S.I. No. 45/2010 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2010.

1. The Requesting State shall bear all expenses arising out of the translation of documents and the transportation of the person sought from the place of the extradition proceedings to the Requesting State. Notwithstanding any law to the contrary, the Requested State shall bear all other expenses arising out of the request for extradition and the proceedings.

2. The Requested State shall make no pecuniary claim against the Requesting State arising out of the arrest, detention, extradition proceedings and surrender of a person sought under this Treaty.

Article XVIII

Termination

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

GIVEN under my Official Seal,

30 January 2010.

MICHEÁL MARTIN,

Minister for Foreign Affairs.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

The effect of this Order (which amends the Extradition Act 1965 (Application of Part II) Order 2000) is to apply in relation to the United States of America the provisions of Part II of the Extradition Act, 1965. Its purpose is to enable the extradition of persons in pursuance of the arrangements for extradition entered into by way of the Agreement on Extradition between the European Union and the United States of America, signed at Washington D.C. on 25 June 2003, and the Instrument as contemplated by Article 3(2) of that Agreement as to the Application of the 1983 Treaty on Extradition between Ireland and the United States of America, signed at Dublin on 14 July 2005.

3. The functions referred to in this Article may be assumed by any successor agency designated by the State concerned.

Article XVII

Expenses

4. These stipulations shall not apply to offences committed after the extradition.

Article XII

Multiple Requests

5. When the request for extradition relates to a convicted person, it shall also be supported

(

a

) by the original or an authenticated copy of the judgment of conviction; and

(

b

) if a sentence has been imposed, by the original or an authenticated copy of the sentence and a statement of the extent to which it has been carried out and that it is immediately enforceable.

6. All documents transmitted by the Requesting State shall be in English or shall be translated into English by that State.

7. Documents that bear the certificate or seal of the Department of Justice, or Department responsible for foreign affairs, of the Requesting State shall be admissible in extradition proceedings in the Requested State without further certification, authentication, or other legalisation. “Department of Justice” shall, for the United States of America, mean the United States Department of Justice, and, for Ireland, the Department of Justice, Equality and Law Reform.

8. If the person whose extradition is sought is held under provisional arrest by the Requested State, the Requesting State may satisfy its obligation to transmit its request for extradition and supporting documents through the diplomatic channel pursuant to paragraph 1 of this Article, by submitting the request and documents to the Embassy of the Requested State located in the Requesting State. In that case, the date of receipt of such request by the Embassy shall be considered to be the date of receipt by the Requested State for purposes of applying the time limit that must be met under Article X of this Treaty to enable the person’s continued detention.

Article VIII

bis

Sensitive information in a request

Where the Requesting State contemplates the submission of particularly sensitive information in support of its request for extradition, it may consult the Requested State to determine the extent to which the information can be protected by the Requested State. If the Requested State cannot protect the information in the manner sought by the Requesting State, the Requesting State shall determine whether the information shall nonetheless be submitted.

Article IX

Additional Evidence or Information

S.I. No. 45 of 2010

EXTRADITION ACT 1965 (APPLICATION OF PART II) (AMENDMENT) ORDER 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th February

, 2010.

WHEREAS by the Treaty on Extradition between the State and the United States of America, signed at Washington D.C. on the 13th day of July 1983 (hereinafter referred to as “the United States Treaty”), an arrangement was made with the United States of America for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II thereof;

AND WHEREAS the terms of the United States Treaty were approved by Dáil Éireann on the 25th day of November 1986;

AND WHEREAS the Agreement on Extradition between the European Union and the United States of America (the terms of which are set out in Part A of Schedule 9 (inserted by Article 2 of this Order) of the Extradition Act 1965 (Application of Part II) Order 2000 (

S.I. No. 474 of 2000

)), signed at Washington D.C. on the 25th day of June 2003 (hereinafter referred to as “the U.S.-EU Extradition Agreement”), provides for enhancements to cooperation in the context of applicable extradition relations between the Member States of the European Union and the United States of America governing extradition of offenders;

AND WHEREAS the terms of the U.S.-EU Extradition Agreement were approved by Dáil Éireann and Seanad Éireann on the 16th day of October 2008;

AND WHEREAS an Instrument as contemplated by Article 3(2) of the Agreement on Extradition between the European Union and the United States of America signed 25 June 2003, as to the Application of the Treaty on Extradition between Ireland and the United States of America signed on 13 July 1983 (hereinafter referred to as “the Instrument”, the terms of which are set out in Part B of Schedule 9 (inserted by Article 2 of this Order) of the Extradition Act 1965 (Application of Part II) Order 2000 (

S.I. No. 474 of 2000

)), signed at Dublin on the 14th day of July 2005;

AND WHEREAS the Instrument was approved by Dáil Éireann on the 21st day of October 2008;

AND WHEREAS by Council Decision 2009/820/CFSP, the U.S.-EU Extradition Agreement was approved on behalf of the European Union on the 23rd day of October 2009;

AND WHEREAS by notes exchanged on the 10th day of August 2009 and the 12th day of August 2009, the State and the United States of America, respectively, have, in accordance with Article 5(

a

) of the Instrument, notified each other that their respective applicable internal procedures for the entry into force of the Instrument have been completed;

NOW I, Micheál Martin, Minister for Foreign Affairs, in exercise of the powers conferred on me by section 8 (amended by

section 49

of the

European Arrest Warrant Act 2003

(No. 45 of 2003)) of the

Extradition Act 1965

(No. 17 of 1965) and after consultation with the Minister for Justice, Equality and Law Reform, hereby make the following order