Extradition Treaty with Cyprus

EXTRADITION TREATY WITH CYPRUS

TREATY DOC. 105-16

1996 U.S.T. LEXIS 50

June 17, 1996, Date-Signed

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

TRANSMITTING EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS, SIGNED AT WASHINGTON ON JUNE 17, 1996

TEXT:

105TH CONGRESS

1st Session

SENATE

LETTER OF TRANSMITTAL

THE WHITE HOUSE, July 28, 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 Government of the United States of America and the Government of the Republic of Cyprus ("the Treaty"), signed at Washington on June 17, 1996.

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 explains, the Treaty will not require implementing legislation.

This Treaty will, upon entry into force, enhance cooperation between the law enforcement communities of both countries. It will thereby make a significant contribution [*2] to international law enforcement efforts.

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

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, June 13, 1997.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you the Extradition Treaty between the Government of the United States of America and the Government of the Republic of Cyprus ("the Treaty"), signed at Washington on June 17, 1996. 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 United States ability to prosecute serious offenders including, especially, narcotics traffickers and terrorists.

The Treaty marks a significant step in bilateral [*3] cooperation between the United States and Cyprus. Upon entry into force, it will replace the Extradition Treaty between the United States and Great Britain signed at London on December 22, 1931, which was made applicable to Cyprus upon entry into force on June 24, 1935 and which the United States and Cyprus have continued to apply following Cypriot independence. That treaty has become outmoded, and the new Treaty will provide significant improvements. The Treaty does not require implementing legislation.

Article 1 obligates each Contracting State to extradite to the other, pursuant to the provisions of the Treaty, persons sought for prosecution for or convicted of an extraditable offense.

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 also an attempt [*4] or a conspiracy to commit, aiding or abetting, counselling or procuring the commission of or being an accessory before or after the fact to an extraditable offense.

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) whether or not the offense is one for which United States federal law requires the proof 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 parties with the 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 circumstance. The United States recognizes the extraterritorial application of many of its criminal statutes and frequently makes requests [*5] for fugitives whose criminal activity occurred in foreign countries with the intent, actual or implied, of affecting the United States. Cyprus did not indicate any anticipated difficulty with this provision.

When extradition has been granted for an extraditable offense, Article 2(5) also requires extradition for any other offense specified in the request, even if punishable by deprivation of liberty of less than one year, provided that all other requirements for extradition are met.

Article 3(1) provides that neither Contracting State is obligated to extradite its nationals, but a Requested State may do so unless otherwise provided by its laws and Constitution. Article 3(2) requires the Requested State, if it denies extradition solely on the basis of the nationality of the person sought, to submit the case to its authorities for prosecution.

As is customary in extradition treaties, Article 4 incorporates a political and military offenses exception to the obligation to extradite. Article 4(1) states generally that extradition shall not be granted for an offense of a political character.

Article 4(2) specifies three categories of offenses that shall not be considered to be political [*6] offenses:

  1. a murder or other willful crime against the person of a Head of State of one of the Contracting States, or of a member of the Head of State’s family;
  2. 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
  3. 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. Offenses covered by Article 4(2)(b) include:

–aircraft hijacking 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, [*7] 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 deny 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 against the person sought.

Article 6(1) permits refusal of extradition in cases where an offense for which extradition is sought is punishable by death under the laws in the Requesting State but not in the Requested State, unless the Requesting State (if so requested) provides assurances that the death penalty, if imposed, will not be carried out. Article 6(2) states that, in cases where an assurance under Article 6(1) [*8] is provided, the death penalty will not be carried out, if imposed by the courts of the Requesting State.

Article 7 enables extradition requests to be granted irrespective of statutes of limitations in either the Requesting or Requested State.

Article 8 establishes the procedures and describes the documents that are required to support an extradition request. Article 8(1) requires that all requests be submitted through the diplomatic channel. Article 8(3)(c) provides that a request for the extradition of a person sought for prosecution be supported by a statement of the facts of the case disclosing reasonable grounds to believe that an offense was committed and that the person sought committed it.

Article 9 establishes the procedures under which documents submitted pursuant to the provisions of this Treaty shall be received and admitted into evidence.

Article 10 declares that all documents submitted by the Requesting State shall be either in the language of the Requesting State or in the language of the Requested State, but gives the Requested State the right to require a translation into its language.

Article 11 sets forth procedures for the provisional arrest and detention of a [*9] 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 formal 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 of that person upon later delivery of the extradition request and supporting documents.

Article 12 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 extradition decision. If the request is denied in whole or in part, Article 12 requires the Requested State to provide information regarding the reasons therefor. If extradition is granted, the authorities of the Contracting States shall agree on the time and place for surrender of the person sought. If the person sought is not removed from the territory of the Requested State within the time prescribed by its law, the person may be released, [*10] and the Requested State may subsequently refuse extradition for the same offense.

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 the person sought to the Requesting State solely for the purpose of prosecution. Alternatively, the Requested State may postpone the extradition proceedings against a person who is being prosecuted or who is serving a sentence in that State until its prosecution has been concluded and the sentence has been served.

Article 14 sets forth a non-exclusive list of factors to be considered by the Requested State is 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 [*11] State and may be conditioned upon satisfactory assurances from the Requesting State 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, subject to specific exceptions, that a person extradited under the Treaty may not be detained, tried, or punished for an offense committed prior to extradition other than that for which extradition has been granted, unless the executive authority of the Requested State consents. Similarly, the requesting State may not extradite such person to a third state for an offense committed prior to the original surrender unless the executive authority of the Requested 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 17 permits surrender to the Requesting State without further proceedings if the person sought formally consents by way of affidavit or otherwise.

Article 18 governs the transit through the territory of one Contracting State of a person [*12] being surrendered to the other State 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 is required to represent the interests of the Requesting State in any proceedings arising out of a request for extradition. The Requesting State is required to bear the expenses related to the translation of documents and the transportation of the person surrendered. Article 19(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 20 states that the United States Department of Justice and the Ministry of Justice and Public Order in Cyprus may consult with each other directly or through the facilities of INTERPOL in connection with the processing of individual cases and in furtherance of maintaining and improving Treaty implementation procedures.

Article 21, 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 [*13] the Treaty enters into force.

Ratification and entry into force are addressed in Article 22. That Article provides that the Parties shall exchange instruments of ratification, whereupon the Treaty shall enter into force. Upon entry into force, the Extradition Treaty between the United States of America and Great Britain, signed at London December 22, 1931, shall cease to have effect between the United States and Cyprus, except for pending extradition proceeding in which the documents have already been submitted to the courts of the Requested State at the time the Treaty enters into force (with Articles 16 and 17 of the new Treaty applicable to such proceedings).

Under Article 23, either Contracting State may terminate the Treaty at any time upon written notice to the other Party through the diplomatic channel with termination to become effective six months after the date of such notice.

A Technical Analysis explaining in detail the provisions of the Treaty has been 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 [*14] by the Senate at an early date.

Respectively submitted,

MADELEINE ALBRIGHT.

EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS

The Government of the United States of America and the Government of the Republic of Cyprus;

Recalling the Treaty for the Mutual Extradition of Criminals Between the United States of America and Great Britain, signed at London December 22, 1931;

Noting that the Treaty remains in force between the Government of the United States of America and the Government of the Republic of Cyprus; and

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

Have agreed as follows:

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 for or convicted 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 Contracting States by deprivation of liberty for a period of more than one [*15] year or by a more severe penalty.
  2. Subject to paragraph 1 of this Article, 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.
  3. 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 or describe the offense by the same terminology; or
    2. whether or not the offense is one for which United States law requires the proof of such matters as interstate transportation, of 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 court.
  4. If the offense was committed outside the territory of the Requesting State, extradition shall be granted if the laws in the Requested State provide for the punishment of an offense committed outside its territory in similar circumstances. If the laws in the Requested State do not so provide, extradition [*16] will still be granted if the executive authority of the Requested State, in its discretion, consents to the setting in motion of the extradition procedure.
  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 less than one year’s deprivation of liberty, provided that all other requirements for extradition are met.

Article 3

Treatment of Nationals

  1. Neither Contracting State shall be obligated to extradite its own nationals, but the Requested State may extradite such persons unless otherwise provided by its laws and Constitution.
  2. If extradition is refused solely on the basis of the nationality of the person sought, the Requested State shall, at the request of the Requesting State, submit the case to its authorities for prosecution.

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:
    1. a murder or other willful crime against the person of a Head [*17] 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.
  3. Notwithstanding paragraph 2 of this Article, extradition shall not be granted if the executive authority of the Requested State determines that the request was politically motivated.
  4. The executive authority of the Requested State may refuse extradition for offenses under military law which are not offenses under ordinary criminal law.

Article 5

Prior Prosecution

  1. Extradition shall not be granted when the person sought has been convicted or acquitted in the Requested State for the offense for which extradition is requested.
  2. Extradition shall not be precluded by the fact that the authorities in the Requested State have decided not to prosecute the person sought for the acts for which extradition is [*18] requested, or to discontinue any criminal proceedings which have been instituted against the person sought for those acts.

Article 6

Capital Punishment

  1. When the offense for which extradition is sought is punishable by death under the laws in the Requesting State and is not punishable by death under the laws in the Requested State, the Requested State may refuse extradition unless the Requesting State, if so requested, provides assurances that the death penalty, if imposed, will not be carried out.
  2. In instances in which a Requesting State provides an assurance in accordance with paragraph 1 of this Article, the death penalty, if imposed by the courts of the Requesting State, shall not be carried out.

Article 7

Lapse of Time

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

Article 8

Extradition Procedures and Required Documents

  1. All requests for extradition shall be submitted through the diplomatic channel.
  2. All requests for extradition 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 [*19] the facts of the offense and the procedural history of the case;
    3. a copy of the law or a statement of the provisions of the law describing the essential elements of the offense for which extradition is requested;
    4. a copy of the law or a statement of the provisions of the law describing the punishment for the offense; and
    5. the documents, statements, or other types of information specified in paragraph 3 or paragraph 4 of this Article, as applicable.
  3. 3. 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;
    2. a copy of the charging document, if available; and
    3. a statement of the facts of the case summarizing the testimony of witnesses and describing physical and documentary evidence and disclosing reasonable grounds to believe that an offense was committed and the person sought committed it. For this purpose, the actual affidavits or testimony of witnesses need not be forwarded.
  4. 4. 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 [*20] or, a statement by a judicial authority that the person has been convicted;
    2. a copy of the sentence imposed, if the person sought has been sentenced, and a statement establishing to what extent the sentence has been carried out; and
    3. in the case of a person who has been convicted in absentia, the documents required in paragraph 3.
  5. If the information communicated by the Requesting State is considered to be insufficient to allow the Requested State to grant extradition, the latter State shall request the necessary supplementary information and may fix a time limit for the receipt thereof.
  6. If the person sought has been found guilty in absentia, the executive authority of the Requested State may refuse extradition, unless the Requesting State provides the Requested State with information which demonstrates that the person was afforded an adequate opportunity to present a defense.
  7. Except when this Treaty provides otherwise the procedures with regard to extradition and provisional arrest shall be governed solely by the law of the Requested State.

Article 9

Admissibility of Documents

Documents in support of an extradition request shall be received and admitted as evidence [*21] in extradition proceedings if:

  1. in the case of a request from the United States, they purport to be certified by a judge, magistrate, or officer in the United States to be the original documents or true copies of such documents and they are authenticated either by the oath of a witness or by the official seal of The Secretary of State of the United States;
  2. in the case of a request from the Republic of Cyprus, they are certified by the principal diplomatic or principal consular officer of the United States resident in the Republic of Cyprus, as provided by the extradition laws of the United States; or
  3. they are certified or authenticated in any other manner accepted by the laws in the Requested State.

Article 10

Translation

All documents submitted by the Requesting State shall be either in the language of the Requesting State or in the language of the Requested State but the latter State shall have the right to require a translation into its own language.

Article 11

Provisional Arrest

  1. In case of urgency, a Contracting State may request the provisional arrest of the person sought pending presentation of the request for extradition. A request for provisional arrest [*22] may be transmitted through the diplomatic channel or directly between the United States Department of Justice and the Ministry of Justice and Public Order of the Republic of Cyprus. The facilities of the International Criminal Police Organization (Interpol) may be used to transmit such a request.
  2. 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 citation of the law and a description of the criminal conduct involved;
    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.
  3. The Requesting State shall be notified without delay of the disposition of its application and the reasons for any denial.
  4. A person who is provisionally arrested may be discharged from custody upon the expiration of sixty (60) days from the date of provisional arrest pursuant to this Treaty if the executive authority of the Requested [*23] State has not received the formal 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 prejudice the subsequent rearrest and extradition of that person if the extradition request and supporting documents are delivered at a later date.

Article 12

Decision and Surrender

  1. The Requested State shall promptly notify the Requesting State through the diplomatic channel 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 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.
  4. If the person sought is not removed from the territory of the Requested State within the time prescribed by the laws in that State, that person may be discharged from custody, and the Requested State may subsequently refuse extradition for the same offense.

Article [*24] 13

Temporary and Deferred Surrender

  1. If the extradition request is granted in the case of a person who is being prosecuted 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 agreement in writing between the Contracting States.
  2. The Requested State may postpone the extradition proceedings against a person who is being prosecuted or who is serving a sentence in that State. The postponement may continue until the prosecution of the person sought has been concluded or until such person has served any sentence imposed.

Article 14

Requests for Extradition Made by More than One State

If the Requested State receives requests from the other Contracting State and from any other State or States for the extradition of the same person, either for the same offense or for different offenses, the executive authority of the Requested State shall determine [*25] 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:

  1. whether the requests were made pursuant to treaty;
  2. the place where each offense was committed;
  3. the respective interests of the Requesting States;
  4. the gravity of the offenses;
  5. the nationality of the victim;
  6. the possibility of further extradition between the Requesting States; and
  7. 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 laws, the Requested State may seize and surrender to the Requesting State all articles, documents, and evidence connected with the offense in respect of which extradition is granted. The items mentioned in this Article may be surrendered even when the extradition cannot be effected due to the death, disappearance, or escape of the person sought.
  2. The Requested State may condition the surrender of the property upon satisfactory assurances from the Requesting State that the property will be returned to the Requested State as soon as practicable. [*26] The Requested State may also defer the surrender of such property if it is needed as evidence in the Requested State.
  3. The rights of third parties in such property shall be duly respected.

Article 16

Rule of Speciality

  1. 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 8; and
      2. the person extradited may be detained by the Requesting State for 90 days, or for such longer period of time as the Requested State may authorize, while the request is being processed.
  2. A person extradited under this Treaty may not be extradited to a third State for an offense committed [*27] prior to his 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 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 17

Waiver of Extradition

If the person sought formally consents, by way of affidavit or otherwise, to surrender to the Requesting State, the Requested State may surrender the person as expeditiously as possible without further proceedings.

Article 18

Transit

  1. Either Contracting State may authorize transportation through its territory of a person surrendered to the other State by a third State. A request for transit shall be made through the diplomatic channel or directly between the United States Department of Justice and the Ministry of Justice and Public Order of the Republic of Cyprus. The facilities of Interpol may be used to transmit such a request. It shall contain a description of the [*28] person being transported and a brief statement of the facts of the case. A person in transit may be detained in custody during the period of transit.
  2. No authorization is required where air transportation is used and no landing is scheduled on the territory of the Contracting State. If an unscheduled landing occurs on the territory of the other Contracting State, the other Contracting State may require the request for transit as provided in paragraph 1. That Contracting State shall 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 19

Representation and Expenses

  1. The Requested State shall advise, assist, appear in court on behalf of the Requesting State, and represent the interests of the Requesting State, in any proceeding arising out of a request for extradition.
  2. The Requesting State shall bear the expenses related to the translation of documents and the transportation of the person surrendered. The Requested State shall pay all other expenses incurred in that State by reason of the extradition proceedings.
  3. Neither State shall make [*29] any pecuniary claim against the other State arising out of the arrest, detention, examination, or surrender of persons sought under this Treaty.

Article 20

Consultation

The United States Department of Justice and the Ministry of Justice and Public Order of the Republic of Cyprus may consult with each other directly or through the facilities of Interpol in connection with the processing of individual cases and in furtherance of maintaining and improving procedures for the implementation of this Treaty.

Article 21

Application

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

Article 22

Ratification and Entry into Force

  1. 1This Treaty shall be subject to ratification, and the instruments of ratification shall be exchanged at Nicosia as soon as possible.
  2. This Treaty shall enter into force upon the exchange of the instruments of ratification.
  3. Upon the entry into force of this Treaty, the Treaty for the Mutual Extradition of Criminals between the United States of America and Great Britain, signed at London December 22, 1931, shall cease to have any effect between the Government of the United States of America and the Government of [*30] the Republic of Cyprus. 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 Articles 16 and 17 of this Treaty shall be applicable to such proceedings.

Article 23

Termination

Either Contracting State may terminate this Treaty at any time by giving written notice to the other Contracting State 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 Washington, in duplicate, this seventeenth day of June, 1996, in the English and Greek languages, both texts being equally authentic. In case of divergence the English text shall prevail.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE REPUBLIC OF CYPRUS: