S.I. No. 393/2019 - Extradition (United States of America) Order 2019

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,

18 July, 2019.

SIMON COVENEY,

Minister for Foreign Affairs and Trade.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation

.)

The purpose of this Order is to apply the provisions of Part II of the

Extradition Act 1965

, as amended, to the United States of America.

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

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

9

th August,

2019.

WHEREAS by the Treaty on Extradition between the State and the United States of America, signed at Washington D.C. on 13 July 1983 (referred to subsequently in these recitals 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 by resolution passed by it on 25 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 Schedule 1 hereto), signed at Washington D.C. on 25 June 2003 (referred to subsequently in these recitals 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 by resolutions passed by both Houses on 16 October 2008;

AND WHEREAS an Instrument as contemplated by Article 3(2) of the U.S.-EU Extradition Agreement, as to the Application of the United States Treaty (referred to subsequently in these recitals as “the Instrument”, the terms of which are set out in Schedule 2 hereto ), was signed at Dublin on 14 July 2005;

AND WHEREAS the Instrument was approved by Dáil Éireann by resolution passed by it on 21 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 23 October 2009;

AND WHEREAS by notes exchanged on 11 August 2009 and 12 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, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of powers conferred on me by section 8 (amended by

section 57

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