| Home > 107th Congressional Documents > T.Doc.107-4 EXTRADITION TREATY WITH LITHUANIA ...
T.Doc.107-4 EXTRADITION TREATY WITH LITHUANIA ...
107th Congress Treaty Doc. SENATE 2d Session 107-3 _______________________________________________________________________ TREATY WITH INDIA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS __________ MESSAGE from THE PRESIDENT OF THE UNITED STATES transmitting TREATY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS, SIGNED AT NEW DELHI ON OCTOBER 17, 2001 <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> April 8, 2002.--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 __________ U.S. GOVERNMENT PRINTING OFFICE 99-118 WASHINGTON : 2002 LETTER OF TRANSMITTAL ---------- The White House, April 8, 2002. 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 Treaty between the Government of the United States of America and the Government of the Republic of India on Mutual Legal Assistance in Criminal Matters, signed at New Delhi on October 17, 2001. I transmit also, for the information of the Senate, the report of the Department of State with respect to the Treaty. The Treaty is one of a series of modern mutual legal assistance treaties that the United States has concluded or is negotiating in order to counter criminal activities more effectively. The Treaty should be an effective tool to assist in the investigation and prosecution of a wide variety of modern crimes, including terrorism-related crimes, drug trafficking, and ``white collar'' crimes. The Treaty is self- executing. The Treaty provides for a broad range of cooperation in criminal matters and related proceedings. Mutual assistance available under the Treaty includes: (1) Taking the testimony or statements of persons; (2) providing documents, records, and items of evidence; (3) locating or identifying persons or items; (4) serving documents; (5) transferring persons in custody for testimony or other purposes; (6) executing requests for searches and seizures; (7) assisting in proceedings relating to seizure and forfeiture of assets, restitution, and collection of fines; and (8) rendering any other form of assistance not prohibited by the laws of the Requested State. I recommend that the Senate give early and favorable consideration to the Treaty and give its advice and consent to ratification. George W. Bush. LETTER OF SUBMITTAL ---------- The Secretary of State, Washington, January 9, 2002. 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 India on Mutual Legal Assistance in Criminal Matters (the ``Treaty''), signed at New Delhi on October 17, 2001. I recommend that the Treaty be transmitted to the Senate for its advice and consent to ratification. The Treaty covers mutual legal assistance in criminal matters. During 2001, similar bilateral treaties entered into force with France, Egypt, Romania, Greece, South Africa, Ukraine, Brazil, and Luxembourg. This Treaty contains many provisions similar to those in these other treaties and all of the essential provisions sought by the United States. It will enhance our ability to investigate and prosecute a variety of offenses, including organized crime, terrorism-related crime, drug trafficking, economic crimes, money laundering, and other forms of white collar crime of particular interest to the law enforcement community. The Treaty is designed to be self- executing and will not require implementing legislation. Article 1 sets out the scope of assistance available under the Treaty. Article 1(2) contains a non-exhaustive list of the major types of assistance to be provided under the Treaty, including: taking the testimony or statements of persons; providing documents, records, and items of evidence; locating or identifying persons or items; serving documents; transferring persons in custody for testimony or other purposes; executing requests for searches and seizures; assisting in proceedings related to seizure and forfeiture of assets, restitution, and collection of fines; and any other form of assistance not prohibited by the laws of the Requested State. The scope of the Treaty includes the obligation to provide assistance not only with respect to the investigation, prosecution, and prevention of criminal offenses, but also with respect to proceedings related to criminal matters, which may be civil or administrative in nature. Article 1(3) states that assistance must be provided without regard to whether the conduct that is the underlying subject to the investigation, prosecution, or proceeding in the Requesting State would constitute an offense in the Requested State. Article 1(4) makes clear that the Treaty is not designed to be utilized by non-governmental parties or institutions who seek evidence for use in private matters. Similarly, the Treaty is not intended to create any right on the part of a private person to obtain, suppress, or exclude evidence, or to impede the execution of a request. Article 2 provides for the establishment of Central Authorities and defines the Central Authorities for purposes of the Treaty. For the United States, the Central Authority is the Attorney General or a person designated by the Attorney General. For India, the Central Authority is the Ministry of Home Affairs or a person designated by the Ministry of Home Affairs. The article also provides that the Central Authorities shall communicate directly with one another for the purposes of the Treaty. Article 3 sets forth the circumstances under which the Requested State's Central Authority may deny assistance under the Treaty. A request may be denied if it relates to the military offense that would not be a crime under ordinary criminal law, or if its execution would prejudice the security or similar essential interests of the Requested State. In addition, a request may be denied if the request relates to a political offense (a term expected to be defined on the basis of the term's usage in extradition treaties) or is not made in conformity with the Treaty. As a number of mutual legal assistance treaties have done recently, Article 3 enumerates several serious offenses that will not be considered political offenses, including those proscribed in the three UN narcotics conventions and most of the offenses proscribed by the UN counter-terrorism conventions to which the United States is a party. Before denying assistance under Article 3, the Central Authority of the Requested State is required to consult with its counterpart in the Requesting State to consider whether assistance can be given subject to such conditions as the Central Authority of the Requested State deems necessary. If the Requesting State accepts assistance subject to conditions, it must comply with them. If the Central Authority of the Requested State denies assistance, it must inform the Central Authority of the Requesting State of the reasons for the denial. Article 4 prescribes the form and content of written requests under the Treaty, specifying in detail the information required to be provided to the Requested State in each case. The article permits requests to be made in other forms in urgent situations, but requires written confirmation of the request within ten days unless the Central Authority of the Requested State agrees otherwise. The article specifies further information to be provided, to the extent necessary and possible, to assist in locating individuals and items and effecting particular types of assistance. Unless otherwise agreed, all requests must be in English. Article 5 concerns the execution of request. Article 5(1) requires the Central Authority of the Requested State to execute promptly a request, or to transmit it to the authority with jurisdiction to do so. The competent authorities of the Requested State have authority to issue subpoenas, search warrants, or other orders necessary to execute the request. Under article 5(2), the Central Authority of the Requested State must make all necessary arrangements for the representation in the Requested State of the Requesting State in any proceedings arising out of a request. Under Article 5(3), requests are to be executed in accordance with the laws of the Requested State unless the Treaty provides otherwise. However, the method of execution specified in the request shall be followed except insofar as it is prohibited by the laws of the Requested State. Pursuant to Article 5(4), the Requested State cannot decline execution of a request on the ground of bank secrecy. If the Central Authority of the Requested State determines that execution of the request would interfere with an ongoing criminal investigation, prosecution, or proceeding, Article 5(5) authorizes it to postpone execution, or after consultations with the Requesting State, impose conditions on such execution. If the Requesting State accepts assistance subject to such conditions, it must comply with them. Article 5 further requires the Requested State to use its best effort to keep confidential a request and its contents, if so requested, and to inform the Requesting State if the request cannot be executed without breaching confidentiality. The Requested State must also inform the Requesting State of the outcome of the request's execution and provide explanations for any denial, delay, or postponement. Article 6 appropriations between the two States the costs incurred in executing a request. It Provides that the Requested State must pay all costs, including the costs of representation, except for the fees of expert witnesses, translation costs, and travel expenses, which are the responsibility of the Requesting State, at the Requested State's request, not to use any information or evidence obtained under the Treaty for purposes unrelated to the investigation, prosecution, or proceedings described in the request without the prior consent of the Requested State. If the Requested State requests that information or evidence furnished be kept confidential, or be used subject to terms and conditions, the Requesting State is required to use its best efforts to comply with the conditions specified. However, the Article states that nothing in Article 7 precludes the use or disclosure of information or evidence that is exculpatory to a defendant in a criminal prosecution. The Requested State must be notified in advance of any such use or disclosure. Once information is made public in the Requesting State in accordance with the Treaty, no further limitations on use apply. Article 8 provides that the Requested State must compel, if necessary, the taking of testimony or production of documents or other evidence in its territory on behalf of the Requesting State. The article requires the Requested State, upon request, to inform the Requesting State in advance of the date and place of the taking of testimony or evidence. Article 8(3) requires the Requested State to permit the presence of any persons specified in the request (such as the accused, counsel for the accused, or other interested persons) and to permit such persons to pose questions to be asked of the person whose testimony or evidence is being taken. In the event that a person whose testimony or evidence is being taken asserts a claim of immunity, incapacity, or privilege under the laws of the Requesting State, Article 8(4) provides that the testimony or evidence is still to be taken and the claim made known to the Requesting State for resolution by its authorities. Finally, Article 8(5) states that evidence produced pursuant to this article or that has been the subject of testimony under this article shall be transmitted in a form or with a certification requested by the Requesting State in order to make it admissible in the Requesting State. The Treaty includes two forms that may be used when the United States is the Requesting Party in this scenario. Article 8(5) states that both the documents provided and the forms will be admissible in evidence in the United States. Form A is for certification of business records and Form B is for certification of the absence or nonexistence of business records. Article 9 requires that the Requested State provide the Requesting State with copies of publicly available records or information of government departments and agencies. Under Article 9(2), the Requested State may further provide copies of other records or information in the possession of a government department or agency but not publicly available, to the same extent and under the same conditions as it would to its own law enforcement or judicial authorities. Upon request, records produced pursuant to this article must be authenticated by the official of the Requested State who is responsible for maintaining them, and then transmitted in a form or with a certification requested by the Requesting State in order to make them admissible in the Requesting State. The Treaty includes two additional forms that may be used when the United States is the Requesting State in this scenario. Article 9(3) states that both the document provided and each form will be admissible in evidence in the United States. Form C is for attesting to the authenticity of official government records and Form D is for certification of the absence or nonexistence of official government records. Article 10 provides a mechanism for the Requesting State to invite the voluntary appearance and testimony of a person located in the Requested State and to indicate the extent to which expenses will be paid. The Central Authority of the Requested State is required to invite the person to appear and to promptly inform the Central Authority of the Requesting State of the person's response. Under Article 10(2), the person appearing in the Requesting State is protected from service of process, detention, or restriction of personal liberty, by reason of any acts or convictions preceding that person's departure from the Requested State. As Article 10(3) details, such ``safe conduct'' ceases ten days after the Central Authority of the Requesting State gives notice to the Central Authority of the Requested State that the person's presence is no longer required, or if the person voluntarily returns to the Requesting State after leaving it. The Requesting State may extend this period for up to twenty days. Article 11 provides for the voluntary transfer to the territory of one State of a person in custody in the other State for purposes of assistance under the Treaty, provided that the person in question and both Central Authorities agree. The article establishes the express authority and the obligation of the receiving State to maintain the person transferred in custody unless otherwise authorized by the sending State. It further obligates the receiving State to
Other Popular 107th Congressional Documents Documents:
|GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.|
Supreme Court Decisions
104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents
1994 Presidential Documents