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T.Doc.104-23 PROTOCOL AMENDING ARTICLE VIII OF THE 1948 TAX CONVENTION WITH ...


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   104th Congress 1st 
         Session
_______________________________________________________________________


                                 SENATE              Treaty Doc.
                                                        104-22


 
                    EXTRADITION TREATY WITH BOLIVIA

                               __________

                                MESSAGE

                                  FROM

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

 THE EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF 
AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA, SIGNED AT LA PAZ 
                            ON JUNE 27, 1995

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


 October 10, 1995.--Treaty was read the first time and, together with 
the accompanying papers, referred to the Committee on Foreign Relations 
          and ordered to be printed for the use of the Senate
                         LETTER OF TRANSMITTAL

                              ----------                              

                                 The White House, October 10, 1995.
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 Bolivia, signed at La Paz 
on June 27, 1995.
    I transmit also, for the information of the Senate, the 
report of the Department of State with respect to the Treaty, 
and copies of diplomatic notes dated June 27, 1995, which were 
exchanged at the time of signing of the Treaty. Those notes set 
forth the expectations of the two Governments regarding the 
types of assistance each Government would provide to the other 
in extradition proceedings, pursuant to Article XVI of the 
Treaty.
    The Treaty establishes the conditions and procedures for 
extradition between the United States and Bolivia. It also 
provides a legal basis for temporarily surrendering prisoners 
to stand trial for crimes against the laws of the Requesting 
State.
    The Treaty represents an important step in combatting 
narcotics trafficking and terrorism, by providing for the 
mandatory extradition of nationals of the Requested State in a 
broad range of serious criminal offenses.
    The provisions in this Treaty are substantively similar to 
those of other extradition treaties recently concluded by the 
United States.
    This Treaty will make a significant contribution to 
international cooperation in law enforcement. 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, September 22, 1995.
The President,
The White House.
    The President: I have the honor to submit to you the Treaty 
between the Government of the United States of America and the 
Government of the Republic of Bolivia on Extradition (the 
``Treaty''), signed at La Paz on June 27, 1995. I recommend 
that the Treaty be transmitted to the Senate for its advice and 
consent to ratification.
    Also enclosed, for the information of the Senate, are 
copies of diplomatic notes, dated June 27, 1995, which were 
exchanged by the Government of the United States and the 
Government of the Republic of Bolivia at the time the Treaty 
was signed. The notes set forth the Governments' expectations 
regarding the types of assistance each Government would provide 
to the other, pursuant to Article XVI of the Treaty, in 
extradition proceedings.
    The Treaty is substantively similar to other extradition 
treaties recently concluded by the United States. It represents 
a concerted effort by the Department of State and the 
Department of Justice to modernize the legal tools available 
for the extradition of serious offenders such as narcotics 
traffickers and terrorists. The Treaty will supersede the 
Treaty of Extradition currently in force between the United 
States and Bolivia, signed at La Paz April 21, 1900.
    Article I obligates each Party to extradite to the other, 
pursuant to the provisions of the Treaty, any person charged 
with, found guilty of, or sentenced for an offense described in 
Article II.
    In Article II, the Parties agree that an offense shall be 
extraditable if it is punishable under the laws of both parties 
by deprivation of liberty for a maximum period of more than one 
year or by a more severe penalty. The Article also provides 
that attempts or conspiracies to commit such offenses, or 
participation or association in their commission, are also 
extraditable offenses. Inclusion of a dual-criminality clause 
without a list of specific offenses covered by the Treaty (such 
as was included in older extradition treaties), obviates the 
need to renegotiate or supplement the Treaty as offenses become 
punishable under the laws of both parties.
    Among other things, Article II further provides that in 
determining whether an offense is covered under the Treaty, it 
shall be irrelevant whether or not the laws in the Contracting 
Parties place the offenses within the same category of 
offenses, contain the same elements, or describe the offense by 
the same terminology, as long as the underlying conduct is 
criminal in both States. With regard to offenses committed 
outside the territory of the Requesting State, the Article 
specifies that an offense covered under the Treaty shall be an 
extraditable one regardless of where the act or acts 
constituting the offense were committed.
    Article II also provides that, if extradition has been 
granted for an extraditable offense, it shall likewise be 
granted for any other offense specified in the extradition 
request, even if the latter is punishable by one year or less 
of deprivation of liberty, provided that all other requirements 
for extradition are met.
    Article III grants discretion to each Party to deny 
extradition of its own nationals, except with respect to 
certain specified offenses as to which extradition is mandatory 
irrespective of nationality. Such offenses include those with 
respect to which there is an obligation to establish criminal 
jurisdiction pursuant to multilateral international treaties in 
force with respect to the Parties, including the United Nations 
Convention Against the Illicit Traffic in Narcotic Drugs and 
Psychotropic Substances, done at Vienna on December 20, 1988, 
and certain international conventions against terrorism.
    Article III also renders mandatory the extradition of 
nationals for certain specified offenses, including, inter 
alia, murder, kidnapping, rape, drug- and terrorism-related 
offenses, and organized criminal activity. This provision also 
contains a catch-all for offenses punishable in both States by 
deprivation of liberty for a maximum period of at least ten 
years. Finally, extradition of nationals is mandatory for an 
attempt or conspiracy to commit, participation in, or 
association regarding the commission of any of the offenses 
described in the Article.
    Article IV sets forth bases for the discretionary denial of 
extradition. Article IV(1) provides that, when an offense for 
which extradition is sought is punishable by death under the 
laws of the Requesting State and is not so punishable under the 
laws of the Requested State, the Executive Authority of the 
Requested State may refuse extradition, unless the Requesting 
State provides assurances that the death penalty will not be 
imposed or, if imposed, will not be carried out. Article IV(2) 
allows the Parties to deny extradition for offenses under 
military law which are not offenses under ordinary criminal 
law.
    Article V describes the bases for the non-discretionary 
denial of extradition. Article V(1) states that extradition 
shall not be granted for political offenses. However, the 
provision expressly excludes from the reach of this exception 
several categories of offenses:
          (a) a murder of 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;
          (b) an offense for which both Parties are obliged 
        pursuant to a multilateral international treaty to 
        establish criminal jurisdiction (e.g., aircraft 
        hijacking pursuant to 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; T.I.A.S. No. 7192); 
        aircraft sabotage pursuant to the Montreal Convention 
        for the Suppression of Unlawful Acts Against the Safety 
        of Civil Aviation, done at Montreal September 23, 1971, 
        and entered into force January 26, 1973 (24 U.S.T. 564; 
        T.I.A.S. No. 7570); narcotics trafficking under the 
        United Nations Convention Against Illicit Traffic in 
        Narcotic Drugs and Psychotropic Substances, done at 
        Vienna December 20, 1988, and entered into force 
        November 11, 1990; and the Single Convention on 
        Narcotic Drugs, done at New York on March 30, 1961, and 
        entered into force December 13, 1964 (18 U.S.T. 1407; 
        T.I.A.S No. 6298); and
          (c) a conspiracy or attempt to commit any of the 
        offenses described above, or aiding or abetting a 
        person who commits or attempts to commit those 
        offenses.
    Article V(2) 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 previously 
initiated against the person sought for that offense.
    Articles VI and VII address the procedures by which 
extradition is to be accomplished. Article VI describes the 
documents that are required to support a request for 
extradition. Article VII establishes the procedures under which 
documents submitted pursuant to Article VI shall be received 
and admitted into evidence in the Requested State. Article VII 
also provides that all documents submitted by the Requesting 
State shall be translated into the language of the Requested 
State, at the expense of the Requesting State.
    Article VIII provides for the provisional arrest and 
detention of the person sought for no more than sixty days 
pending receipt by the Requested State of a fully documented 
extradition request in conformity with Article VI. The Article 
explicitly states that the release of the person sought upon 
expiration of the sixty-day period does not prejudice 
subsequent rearrest and extradition upon later delivery of the 
extradition request and supporting documents.
    Article IX specifies the procedures to govern the surrender 
and return of fugitives. The Requested State is requested to 
notify promptly the Requesting State of its decision on 
extradition and, if the request is denied in whole or in part, 
to provide an explanation for its denial. If the request is 
granted, and surrender is authorized, the person sought must be 
removed from the territory of the Requested State within the 
time prescribed by the laws or regulations (if any) of the 
Requested State.
    Article X sets forth criteria for decision by the Parties 
in cases where multiple States request the extradition of the 
same person.
    Article XI provides that is a person is being prosecuted or 
is serving a sentence in the Requested State, that State may 
(a) temporarily surrender the person to the Requesting State 
solely for the purpose of prosecution, or (b) defer surrender 
until the proceedings are concluded or the sentence is served.
    Article XII sets forth the rule of speciality for this 
treaty. It provides, subject to specific exceptions, that a 
person extradited under the Treaty may not be detained, tried, 
convicted, or punished for an offense other than that for which 
extradition has been granted. Similarly, the Requesting State 
may not surrender or transfer such person to a third State for 
an offense committed prior to the person's surrender under this 
Treaty. The Article articulates several exceptions to this 
rule: if the surrendering State consents; if the person 
extradited fails to leave the Requesting State within thirty 
days of being free to do so; or if, having left the Requesting 
State, the extradited person voluntarily returns to it.
    Article XIII permits surrender of the person sought without 
further proceedings if that person gives his or her consent.
    Article XIV provides that, to the extent permitted under 
its law, and with due respect to the rights of third parties, 
the Requested State may seige and surrender to the Requesting 
State property related to the offense for which extradition is 
requested.
    Article XV governs the transit through a Party's territory 
of a person being surrendered to the other Party by a third 
State.
    Article XVI contains provisions on representation, 
consultation, and expenses. Specifically, the competent 
authorities of the Requested State are required, by all legal 
means within their power, to advise, assist and represent the 
interests of the Requesting State in connection with the 
processing of extradition cases in the Requested State. 
Further, the parties agree, pursuant to this Article, to 
consult with each other to maintain and improve the procedures 
for implementation of the Treaty. The Requesting State shall 
bear the expenses related to the translation of documents and 
the transportation of the person surrendered. The Article also 
specifies that neither State shall make any pecuniary claim 
against the other State arising out of the arrest, detention, 
custody, examination, or surrender of a person sought under the 
Treaty. At the time the Treaty was signed, the Governments of 
the United States and the Republic of Bolivia exchanged 
diplomatic notes setting forth their expectations regarding the 
types of assistance each Government would provide to the other 
in extradition proceedings. A copy of those notes is provided 
to the Senate for its information.
    Article XVII, like analogous provisions in almost all 
recent United States extradition treaties, states that the 
Treaty is retroactive, in that it shall apply to offenses 
committed before as well as after the date the Treaty enters 
into force. In addition, the Treaty will apply to cases still 
pending at the time of its entry into force.
    Article XVIII contains final clauses dealing with the 
Treaty's ratification, entry into force and termination. 
Paragraph 1 states that the Treaty shall be subject to 
ratification; that the instruments of ratification shall be 
exchanged as soon as possible; and that the Treaty shall enter 
into force upon the exchange of instruments of ratification. 
Paragraph 2 provides that upon entry into force of the Treaty, 
the Treaty of Extradition done at La Paz on April 21, 1900, 
shall cease to have effect. Paragraph 3 provides that either 
Party may terminate the Treaty at any time by giving written 
notice to the other Party, which termination shall be effective 
six months after the date of notice.
    A Technical Analysis explaining in detail the provisions of 
the Treaty is being prepared by the United States negotiating 
delegation and will be submitted separately to the Senate 

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