The Supplementary Treaty limits the political offense bar to extradition; it authorizes judicial inquiry into the motives behind an extradition request; and it allows an individual sought by the British to be heard by the court on the issues of probable cause and dual criminality. Finally, it drops the proposed revision of the statute of limitations clause, so that extradition must be denied if prosecution would be barred under the laws of either country. 105-10); see also , Supplementary Extradition Treaty with Germany , Art.4 (1)-(3) (S.Treaty Doc. Reliance upon the exception led to the exemptions to the exception found in the proposed Supplementary Treaty. The understanding is reenforced by the second declaration confirming the role of the courts in the extradition process and by the provisos indicating that the 2003 Treaty is not designed to permit the prosecution of fugitives from Northern Ireland for offenses committed prior to the Good Friday Agreement. Facially, the 2003 Treaty's treatment of forfeitable property differs from its predecessor in two respects. Even without a specific treaty clause, federal courts have held that the requested country may consent to trial or punishment for offenses other than those for which extradition was granted. SENATE ADVICE AND CONSENT SUBJECT TO UNDERSTANDING, DECLARATIONS, AND PROVISOS
The Senate advises and consents to the ratification of the Extradition Treaty between the United States of America and the United Kingdom of Great Britain and Northern Ireland, and related exchanges of letters, signed at Washington on March 31, 2003 (hereinafter in this resolution referred to as the "Treaty") (Treaty Doc. (3) Not later than one year after entry into force of the Treaty, and annually thereafter for a period of four additional years, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate a report setting forth the following information with respect to the implementation of the Treaty in the previous twelve months:
(A) the number of persons arrested in the United States pursuant to requests from the United Kingdom under the Treaty, including the number of persons subject to provisional arrest; and a summary description of the alleged conduct for which the United Kingdom is seeking extradition; (B) the number of extradition requests granted; and the number of extradition requests denied, including whether the request was denied as a result of a judicial decision or a decision of the Secretary of State; (C) the number of instances the person sought for extradition made a claim to the Secretary of State of political motivation, unjustifiable delay, or retrial after acquittal and whether such extradition requests were denied or granted; and (D) the number of instances the Secretary granted a request under Article 18(1)(c).
Federal court denial of British extradition requests in the cases of four fugitives from Northern Ireland led to the Supplementary Extradition Treaty. The Treaty proved controversial, and before the Senate would give its consent, it insisted upon modifications, some quite unusual. Those modifications have been eliminated in a newly negotiated treaty to which the Senate has recently given its advice and consent and which incorporates features often more characteristic of contemporary extradition treaties with other countries.
There was initial criticism of the new Treaty's
exemptions to the political offense bar to extradition; elimination of judicial inquiry into politically motivated extradition request; treatment of probable cause; clause relating to extradition for crimes committed overseas; dropping the statute of limitations defense; discretionary authority for provisional arrest and detention; language relating to the seizure of assets; exceptions to the rule of speciality (permitting prosecution for crimes other than those for which extradition was granted); and retroactive application.
The Treaty also contains articles relating to capital punishment, waiver of extradition, extradition involving third countries, double jeopardy, the elimination of nationality as a bar to extradition, translations, and deferred prosecution.
The Senate conditioned its approval of the Treaty upon an understanding, two declarations and three provisos which relate to the Treaty's treatment of the exception for politically motivated requests and the role of the courts, its changes in the double jeopardy clause, assurances that the Treaty is not designed to accomplish the extradition of fugitives from Northern Ireland covered by the Belfast/Good Friday Agreement, and reporting requirements concerning the disposition of requests under the Treaty.
This report is available in an abridged form as CRS Report RS21633, Extradition Between the United States and Great Britain: A Sketch of the 2003 Treaty , by [author name scrubbed] (pdf); also see CRS Report 98-958, Extradition To and From the United States: Overview of the Law and Recent Treaties , by [author name scrubbed].