S.I. No. 339/2019 - Extradition (Second Additional Protocol to the European Convention on Extradition) Order 2019

1. For offences in connection with taxes, duties, customs and exchange extradition shall take place between the Contracting Parties in accordance with the provisions of the Convention if the offence, under the law of the requested Party, corresponds to an offence of the same nature.

2. Extradition may not be refused on the ground that the law of the requested Party does not impose the same kind of tax or duty or does not contain a tax, duty, custom or exchange regulation of the same kind as the law of the requesting Party.

Ireland made a declaration when ratifying the Second Additional Protocol that it does not accept Chapters I, III, IV or V of the Protocol. Accordingly these Chapters of the Second Additional Protocol will not have effect with respect to the State.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

12

th July,

2019.

WHEREAS by the European Convention on Extradition done at Paris on 13 December 1957 (referred to subsequently in these recitals as “the 1957 Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the 1957 Convention was ratified on behalf of the State on 12 July 1988;

AND WHEREAS by the Second Additional Protocol to the European Convention on Extradition (the terms of which are set out in Part A of Schedule 1 to the following Order), done at Strasbourg on 17 March 1978 (referred to subsequently in these recitals as “the Second Additional Protocol”), to which the State is a party, an arrangement (within the meaning of

section 8

(2) of the

Extradition Act 1965

(No. 17 of 1965)) was made with other parties to that Protocol amending the 1957 Convention;

AND WHEREAS the Second Additional Protocol was ratified on behalf of the State on 22 March 2019, subject to the declaration specified in Part B of Schedule 1 to the following Order;

AND WHEREAS the Second Additional Protocol has also been ratified or acceded to by the countries specified in Part A of Schedule 2 to the following Order, subject to the reservations and declarations specified in Part B of that Schedule;

AND WHEREAS it is intended accordingly to make a declaration pursuant to

section 8

(2) of the

Extradition Act 1965

(No. 17 of 1965) in respect of the Second Additional Protocol;

NOW I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 8 (amended by

section 57

(3) of the

Criminal Justice (Terrorist Offences) Act 2005

(No. 2 of 2005)) of the

Extradition Act 1965

(No. 17 of 1965) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2011 (

S.I. No. 246 of 2011

)), and after consultation with the Minister for Justice and Equality, hereby order as follows