EXTRADITION (DESIGNATED FOREIGN COUNTRIES) ORDER

EXTRADITION (DESIGNATED FOREIGN COUNTRIES)

SUBSIDIARY LEGISLATION 276.02

EXTRADITION (DESIGNATED FOREIGN

COUNTRIES) ORDER

28th May, 1996

LEGAL NOTICE 120 of 1996, as amended by Legal Notices 191 of 1996

and 78 of 1997.

The title of this Order is the Extradition (Designated

Foreign Countries) Order.

(Article 4)

FOREIGN STATES PARTIES TO THE CONVENTION

Afghanistan

Lesotho

Algeria

Libya

Antigua and Barbuda

Luxembourg

Argentina

Madagascar

Armenia

Malawi

Azerbaijan

Malaysia

Bahamas

Mali

Bahrain

Mauritania

Bangladesh

Mexico

Belarus

Morocco

Belgium

Myanmar

Bhutan

Nepal

Bolivia

Netherlands

Bosnia and Herzegovina Nicaragua

Brazil

Niger

Brunei

Nigeria

Darussalam

Norway

Bulgaria

Oman

Burkina Faso

Pakistan

Burundi

Panama

Cameroon

Paraguay

Cape Verde

Peru

Chad

Poland

Chile

Portugal

China

Qatar

EXTRADITION (DESIGNATED FOREIGN COUNTRIES)

Colombia

Republic of Moldova

Costa Rica

Romania

Cote d’Ivoire

Russian Federation

Croatia

Saint Kitts and Nevis

Czech Republic

Saint Lucia

Denmark

Saint Vincent and the Grenadines

Dominica

Saudi Arabia

Dominican Republic

Senegal

Equador

Seychelles

Egypt

Sierra Leone

El Salvador

Slovakia

Ethiopia

Slovenia

Fiji

Spain

Finland

Sri Lanka

France

Sudan

Germany

Suriname

Ghana

Swaziland

Greece

Sweden

Granada

Syria

Guatemala

The former Yugoslav Republic of

Macedonia

Guinea

Togo

Guinea-Bissau

Tunisia

Guyana

Uganda

Haiti

Ukraine

Honduras

United Arab Emirates

Hungary

United States of America

India

Uruguay

Iran

Uzbekistan

Italy

Venezuela

Japan

Yugoslavia

Jordan

Zambia

Kenya

Zimbabwe

Kyrgyzstan

Latvia

In this Order, unless the context otherwise requires -

"the Convention" means the United Nations Convention against

Illicit Traffic in Narcotic Drugs and Psychotropic Substances

opened for signature at Vienna from 20th December, 1988 until

28th February, 1989 and subsequently at the United Nations

Headquarters, New York until 20th December, 1989, the terms of

which are set out in the relevant convention published in the

Government Gazette dated 24th May, 1996;

"the relevant Act" means the Extradition Act;

"the relevant date" shall mean the 28th May, 1996;

"requesting country" means a country making an extradition

request.

Any arrangement as is referred to in articles 7 and 30 of the

relevant Act with any country listed in the Schedule, which on the

relevant date is still applicable to Malta, shall as may be necessary

and with effect from the relevant date be deemed to be

supplemented by paragraph 2 of Article 6 of the Convention and

any such arrangement shall be construed accordingly.

(1) Those countries listed in the Schedule with which no

arrangement as referred to in articles 7 and 30 of the relevant Act

exists on the relevant date, are hereby being designated as foreign

countries for the purposes of article 6 of the said Act only in

respect of an offence as is referred to in paragraph 2 of Article 6 of

the Convention and subject to the provisions of the following

subarticles.

(2) In the case of a country to which subarticle (1) applies, no

proceedings shall be taken on an application for a provisional arrest

warrant under article 14(1)(b) of the relevant Act and no such

warrant shall be issued unless the application is made with the

consent of the Minister responsible for justice signified by means

of an appropriate certificate to that effect; but subject as aforesaid

the signification of consent shall not affect the provisions of the

said article 14.

(3) In the case of an extradition request from a country to

which subarticle (1) applies in respect of an offence referred to in

the same subarticle and without prejudice to his so deciding on

other grounds, the Minister responsible for justice may, in the

EXTRADITION (DESIGNATED FOREIGN COUNTRIES)

circumstances mentioned in subarticle (4), decide not to make an

order under article 13 or article 21 of the relevant Act or for the

purposes of subarticle (2) signifying his consent to an application

for a provisional warrant.

(4) The Minister responsible for justice may decide as

provided in subarticle (3) where the Minister is not satisfied that

provision is made by the law of the requesting country under which

a person accused or convicted in Malta of the like offence as that to

which the request refers might be surrendered to Malta if found in

the requesting country.