State may terminate the Treaty at any time upon written notice to the other Contracting State, with termination to become effective six months after the date of receipt of such notice.

Technical Analyses explaining in detail the provisions of these Treaties are being prepared by the United States negotiating delegation and will be submitted separately to the Senate Committee on Foreign Relations.

The Department [*16] of Justice joins the Department of State in favoring approval of these Treaties by the Senate at an early date.

Respectfully submitted,

MADELEINE ALBRIGHT.

EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF SAINT KITTS AND NEVIS

The Government of the United States of America and the Government of Saint Kitts and Nevis,

Recalling the Extradition Treaty between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, signed at London June 8, 1972,

Noting that both the Government of the United States of America and the Government of Saint Kitts and Nevis currently apply the terms of [*78] that Treaty, and

Desiring to provide for more effective cooperation between the two States in the suppression of crime, and, for that purpose, to conclude a new treaty for the extradition of accused or convicted offenders,

Have agreed as follows:

Article 1

Obligation to Extradite

The Contracting States agree to extradite to each other, pursuant to the provisions of this Treaty, persons sought for prosecution or persons who have been convicted of an extraditable offense by the authorities in the Requesting State.

Article 2

Extraditable Offenses

An offense shall be an extraditable offense if it is punishable under the laws in both Contracting States by deprivation of liberty for a period of more than one year or by a more severe penalty.
An offense shall also be an extraditable offense if it consists of an attempt or a conspiracy to commit, aiding or abetting, counselling or procuring the commission of, or being an accessory before or after the fact to, any offense described in paragraph 1.
For the purposes of this Article, an offense shall be an extraditable offense:
1. whether or not the laws in the Contracting States place the offense within the same category of offenses [*79] or describe the offense by the same terminology; or
2. 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.
Where the offense was committed outside of the territory of the Requesting State, if the laws in the Requested State:
1. provide for punishment of an offense committed outside of its territory in similar circumstances, extradition shall be granted in accordance with this treaty; or
2. do not provide for punishment of an offense committed outside of its territory in similar circumstances, extradition may nonetheless be granted in the discretion of the executive authority of the Requested State, provided that all other requirements of this Treaty are met.
If extradition has been granted for an extraditable offense, it may also be granted for any other offense specified in the request even if the latter offense is punishable by less than one year’s deprivation of liberty, provided that all [*80] other requirements for extradition are met.

Article 3

Nationality

If all conditions in this Treaty relating to extradition are met, extradition shall not be refused based on the nationality of the person sought.

Article 4

Political and Military Offenses

Extradition shall not be granted if the offense for which extradition is requested is a political offense.
For the purposes of this Treaty, the following offenses shall not be considered to be political offenses:
1. a murder or other violent crime against the person of a Head of State of one of the Contracting States, or of a member of the Head of State’s family;
2. an offense for which both Contracting States have the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for decision as to prosecution; and
3. a conspiracy or attempt to commit any of the foregoing offenses, or aiding or abetting a person who commits or attempts to commit such offenses.
Notwithstanding the terms of paragraph 2 of this Article, extradition shall not be granted if the executive authority of the Requested State determines that the request was [*81] politically motivated.
The executive authority of the Requested State may refuse extradition for offenses under military law which are not offenses under ordinary criminal law.

Article 5

Prior Prosecution

Extradition shall not be granted when the person sought has been convicted or acquitted in the Requested State for the offense for which extradition is requested.
Extradition shall not be precluded by the fact that the authorities in the Requested State have decided not to prosecute the person sought for the acts for which extradition is requested, or to discontinue any criminal proceedings which have been instituted against the person sought for those acts.

Article 6

Extradition Procedures and Required Documents

All requests for extradition shall be submitted through the diplomatic channel.
All requests shall be supported by:
1. documents, statements, or other types of information which describe the identity, and probable location of the person sought;
2. information describing the facts of the offense and the procedural history of the case;
3. information as to:
  1. the provisions of the laws describing the essential elements of the offense for which [*82] extradition is requested;
  2. the provisions of the law describing the punishment for the offense; and
  3. the provisions of law describing any time limit on the prosecution; and
4. the documents, statements, or other types of information specified in paragraph 3 or paragraph 4 of this Article, as applicable.
A request for extradition of a person who is sought for prosecution shall also be supported by:
1. a copy of the warrant or order of arrest, if any, issued by a judge or other competent authority of the Requesting State;
2. a document setting forth the charges; and
3. such information as would provide a reasonable basis to believe that the person sought committed the offense for which extradition is requested.
A request for extradition relating to a person who has been convicted of the offense for which extradition is sought shall also be supported by:
1. a copy of the judgment of conviction or, if such copy is not available, a statement by a judicial authority that the person has been convicted;
2. information establishing that the person sought is the person to whom the conviction refers;
3. a copy of the sentence imposed, if the [*83] person sought has been sentenced, and a statement establishing to what extent the sentence has been carried out; and
4. in the case of a person who has been convicted in absentia, the documents required by paragraph 3.

Article 7

Admissibility of Documents

The documents which accompany an extradition request shall be received and admitted as evidence in extradition proceedings if:

in the case of a request from the United States, they are authenticated by an officer of the United States Department of State and are certified by the principal diplomatic or consular officer of Saint Kitts and Nevis resident in the United States;
in the case of a request from Saint Kitts and Nevis, they are certified by the principal diplomatic or consular officer of the United States resident in Saint Kitts and Nevis, as provided by the extradition laws of the United States; or
they are certified or authenticated in any other manner accepted by the law of the Requested State.

Article 8

Lapse of Time

Extradition shall not be denied because of the prescriptive laws of either the Requesting State or the Requested State.

Article 9

Provisional Arrest

In case of urgency, a Contracting [*84] State may initiate the process of extradition by requesting the provisional arrest of the person sought. A request for provisional arrest may be transmitted through the diplomatic channel or directly between the United States Department of Justice and the Attorney General in Saint Kitts and Nevis. Such a request may also be transmitted through the facilities of the International Criminal Police Organization (INTERPOL), or through such other means as may be settled by arrangement between the Contracting States.
The application for provisional arrest shall contain:
1. a description of the person sought;
2. the location of the person sought, if known;
3. a brief statement of the facts of the case, including, if possible, the time and location of the offense;
4. a description of the laws violated;
5. a statement of the existence of a warrant of arrest or a finding of guilt or judgment of conviction against the person sought; and
6. a statement that a request for extradition for the person sought will follow.
The Requesting State shall be notified without delay of the disposition of its application and the reasons for any denial.
Provisional arrest shall [*85] be terminated if, within a period of 45 days after the apprehension of the person sought, the Requested State has not received the request for extradition and the documents mentioned in Article 6. This period may be extended, upon the Requesting State’s application, for up to an additional 15 days after the apprehension of the person sought.
The fact that the person sought has been discharged from custody pursuant to paragraph 4 of this Article shall not prejudice the subsequent rearrest and extradition of that person if the extradition request and supporting documents are delivered at a later date.

Article 10

Decision and Surrender

The Requested State shall promptly notify the Requesting State through the diplomatic channel of its decision on the request for extradition.
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.
If the request for extradition is granted, the authorities of the Contracting States shall agree on the time and place for the surrender of the person sought.
If the person sought is not removed [*86] from the territory of the Requested State within the time prescribed by the law of that State, that person may be discharged from custody, and the Requested State may subsequently refuse extradition for the same offense.

Article 11

Temporary and Deferred Surrender

If the extradition request is granted in the case of a person who is being proceeded against or is serving a sentence in the Requested State, the Requested State may temporarily surrender the person sought to the Requesting State for the purpose of prosecution. The person so surrendered shall be kept in custody in the Requesting State and shall be returned to the Requested State after the conclusion of the proceedings against that person, in accordance with conditions to be determined by mutual agreement of the Contracting States.
The Requested State may postpone the extradition proceedings against a person who is being prosecuted or who is serving a sentence in that State. The postponement may continue until the prosecution of the person sought has been concluded or until such person has served any sentence imposed.

Article 12

Requests for Extradition Made by Several States

If the Requested State receives requests [*87] from the other Contracting State and from any other State or States for the extradition of the same person, either for the same offense or for different offenses, the executive authority of the Requested State shall determine to which State it will surrender the person. In making its decision, the Requested State shall consider all relevant factors, including but not limited to:

whether the requests were made pursuant to treaty;
the place where each offense was committed;
the respective interests of the Requesting States;
the gravity of the offenses;
the nationality of the victim;
the possibility of further extradition between the Requesting States; and
the chronological order in which the requests were received from the Requesting States.

Article 13

Seizure and Surrender of Property

To the extent permitted under its law, the Requested State may seize and surrender to the Requesting State all articles, documents, and evidence connected with the offense in respect of which extradition is granted. The items mentioned in this Article may be surrendered even when the extradition cannot be effected due to the death, disappearance, or escape [*88] of the person sought.
The Requested State may condition the surrender of the property upon satisfactory assurances from the Requesting State that the property will be returned to the Requested State as soon as practicable. The Requested State may also defer the surrender of such property if it is needed as evidence in the Requested State.
The rights of third parties in such property shall be duly respected.

Article 14

Rule of Speciality

A person extradited under this Treaty may not be detained, tried, or punished in the Requesting State except for:
1. the offense for which extradition has been granted or a differently denominated offense based on the same facts on which extradition was granted, provided such offense is extraditable, or is a lesser included offense;
2. an offense committed after the extradition of the person; or
3. an offense for which the executive authority of the Requested State consents to the person’s detention, trial, or punishment. For the purpose of this subparagraph:
  1. the Requested State may require the submission of the documents called for in Article 6; and
  2. the person extradited may be detained by the Requesting State for [*89] 90 days while the request is being processed. This time period may be extended by the Requested State upon request of the Requesting State.
A person extradited under this Treaty may not be extradited to a third State for an offense committed prior to his surrender unless the surrendering State consents.
Paragraphs 1 and 2 of this Article shall not prevent the detention, trial, or punishment of an extradited person, or the extradition of that person to a third State, if:
1. that person leaves the territory of the Requesting State after extradition and voluntarily returns to it; or
2. that person does not leave the territory of the Requesting State within 10 days of the day on which that person is free to leave.

Article 15

Waiver of Extradition

If the person sought consents to surrender to the Requesting State, the Requested State may surrender the person as expeditiously as possible without further proceedings.

Article 16

Transit

Either Contracting State may authorize transportation through its territory of a person surrendered to the other State by a third State. A request for transit shall be transmitted through the diplomatic channel or directly between the [*90] Department of Justice in the United States and the Attorney General in Saint Kitts and Nevis. Such a request may also be transmitted through the facilities of the International Criminal Police Organization (INTERPOL), or through such other means as may be settled by arrangement between the Contracting States. It shall contain a description of the person being transported and a brief statement of the facts of the case. A person in transit may be detained in custody during the period of transit.
No authorization is required where air transportation is used and no landing is scheduled on the territory of the Contracting State. If an unscheduled landing occurs on the territory of the other Contracting State, the other Contracting State may require the request for transit as provided in paragraph 1. That Contracting State may detain the person to be transported until the request for transit is received and the transit is effected, so long as the request is received within 96 hours of the unscheduled landing.

Article 17

Representation and Expenses

The Requested State shall advise, assist, appear in court on behalf of the Requesting State, and represent the interests of the Requesting [*91] State, in any proceedings arising out of a request for extradition.
The Requesting State shall bear the expenses related to the translation of documents and the transportation of the person surrendered. The Requested State shall pay all other expenses incurred in that State by reason of the extradition proceedings.
Neither State shall make any pecuniary claim against the other State arising out of the arrest, detention, examination, or surrender of persons sought under this Treaty.

Article 18

Consultation

The Department of Justice of the United States and the Attorney General of Saint Kitts and Nevis 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. Issues considered in such consultations shall include training and technical assistance.

Article 19

Application

Subject to Article 20(3), this Treaty shall apply to offenses committed before as well as after the date it enters into force.

Article 20

Ratification and Entry into Force

This Treaty shall be subject to ratification; the instruments of ratification shall be exchanged at Washington [*92] as soon as possible.
This Treaty shall enter into force upon the exchange of the instruments of ratification.
Upon the entry into force of this Treaty, the Treaty on Extradition signed at London June 8, 1972 shall cease to have any effect between the United States and Saint Kitts and Nevis. Nevertheless, the prior Treaty shall apply to any extradition proceedings in which the extradition documents have already been submitted to the courts of the Requested State at the time this Treaty enters into force, except that Article 15 of this Treaty shall be applicable to such proceedings. Article 14 of this Treaty shall apply to persons found extraditable under the prior Treaty.

Article 21

Termination

Either Contracting State may terminate this Treaty at any time by giving written notice to the other Contracting State, and the termination shall be effective six months after the date of receipt of such notice.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments have signed this Treaty.

DONE at Baseterre, St. Kitts, in duplicate, this 18th day of September, 1996.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF SAINT [*93] KITTS AND NEVIS:

Extradition Treaty – St. Kitts and Nevis

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