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the Australian Treaty, notified each other that their respective requirements for the entry into force of the Australian Treaty have been complied with; AND WHEREAS by the Treaty on Extradition between the State and the United States of America (the terms of which are set out in the Ninth Schedule hereto), signed at Washington on the 13th day of July, 1983 (hereinafter referred to 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 on the 25th day of November, 1986; AND WHEREAS the United States Treaty has been ratified on behalf of the State and of the United States of America and the instruments of ratification referred to therein were exchanged at Dublin on the 13th day of January, 1987; AND WHEREAS it is intended accordingly to apply Part II of the Extradition Act, 1965 (No. 17 of 1965), to each of the countries (other than the United Kingdom of Great Britain and Northern Ireland) specified in the said Table and to make declarations pursuant to section 8

the provisions of this Convention, for offences in connection with taxes, duties, customs and exchange only if the Contracting Parties have so decided in respect of any such offence or category of offences. Article 6 — Extradition of nationals 1. (

1. a)A Contracting Party shall have the right to refuse extradition of its nationals. (
2. b)Each Contracting Party may, by a declaration made at the time of signature or of deposit of its instrument of ratification or accession, define as far as it is concerned the term “nationals” within the meaning of this Convention. (
3. c)Nationality shall be determined as at the time of the decision concerning extradition. If, however, the person claimed is first recognised as a national of the requested Party during the period between the time of the decision and the time contemplated for the surrender, the requested Party may avail itself of the provision contained in sub-paragraph a of this article. 2. If the requested Party does not extradite its national, it shall at the request of the requesting Party submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. For this purpose, the files, information and exhibits relating to the offence shall be transmitted without charge by the means provided for in Article 12, paragraph 1. The requesting Party shall be informed of the result of its request. Article 7 — Place of commission 1. The requested Party may refuse to extradite a person claimed for an offence which is regarded by its law as having been committed in whole or in part in its territory or in a place treated as its territory. 2. When the offence for which extradition is requested has been committed outside the territory of the requesting Party, extradition may only be refused if the law of the requested Party does not allow prosecution for the same category of offence when committed outside the latter Party's territory or does not allow extradition for the offence concerned. Article 8 — Pending proceedings for the same offences The requested Party may refuse to extradite the person claimed if the competent authorities of such Party are proceeding against him in respect of the offence or offences for which extradition is requested. Article 9 — Non bis in idem Extradition shall not be granted if final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the offence or offences for which extradition is requested. Extradition may be refused if the competent authorities of the requested Party have decided either not to institute or to terminate proceedings in respect of the same offence or offences. Article 10 — Lapse of time Extradition shall not be granted when the person claimed has, according to the law of either the requesting or the requested Party, become immune by reason of lapse of time from prosecution or punishment. Article 11 — Capital punishment If the offence for which extradition is requested is punishable by death under the law of the requesting Party, and if in respect of such offence the death-penalty is not provided for by the law of the requested Party or is not normally carried out, extradition may be refused unless the requesting Party gives such assurance as the requested Party considers sufficient that the death-penalty will not be carried out. Article 12 — The request and supporting documents 1. The request shall be in writing and shall be communicated through the diplomatic channel. Other means of communication may be arranged by direct agreement between two or more Parties. 2. The request shall be supported by: a. the original or an authenticated copy of the conviction and sentence or detention order immediately enforceable or of the warrant of arrest or other order having the same effect and issued

the procedure laid down in the law of the requesting Party; b. a statement of the offences for which extradition is requested. The time and place of their commission, their legal descriptions and a reference to the relevant legal provisions shall be set out as accurately as possible; and c. a copy of the relevant enactments or, where this is not possible, a statement of the relevant law and as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality. Article 13 — Supplementary information If the information communicated by the requesting Party is found to be insufficient to allow the requested Party to make a decision in pursuance of this Convention, the latter Party shall request the necessary supplementary information and may fix a time-limit for the receipt thereof. Article 14 — Rule of speciality 1. A person who has been extradited shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order for any offence committed prior to his surrender other than that for which he was extradited, nor shall he be for any other reason restricted in his personal freedom, except in the following cases: a. when the Party which surrendered him consents. A request for consent shall be submitted, accompanied by the documents mentioned in Article 12 and a legal record of any statement made by the extradited person in respect of the offence concerned. Consent shall be given when the offence for which it is requested is itself subject to extradition

the provisions of this Convention; b. when that person, having had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it.

1. The requesting Party may, however, take any measures necessary to remove the person from its territory, or any measures necessary under its law, including proceedings by default, to prevent any legal effects of lapse of time.
2. When the description of the offence charged is altered in the course of proceedings, the extradited person shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition. Article 15 — Re-extradition to a third state Except as provided for in Article 14, paragraph 1.b, the requesting Party shall not, without the consent of the requested Party, surrender to another Party or to a third State a person surrendered to the requesting Party and sought by the said other Party or third State in respect of offences committed before his surrender. The requested Party may request the production of the documents mentioned in Article 12, paragraph
3. Article 16 — Provisional arrest
4. In case of urgency the competent authorities of the requesting Party may request the provisional arrest of the person sought. The competent authorities of the requested Party shall decide the matter

its law.

1. The request for provisional arrest shall state that one of the documents mentioned in Article 12, paragraph 2.a, exists and that it is intended to send a request for extradition. It shall also state for what offence extradition will be requested and when and where such offence was committed and shall so far as possible give a description of the person sought.
2. A request for provisional arrest shall be sent to the competent authorities of the requested Party either through the diplomatic channel or direct by post or telegraph or through the International Criminal Police Organisation (Interpol) or by any other means affording evidence in writing or accepted by the requested Party. The requesting authority shall be informed without delay of the result of its request.
3. Provisional arrest may be terminated if, within a period of 18 days after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article
4. It shall not, in any event, exceed 40 days from the date of such arrest. The possibility of provisional release at any time is not excluded, but the requested Party shall take any measures which it considers necessary to prevent the escape of the person sought.
5. Release shall not prejudice re-arrest and extradition if a request for extradition is received subsequently. Article 17 — Conflicting requests If extradition is requested concurrently by more than one State, either for the same offence or for different offences, the requested Party shall make its decision having regard to all the circumstances and especially the relative seriousness and place of commission of the offences, the respective dates of the requests, the nationality of the person claimed and the possibility of subsequent extradition to another State. Article 18 — Surrender of the person to be extradited
6. The requested Party shall inform the requesting Party by the means mentioned in Article 12, paragraph 1, of its decision with regard to the extradition.
7. Reasons shall be given for any complete or partial rejection.
8. If the request is agreed to, the requesting Party shall be informed of the place and date of surrender and of the length of time for which the person claimed was detained with a view to surrender.
9. Subject to the provisions of paragraph 5 of this article, if the person claimed has not been taken over on the appointed date, he may be released after the expiry of 15 days and shall in any case be released after the expiry of 30 days. The requested Party may refuse to extradite him for the same offence.
10. If circumstances beyond its control prevent a Party from surrendering or taking over the person to be extradited, it shall notify the other Party. The two Parties shall agree a new date for surrender and the provisions of paragraph 4 of this article shall apply. Article 19 — Postponed or conditional surrender
11. The requested Party may, after making its decision on the request for extradition, postpone the surrender of the person claimed in order that he may be proceeded against by that Party or, if he has already been convicted, in order that he may serve his sentence in the territory of that Party for an offence other than that for which extradition is requested.
12. The requested Party may, instead of postponing surrender, temporarily surrender the person claimed to the requesting Party

conditions to be determined by mutual agreement between the Parties. Article 20 — Handing over of property

1. The requested Party shall, in so far as its law permits and at the request of the requesting Party, seize and hand over property: a. which may be required as evidence, or b. which has been acquired as a result of the offence and which, at the time of the arrest, is found in the possession of the person claimed or is discovered subsequently.
2. The property mentioned in paragraph 1 of this article shall be handed over even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person claimed.
3. When the said property is liable to seizure or confiscation in the territory of the requested Party, the latter may, in connection with pending criminal proceedings, temporarily retain it or hand it over on condition that it is returned.
4. Any rights which the requested Party or third parties may have acquired in the said property shall be preserved. Where these rights exist, the property shall be returned without charge to the requested Party as soon as possible after the trial. Article 21 — Transit
5. Transit through the territory of one of the Contracting Parties shall be granted on submission of a request by the means mentioned in Article 12, paragraph 1, provided that the offence concerned is not considered by the Party requested to grant transit as an offence of a political or purely military character having regard to Articles 3 and 4 of this Convention.
6. Transit of a national, within the meaning of Article 6, of a country requested to grant transit may be refused.
7. Subject to the provisions of paragraph 4 of this article, it shall be necessary to produce the documents mentioned in Article 12, paragraph
9. If air transport is used, the following provisions shall apply: a. when it is not intended to land, the requesting Party shall notify the Party over whose territory the flight is to be made and shall certify that one of the documents mentioned in Article 12, paragraph 2.a exists. In the case of an unscheduled landing, such notification shall have the effect of a request for provisional arrest as provided for in Article 16, and the requesting Party shall submit a formal request for transit; b. when it is intended to land, the requesting Party shall submit a formal request for transit.
10. A Party may, however, at the time of signature or of the deposit of its instrument of ratification of, or accession to, this Convention, declare that it will only grant transit of a person on some or all of the conditions on which it grants extradition. In that event, reciprocity may be applied.
11. The transit of the extradited person shall not be carried out through any territory where there is reason to believe that his life or his freedom may be threatened by reason of his race, religion, nationality or political opinion. Article 22 — Procedure Except where this Convention otherwise provides, the procedure with regard to extradition and provisional arrest shall be governed solely by the law of the requested Party. Article 23 — Language to be used The documents to be produced shall be in the language of the requesting or requested Party. The requested Party may require a translation into one of the official languages of the Council of Europe to be chosen by it. Article 24 — Expenses
12. Expenses incurred in the territory of the requested Party by reason of extradition shall be borne by that Party.
13. Expenses incurred by reason of transit through the territory of a Party requested to grant transit shall be borne by the requesting Party.
14. In the event of extradition from a non-metropolitan territory of the requested Party, the expenses occasioned by travel between that territory and the metropolitan territory of the requesting Party shall be borne by the latter. The same rule shall apply to expenses occasioned by travel between the non-metropolitan territory of the requested Party and its metropolitan territory. Article 25 — Definition of “detention order” For the purposes of this Convention, the expression “detention order” means any order involving deprivation of liberty which has been made by a criminal court in addition to or instead of a prison sentence. Article 26 — Reservations
15. Any Contracting Party may, when signing this Convention or when depositing its instrument of ratification or accession, make a reservation in respect of any provision or provisions of the Convention.
16. Any Contracting Party which has made a reservation shall withdraw it as soon as circumstances permit. Such withdrawal shall be made by notification to the Secretary General of the Council of Europe.
17. A Contracting Party which has made a reservation in respect of a provision of the Convention may not claim application of the said provision by another Party save in so far as it has itself accepted the provision. Article 27 — Territorial application
18. This Convention shall apply to the metropolitan territories of the Contracting Parties.
19. In respect of France, it shall also apply to Algeria and to the overseas Departments and, in respect of the United Kingdom of Great Britain and Northern Ireland, to the Channel Islands and to the Isle of Man.
20. The Federal Republic of Germany may extend the application of this Convention to the Land of Berlin by notice addressed to the Secretary General of the Council of Europe, who shall notify the other Parties of such declaration.
21. By direct arrangement between two or more Contracting Parties, the application of this Convention may be extended, subject to the conditions laid down in the arrangement, to any territory of such Parties, other than the territories mentioned in paragraphs 1, 2 and 3 of this article, for whose international relations any such Party is responsible. Article 28 — Relations between this Convention and bilateral Agreements
22. This Convention shall, in respect of those countries to which it applies, supersede the provisions of any bilateral treaties, conventions or agreements governing extradition between any two Contracting Parties.
23. The Contracting Parties may conclude between themselves bilateral or multilateral agreements only in order to supplement the provisions of this Convention or to facilitate the application of the principles contained therein.
24. Where, as between two or more Contracting Parties, extradition takes place on the basis of a uniform law, the Parties shall be free to regulate their mutual relations in respect of extradition exclusively

such a system notwithstanding the provisions of this Convention. The same principle shall apply as between two or more Contracting Parties each of which has in force a law providing for the execution in its territory of warrants of arrest issued in the territory of the other Party or Parties. Contracting Parties which exclude or may in the future exclude the application of this Convention as between themselves

this paragraph shall notify the Secretary General of the Council of Europe accordingly. The Secretary General shall inform the other Contracting Parties of any notification received

this paragraph. Article 29 — Signature, ratification and entry into force

1. This Convention shall be open to signature by the members of the Council of Europe. It shall be ratified. The instruments of ratification shall be deposited with the Secretary General of the Council.
2. The Convention shall come into force 90 days after the date of deposit of the third instrument of ratification.
3. As regards any signatory ratifying subsequently the Convention shall come into force 90 days after the date of the deposit of its instrument of ratification. Article 30 — Accession
4. The Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention, provided that the resolution containing such invitation receives the unanimous agreement of the members of the Council who have ratified the Convention.
5. Accession shall be by deposit with the Secretary General of the Council of an instrument of accession, which shall take effect 90 days after the date of its deposit. Article 31 — Denunciation Any Contracting Party may denounce this Convention in so far as it is concerned by giving notice to the Secretary General of the Council of Europe. Denunciation shall take effect six months after the date when the Secretary General of the Council received such notification. Article 32 — Notifications The Secretary General of the Council of Europe shall notify the members of the Council and the government of any State which has acceded to this Convention of: a. the deposit of any instrument of ratification or accession; b. the date of entry into force of this Convention; c. any declaration made

the provisions of Article 6, paragraph 1, and of Article 21, paragraph 5; d. any reservation made

Article 26, paragraph 1; e.

the withdrawal of any reservation

Article 26, paragraph 2; f.

any notification of denunciation received

the provisions of Article 31 and by the date on which such denunciation will take effect. IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Convention. DONE at Paris, this 13th day of December 1957, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to the signatory governments. First Schedule: Part II Reservations and declarations made by the State to the EUROPEAN CONVENTION ON EXTRADITION Declaration contained in a letter from the Ministry of External Affairs of Ireland, dated 2 May 1966, handed to the Secretary General made at the time of signature and deposit of the instrument of ratification, on the same day: I have the honour to declare,

Article 6

of the Convention, that the term “national” in the Convention is hereby defined as meaning “citizens of Ireland” as far as my Government is concerned. Reservation contained in the instrument of ratification, deposited on 2 May 1966: The Irish authorities will not grant extradition if final judgment in respect of the offence for which extradition is requested has been passed in a third State on the person claimed. Declaration made at the time of confirmation of ratification, on 12 July 1988: A decision of the Irish Supreme Court has made it impossible for Ireland to comply with its international obligations under the European Convention on Extradition. The Court ruled that Ireland was not bound by its ratification of a similar extradition Treaty as the approval of Dáil Éireann of the terms of that Treaty had not been obtained prior to ratification as is required by the Constitution of Ireland. The said Supreme Court decision serves as a binding precedent in all future extradition cases. The same circumstance applies in the case of the European Convention on Extradition. Dáil approval of the terms thereof was not obtained prior to ratification of the said Convention on behalf of the Government of Ireland in 1966. Consequently, in the event of a court challenge, Ireland's ratification in 1966 is likely to be declared invalid under domestic law. In order to rectify this position, Dáil Éireann approved the terms of the European Convention on Extradition on 29 June 1988. It is now necessary, for the purposes of domestic requirements, for the Government of Ireland to confirm the earlier ratification by way of deposit of a new instrument of ratification. Declaration transmitted by letter from the Permanent Representative, dated 13 May 1991, registered at the Secretariat General on the same day: The Government of Ireland,

Article 28

, paragraph 3, of the European Convention on Extradition, 1957, hereby notify the Secretary General of the Council of Europe that the relations of the Government of Ireland with the Government of the United Kingdom in respect of Extradition will continue to be regulated exclusively on the basis of laws in force in their respective territories providing for the execution in the territory of either party of warrants of arrest issued in the territory of the other party. First Schedule: Part III List of reservations and declarations made by other Contracting Parties with respect to the EUROPEAN CONVENTION ON EXTRADITION Albania: Declaration contained in the instrument of ratification deposited on 19 May 1998: Relating to paragraph 1 of Article 2 of the Convention, the Albanian Party has no minimum limits for the term of imprisonment for the effect of extradition. The Albanian Party considers this declaration as valid only in conditions of reciprocity. This declaration is valid only in conditions of reciprocity. Declaration contained in the instrument of ratification deposited on 19 May 1998: Relating to paragraph 1, sub-paragraph a, of Article 6, the Albanian Party refuses the extradition of its nationals, unless otherwise provided in the international agreements to which Albania is a Contracting Party. Declaration contained in the instrument of ratification deposited on 19 May 1998: Relating to paragraph 1, sub-paragraph b, of Article 6, the Albanian Party includes in the term “nationals” the persons with double nationality, in case either of them is Albanian. Reservation contained in the instrument of ratification deposited on 19 May 1998: Relating to paragraph 1 of Article 7, the Albanian Party does not allow the extradition of the persons who have committed offences either in the Albanian territory or outside it, when the offence has injured the interests of the State or of the nationals, unless it is otherwise agreed with the interested Party. This declaration is valid only in conditions of reciprocity. Declaration contained in the instrument of ratification deposited on 19 May 1998: Relating to paragraph 2 of Article 19, the Albanian Party declares that when a person asked to be surrendered is serving a sentence for another offence, he or she, in the event of extradition, shall be permitted to serve the full sentence in the requesting country. This declaration is valid only in conditions of reciprocity. Declaration contained in the instrument of ratification deposited on 19 May 1998: Relating to paragraph 4, sub-paragraph a, of Article 21, the Albanian Party declares that prior notification is not necessary in cases of transit by air that does not schedule a landing in Albanian territory. Reservation contained in the instrument of ratification deposited on 19 May 1998: Relating to paragraph 2 of Article 12, the Albanian Party presents the reservation that the request for extradition must be accompanied always by the original text, or authenticated copy of the applied law. Andorra: Declaration contained in the instrument of ratification deposited on 13 October 2000: Article 14, paragraph 1, of the Law “qualificada” on Extradition prohibits the extradition of persons having the Andorran nationality. For the purposes of this Convention, the term “national” means any person having the Andorran nationality at the time of the commission of the facts

the provisions of the Law “qualificada” on Andorran nationality. Declaration contained in the instrument of ratification deposited on 13 October 2000: Article 8, paragraph 3, of the Constitution of the Principality of Andorra prohibits the death penalty. When the offence for which the extradition is requested may be punishable by death under the law of the requesting Party, the Principality of Andorra shall refuse extradition, unless the requesting Party gives such assurance as considered sufficient by the requested Party that the death penalty will not be executed. Declaration contained in the instrument of ratification deposited on 13 October 2000: In the case of a request for provisional arrest, the Principality of Andorra shall require, as complementary information, a short statement of the facts alleged against the person sought. Declaration contained in the instrument of ratification deposited on 13 October 2000: The Principality of Andorra will only grant transit when all the conditions required for the granting of extradition are fulfilled

this Convention. Declaration contained in the instrument of ratification deposited on 13 October 2000: The Principality of Andorra will require the requesting Party to supply a translation of the request for extradition and all accompanying documents into Catalan, Spanish or French. Reservation contained in the instrument of ratification deposited on 13 October 2000: The Constitution of the Principality of Andorra prohibits special courts in its Article 85, paragraph

1. Extradition shall therefore not be granted in cases if the person sought would be tried in the requesting State by a special court or if extradition is requested for the enforcement of a sentence or detention order imposed by such a court. In the same way, and pursuant to Article 14, paragraphs 12, 13, 14 and 15 of the Law “qualificada” of the Principality of Andorra [Law which, to be passed, requires a higher majority than other laws], extradition shall not be granted: a. when the sentence is based on a manifest error; b. when extradition is likely to have consequences of an exceptional gravity for the person sought, particularly by reason of his or her age or state of health; c. when the person sought would be tried in the requesting State by a tribunal which does not assure the fundamental procedural guarantees and the protection of the rights of the defence or by a tribunal created for that person's particular case, as the only person concerned or not. Reservation contained in the instrument of ratification deposited on 13 October 2000: The Principality of Andorra reserves itself the right to require the requesting Party to produce evidence establishing a sufficient presumption that the offence was committed by the person whose extradition is requested. Should such evidence be deemed insufficient, extradition may be refused. Austria: Declaration contained in the instrument of ratification, deposited on 21 May 1969: Austria will grant extradition also under the conditions mentioned in Article 2, paragraph
2. Declaration contained in the instrument of ratification, deposited on 21 May 1969: Austria will regard the time of surrender of the person claimed as decisive for the determination of nationality. Declaration contained in the instrument of ratification, deposited on 21 May 1969: Austria will only grant extradition of a person for an offence which, according to Austrian law, is under Austrian jurisdiction, in so far as that person will be extradited for another offence and as the condemnation of that person by the judicial authorities of the requesting State for all offences is in the interest of ascertaining the truth or useful by reason of fixing of the penalty and execution of the sentence. Declaration contained in the instrument of ratification, deposited on 21 May 1969: Austria will grant extradition if the person claimed was acquitted only for lack of Austrian jurisdiction, or if, only for this reason, criminal proceedings against this person have not been instituted or if instituted criminal proceedings were terminated. Declaration contained in the instrument of ratification, deposited on 21 May 1969: In case of a request for provisional arrest Austria also requires a short statement of the facts the person claimed is charged with. Declaration contained in the instrument of ratification, deposited on 21 May 1969: In any case Austria will refuse transit of Austrian nationals. Declaration contained in the instrument of ratification, deposited on 21 May 1969: Austria will also refuse transit because of fiscal offences in the sense of Article 5 and because of the offences mentioned in the reservation to Article
3. Transit for offences punishable, under the law of the requesting Party, by death or by a sentence incompatible with the requirements of humanity and human dignity, will be granted under the conditions governing the extradition for such offences. Declaration contained in a letter from the Permanent Representative of Austria, dated 16 April 1985, registered at the Secretariat General on 17 April 1985: The declaration submitted by the Republic of Austria with regard to Article 21

the legislation of the requesting State, the person sentenced to life imprisonment cannot be released after a certain time, following a legal or administrative procedure. Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997: Belgium considers that the rule of speciality is not applicable when the person claimed by Belgium has given, before the judicial authority of the requested State, his or her explicit consent to be prosecuted and punished on whatever count if this possibility is provided for in the legislation of the latter State. If, on the other hand, the extradition is requested from Belgium, it considers that, when the person to claimed has formally renounced to the formalities and guarantees of extradition, the rule of speciality shall no longer apply. Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997: Belgium considers that the exception provided for by Article 15 is extended, in the event that the person surrendered to Belgium has renounced to the speciality of extradition according to the legislation of the requested Party. Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997: The Belgian Government will allow transit through its territory on the same conditions on which extradition is granted. Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997: If the request for extradition and the documents to be produced are in the language of the requesting Party and this language is neither Dutch, French, nor German, they must be accompanied by a translation into French. Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997: Belgium reserves the right not to grant extradition if the person claimed could be brought before a court of special jurisdiction, or if the extradition is requested for the execution of a sentence rendered by such a court. Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997: Extradition will not be granted when the surrender might have consequences of an exceptional gravity for the person claimed, in particular on account of his or her age or health. Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997: The obligation to release after the expiry of 30 days provided for by Article 18, paragraph 4, will not be applicable in the event that the person claimed has introduced an appeal against the decision to extradite or concerning the legality of the detention. Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997: The Government of the Kingdom of Belgium will grant the temporary surrender provided for by Article 19, paragraph 2, only if it concerns a person who serves a sentence on its territory and if particular circumstances require it. Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997: By reason of the special arrangements between the Benelux countries, the Belgian Government does not accept Article 28, paragraphs 1 and 2, in respect of its relations with the Kingdom of the Netherlands and the Grand Duchy of Luxembourg. Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997: The Belgian Government reserves the right to derogate from these provisions in respect of its relations with the other member States of the European Community. Bulgaria: Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994: Extradition may be refused if the person proceeded against is to be tried by a special court in the requesting state or if a sentence delivered by such a court will be executed against that person. Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994: Extradition for military offences which are also offences under ordinary law may be granted solely on condition that the person extradited will not be tried by a military court or accused of a military offence. Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994: The Republic of Bulgaria declares that it will recognise as a national for the purposes of the convention any person having Bulgarian nationality at the time of the extradition order. Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994: The Republic of Bulgaria declares its right to refuse extradition if the requesting party refuses extradition in similar cases,

Article 7, paragraph 2.

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994: The Republic of Bulgaria declares its right to require that the requesting party submit evidence that the offence was committed by the person whose extradition is requested. If it considers the evidence submitted to be inadequate, it may refuse extradition. Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994: The Republic of Bulgaria declares that it will allow transit on the same conditions on which extradition is granted. Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994: The Republic of Bulgaria declares that it will require that documents submitted in execution of the present Convention be accompanied by a translation into one of the official languages of the Council of Europe. Croatia: Declaration contained in the instrument of accession, deposited on 25 January 1995: Article 9 of the Constitution of the Republic of Croatia prohibits the extradition of Croatian citizens. Consequently, the Republic of Croatia will not allow any extradition of its own citizens. Declaration contained in the instrument of accession, deposited on 25 January 1995: Article 9 of the Constitution of the Republic of Croatia prohibits the extradition of Croatian citizens. Consequently, the Republic of Croatia will not allow any transit (Article 21, paragraph 2, of the Convention) of its own citizens. Declaration contained in the instrument of accession, deposited on 25 January 1995: The “nationality” of a person being requested for extradition will be considered in terms of the time when the criminal act was committed and in compliance with the regulations of the Republic of Croatia regarding citizenship (Article 6, paragraph 1(b), of the Convention). Declaration contained in the instrument of accession, deposited on 25 January 1995: The Republic of Croatia will approve the transit of a person only under the conditions applying to extradition (Article 21, paragraph 5, of the Convention). Cyprus: Declaration made at the time of signature, on 18 September 1970: The Government of the Republic of Cyprus declares that under Article 11.2.f. of the Constitution of the Republic no extradition of citizens of the Republic can be made. The provisions, therefore, of this Article, as far as the Republic of Cyprus is concerned, should be restricted to extradition of aliens. Declaration made at the time of signature, on 18 September 1970: The Government of the Republic of Cyprus declares that so long as under its Constitution no extradition of citizens of the Republic is allowed (cf. declaration in respect of Article 1) the term “nationals” within the meaning of the Convention, as far as the Republic of Cyprus is concerned, should mean “citizens of the Republic of Cyprus or persons who, under the provisions relating to citizenship of the Republic in force for the time being, would be entitled to become citizens of the Republic”. Furthermore, under the provisions of the Criminal Code of Cyprus citizens of the Republic may be prosecuted in Cyprus, for offences committed in a foreign country punishable with death or imprisonment exceeding two years if the act or omission constituting the offence is also punishable by the law of the country where it was committed. Declaration made at the time of signature, on 18 September 1970: Under the Criminal Code of Cyprus in the case of citizens of the Republic committing an offence in a foreign country punishable under the Law of Cyprus with death but not so punishable under the law of the foreign country the death penalty is not imposed in the Republic but such citizen is punishable with any other punishment up to imprisonment for life. Declaration made at the time of signature, on 18 September 1970: With regard to citizens of the Republic the same declaration is made in respect of Articles 1 and 6. Czech Republic: Declaration contained in a Note Verbale from the Permanent Representation of the Czech and Slovak Federal Republic dated 13 February 1992, handed over to the Secretary General at the time of signature on 13 February 1992, confirmed in the instrument of ratification deposited on 15 April 1992 and in a Note Verbale from the Permanent Representation of the Czech and Slovak Federal Republic dated 15 April 1992 handed over to the Secretary General at the time of deposit of the instrument of ratification, and confirmed in a letter from the Minister for Foreign Affairs of the Czech Republic dated 1 January 1993, registered at the Secretariat General on 2 January 1993: Under the terms of the Article 21.5, the transit of a person within the meaning of Article 21 will be granted only on conditions applied in cases of extradition. Denmark: Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962: Extradition may be granted on condition that the person charged with an offence shall not be proceeded against before a special court. Extradition may be refused if its object is the execution of a sentence pronounced by such a court. Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962: Extradition may be refused if it is liable to have particularly serious consequences for the person claimed on account of his age, state of health or other personal reasons. Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962: Extradition may be refused if the competent authorities of a third State have, by a final judgment, either acquitted or convicted the person concerned in respect of the offence giving rise to the request for extradition, of if the competent authorities of a third State have decided to waive or to discontinue proceedings in respect of the same offence. Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962: The obligation to grant extradition shall be restricted to offences which, under the Danish penal code, are punishable by a penalty more severe than imprisonment for one year or simple detention. Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962: A decision as to whether, in a given instance, the taking or attempted taking of the life of a Head of State or a member of his family is to be deemed a political offence shall be made after consideration of the facts of the case. Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962: Extradition for a military offence which is also a civil offence may only be granted provided the extradited person is not convicted under military law. Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962: Where seemingly indicated by special circumstances, the Danish authorities may require the requesting country to produce evidence establishing a sufficient presumption of guilt on the part of the person concerned. Should such evidence be deemed insufficient, extradition may be refused. Declaration contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962: The term “national” means in Denmark a national of Denmark, Finland, Iceland, Norway or Sweden, or a person domiciled in one of those countries. Declaration contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962: The Convention will not apply to Denmark's relations with Norway and Sweden, extradition between the Scandinavian countries being governed by uniform legislation. Estonia: Declaration contained in the instrument of ratification, deposited on 28 April 1997: Pursuant to Article 6, paragraph 1, sub-paragraph (

1. b)of the Convention the Republic of Estonia declares that the term “national” within the meaning of this Convention means nationals of the Republic of Estonia. Declaration contained in the instrument of ratification, deposited on 28 April 1997: Pursuant to Article 6, paragraph 1, sub-paragraph (
2. a)of the Convention, the Republic of Estonia reserves the right to refuse extradition of one of her own nationals, if the national has not consented to it. Declaration contained in the instrument of ratification, deposited on 28 April 1997: Pursuant to Article 23 of the Convention, the Republic of Estonia declares that requests and their annexes presented to the Republic of Estonia shall be accompanied by a translation into English. Finland: Declaration contained in a letter from the Embassy of Finland in France, dated 12 May 1971, handed to the Secretary General at the time of deposit of the instrument of accession, on the same day: Within the meaning of this Convention the term “nationals” shall denote nationals of Finland, Denmark, Iceland, Norway and Sweden as well as aliens domiciled in these States. Declaration contained in a letter from the Embassy of Finland in France, dated 12 May 1971, handed to the Secretary General at the time of deposit of the instrument of accession, on the same day: The Convention shall not apply to extradition for offences between Finland, Denmark, Iceland, Norway and Sweden because extradition between these States is governed by uniform legislation. Reservation contained in the instrument of accession, deposited on 12 May 1971: Finland reserves the right, when granting extradition, to stipulate that the extradited person shall not be prosecuted for the offence in question in a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences. Extradition requested for the execution of a sentence rendered by such special court may be refused. Reservation contained in the instrument of accession, deposited on 12 May 1971: Finland reserves the right to refuse extradition, if extradition on account of the age, the state of health or any other condition affecting the individual in question or on account of special conditions would be unreasonable for human reasons. Reservation contained in the instrument of accession, deposited on 12 May 1971: The obligation to extradite mentioned in paragraph 1 of the Article 2 shall be restricted to offences which, under Finnish law, are punishable by a penalty more severe than imprisonment for one year. A person sentenced in a foreign State for such offence may be extradited only, if the term not yet served is deprivation of liberty for at least four months. Reservation contained in the instrument of accession, deposited on 12 May 1971: Finland reserves the right to regard the offence mentioned in paragraph 3 of this Article 3 as a political offence, if such offence has been committed in open fight. Reservation contained in the instrument of accession, deposited on 12 May 1971: Where a military offence also comprises an offence in respect of which extradition otherwise is permissible, Finland reserves the right to stipulate that the extradited person shall not be punished under a provision pertaining to military offences. Reservation contained in the instrument of accession, deposited on 12 May 1971: If the person taken into custody, whose extradition has been granted, has not been taken over by the requesting State on the date appointed, Finland reserves the right to release him immediately. France: Reservation contained in the instrument of ratification. deposited on 10 February 1986: Extradition shall not be granted if the person sought would be tried in the requesting State by a tribunal which does not assure the fundamental procedural guarantees and the protection of the rights of the defence or by a tribunal created for that person's particular case or if extradition is requested for the enforcement of a sentence or detention order imposed by such a tribunal. Reservation contained in the instrument of ratification, deposited on 10 February 1986: Extradition may be refused if surrender is likely to have consequences of an exceptional gravity for the person sought, particularly by reason of his age or state of health. Reservation contained in the instrument of ratification, deposited on 10 February 1986: Concerning persons prosecuted, extradition shall only be granted in respect of offences which, under French law and under the law of the requesting State, are punishable by deprivation of liberty or by a detention order for a maximum period of at least two years. Reservation contained in the instrument of ratification, deposited on 10 February 1986: With regard to punishments which are more severe than deprivation of liberty or detention orders, extradition may be refused if these punishments or detention orders are not provided for in the scale of punishments applicable in France. Reservation contained in the instrument of ratification, deposited on 10 February 1986: France reserves the right, in the light of the individual circumstances of each case, to appreciate if the taking or attempted taking of the life of a Head of State or a member of his family is to be deemed or not a political offence. Declaration contained in the instrument of ratification, deposited on 10 February 1986: France declares that for offences in connection with taxes, duties, customs and exchange, extradition shall be granted to the requesting State if it has been so decided by a simple exchange of letters in each category of case. Declaration contained in the instrument of ratification, deposited on 10 February 1986: Extradition shall be refused when the person sought had French nationality at the time of the alleged offence. Reservation contained in the instrument of ratification, deposited on 10 February 1986: France will require that any new description of an offence relates to the same facts as those for which extradition was granted and that this new description does not imply the application of a penalty for which extradition could be refused. Reservation contained in the instrument of ratification, deposited on 10 February 1986: In the case of a request for provisional arrest, France shall require a short memorandum of the facts alleged against the person sought. Declaration contained in the instrument of ratification, deposited on 10 February 1986: France reserves the right not to grant transit except on the same conditions as those on which it grants extradition. Declaration contained in the instrument of ratification, deposited on 10 February 1986: France declares that it will request a translation of the requests for extradition and documents annexed thereto into one of the official languages of the Council of Europe and that it chooses French. Declaration contained in the instrument of ratification, deposited on 10 February 1986: The Government of the French Republic declares that, with respect to France, the Convention applies to the European and overseas departments of the Republic. Germany: Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976: Extradition of Germans from the Federal Republic of Germany to a foreign country is not permitted by virtue of Article 16, paragraph 2, first sentence, of the Basic Law for the Federal Republic of Germany and must, therefore, be refused in every case. The term “nationals” within the meaning of Article 6, paragraph 1b., of the European Convention on Extradition covers all Germans within the meaning of Article 116, paragraph 1, of the Basic Law for the Federal Republic of Germany. Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976: In a case of transit under Article 21 of the European Convention on Extradition Article 11 of the Convention will be applied mutatis mutandis. Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976: Transit of a German through the territory of the Federal Republic of Germany is not permitted by virtue of Article 16, paragraph 2, first sentence, of the Basic Law for the Federal Republic of Germany and must, therefore, be refused in every case. Reservation made at the time of deposit of the instrument of ratification, on 2 October 1976: Where transit is to be effected by air through the territory of the Federal Republic of Germany without any intention to land, an assurance will be required to the effect that, according to the facts known to the requesting Party and the documents in its possession, the extradited person is not a German and does not claim such status. Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976: Where the request for extradition and the documents to be produced are not in the German language they must be accompanied by translations of the request and the documents into the German language or into one of the official languages of the Council of Europe. Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976: The European Convention on Extradition shall also apply to Land Berlin with effect from the date on which it will enter into force for the Federal Republic of Germany. Reservation made at the time of deposit of the instrument of ratification, on 2 October 1976: A request for the extradition of a national of the French Republic, of the United Kingdom of Great Britain and Northern Ireland, or of the United States of America from Land Berlin may be complied with only after the Berlin Commandant of the armed forces of the State concerned has agreed. Declaration contained in a letter from the Permanent Representation dated 4 February 1991, registered at the Secretary General on 5 February 1991: The Government of the Federal Republic of Germany considers Portugal's reservation (under item
3. c)to Article 1 of the Convention to be compatible with the object and purpose of the Convention only if refusal to grant extradition for offences punishable by a life-long sentence or detention order is not absolute. It takes the reservation to mean that the only circumstance in which extradition will not be granted is where there is no possibility under the law of the requesting state for the person sentenced to life imprisonment, having completed a certain proportion of the sentence or period of detention, to obtain a judicial review of his case with a view to having the remainder of the sentence commuted to probation. Declaration contained in a Note Verbale from the Permanent Representation dated 11 October 1993 registered at the Secretariat General on 13 October 1993: The Federal Republic of Germany considers the placing of persons granted asylum in Poland on an equal standing with Polish nationals in Poland's declaration with respect to Article 6, paragraph 1 (
4. a)of the Convention to be compatible with the object and purpose of the Convention only with the provision that it does not exclude extradition of such persons to a state other than that in respect of which asylum has been granted. Greece: Declaration made at the time of deposit of the instrument of ratification, on 29 May 1961: The provisions of Article 6 will be applied subject to the application of Article 438 (
5. a)of the Greek Code of Criminal Procedure, which prohibits extradition of nationals of the requested Party. Article 438 of the Greek Code of Criminal Procedure will also be applied in relation to paragraph 1 (c). Under that Article, the date of commission of the offence will on no account be taken into consideration in establishing the nationality of the wanted person. Reservation made at the time of deposit of the instrument of ratification, on 29 May 1961: Paragraph 1 of Article 7 will be applied subject to the provisions of Article 438(
6. b)of the Greek Code of Criminal Procedure. Reservation made at the time of deposit of the instrument of ratification, on 29 May 1961: Article 437

Article 7

Section 20

of Chapter 276 of the laws of Malta (The Extradition Act, 1978) which section reads as follows: “On an appeal made to the Court of Criminal Appeal or an application for redress to the Constitutional Court under Section 46 of the Constitution of Malta, either of the said Courts may, without prejudice to any other jurisdiction, order the person committed to be discharged from custody if it appears to such Court that, (

1. a)by reason of the trivial nature of the offence of which he is accused or was convicted; or (
2. b)by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or (
3. c)because the accusation against him is not made in good faith in the interests of justice, it would, having regard to all circumstances, be unjust or oppressive to return him.” Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996: Malta reserves the right to apply paragraph 3 of this Article

Section 10

the rule of “Non bis in idem” as laid down in Section 527 of the Criminal Code (Chapter 9 of the Laws of Malta) which reads as follows: “Where in a trial, judgement is given acquitting the person charged or accused, it shall not be lawful to subject such person to another trial for the same fact.” Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996: Malta reserves the right to apply the provisions set out in paragraphs 4 and 5 of this Article

Section 24

Article 7, paragraph 2, the requesting Party would refuse extradition in similar cases.

Reservation contained in the instrument of ratification deposited on 2 October 1997: The Republic of Moldova will not grant extradition if a final judgment has been passed by a third State upon the person claimed in respect of the offence or offences for which extradition is requested. Reservation contained in the instrument of ratification deposited on 2 October 1997: In derogation of Article 9 (first sentence), the Republic of Moldova may grant extradition if the requesting State can show that new facts or evidence justify a reopening of the case. Reservation contained in the instrument of ratification deposited on 2 October 1997: The Republic of Moldova asks that any request addressed to it in pursuance of Article 16, paragraph 2, contain a brief description of the offence alleged against the person claimed, including the essential particulars by which the nature of the offence can be appraised

the present Convention. Declaration contained in the instrument of ratification deposited on 2 October 1997: The Republic of Moldova reserves the right to authorise transit only under the conditions provided for in respect of extradition. Declaration contained in the instrument of ratification deposited on 2 October 1997: The Republic of Moldova declares that requests for extradition and documents appended thereto must be in Moldovan or in one of the official languages of the Council of Europe, or translated into one of these languages. Netherlands: Declaration made at the time of signature, on 21 January 1965: Having regard to the equality existing in public law between the Netherlands, Surinam [Note from the Secretariat: Surinam became independent on 25 November 1975] and the Netherlands Antilles, the term “metropolitan territories” used in paragraph 1 of Article 27 of the present Convention, no longer has its original sense in relation to the Kingdom of the Netherlands and consequently shall be deemed to signify, so far as concerns the Kingdom, “European territory”. Reservation contained in the instrument of ratification, deposited on 14 February 1969: The Netherlands Government reserves the right not to grant extradition requested for the purpose of executing a judgment pronounced by default against which no remedy remains open, if such extradition might have the effect of subjecting the person claimed to a penalty without his having been enabled to exercise the rights of defence prescribed in Article 6

Article 7