EXTRADITION (DESIGNATED FOREIGN COUNTRIES) [ S.L.276.02 1 SUBSIDIARY LEGISLATION 276.02 EXTRADITION (DESIGNATED FOREIGN COUNTRIES) ORDER 28th May, 1996 LEGAL NOTICE 120 of 1996, as amended by Legal Notices 191 of 1996 and 78 of
- The title of this Order is the Extradition (Designated Foreign Countries) Order.
- In this Order, unless the context otherwise requires - Title. Interpretation. "the Convention" means the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances opened for signature at Vienna from 20th December, 1988 until 28th February, 1989 and subsequently at the United Nations Headquarters, New York until 20th December, 1989, the terms of which are set out in the relevant convention published in the Government Gazette dated 24th May, 1996; "the relevant Act" means the Extradition Act; Cap.
- "the relevant date" shall mean the 28th May, 1996; "requesting country" means a country making an extradition request.
- Any arrangement as is referred to in articles 7 and 30 of the relevant Act with any country listed in the Schedule, which on the relevant date is still applicable to Malta, shall as may be necessary and with effect from the relevant date be deemed to be supplemented by paragraph 2 of Article 6 of the Convention and any such arrangement shall be construed accordingly. Arrangement with a foreign state. 4.
(1)Those countries listed in the Schedule with which no arrangement as referred to in articles 7 and 30 of the relevant Act exists on the relevant date, are hereby being designated as foreign countries for the purposes of article 6 of the said Act only in respect of an offence as is referred to in paragraph 2 of Article 6 of the Convention and subject to the provisions of the following subarticles. Foreign countries.
(2)In the case of a country to which subarticle
(1)applies, no proceedings shall be taken on an application for a provisional arrest warrant under article 14
(1)(b) of the relevant Act and no such warrant shall be issued unless the application is made with the consent of the Minister responsible for justice signified by means of an appropriate certificate to that effect; but subject as aforesaid the signification of consent shall not affect the provisions of the said article 14.
(3)In the case of an extradition request from a country to which subarticle
(1)applies in respect of an offence referred to in the same subarticle and without prejudice to his so deciding on other grounds, the Minister responsible for justice may, in the 2 [ S.L.276.02 EXTRADITION (DESIGNATED FOREIGN COUNTRIES) circumstances mentioned in subarticle
(4), decide not to make an order under article 13 or article 21 of the relevant Act or for the purposes of subarticle
(2)signifying his consent to an application for a provisional warrant.
(4)The Minister responsible for justice may decide as provided in subarticle
(3)where the Minister is not satisfied that provision is made by the law of the requesting country under which a person accused or convicted in Malta of the like offence as that to which the request refers might be surrendered to Malta if found in the requesting country. SCHEDULE Amended by: L.n. 191 of 1996; L.N. 78 of 1997. (Article 4) FOREIGN STATES PARTIES TO THE CONVENTION Afghanistan Lesotho Algeria Libya Antigua and Barbuda Luxembourg Argentina Madagascar Armenia Malawi Azerbaijan Malaysia Bahamas Mali Bahrain Mauritania Bangladesh Mexico Belarus Morocco Belgium Myanmar Bhutan Nepal Bolivia Netherlands Bosnia and Herzegovina Nicaragua Brazil Niger Brunei Nigeria Darussalam Norway Bulgaria Oman Burkina Faso Pakistan Burundi Panama Cameroon Paraguay Cape Verde Peru Chad Poland Chile Portugal China Qatar EXTRADITION (DESIGNATED FOREIGN COUNTRIES) Colombia Republic of Moldova Costa Rica Romania Cote d’Ivoire Russian Federation Croatia Saint Kitts and Nevis Czech Republic Saint Lucia Denmark Saint Vincent and the Grenadines Dominica Saudi Arabia Dominican Republic Senegal Equador Seychelles Egypt Sierra Leone El Salvador Slovakia Ethiopia Slovenia Fiji Spain Finland Sri Lanka France Sudan Germany Suriname Ghana Swaziland Greece Sweden Granada Syria Guatemala The former Yugoslav Republic of Macedonia Guinea Togo Guinea-Bissau Tunisia Guyana Uganda Haiti Ukraine Honduras United Arab Emirates Hungary United States of America India Uruguay Iran Uzbekistan Italy Venezuela Japan Yugoslavia Jordan Zambia Kenya Zimbabwe Kyrgyzstan Latvia [ S.L.276.02 3