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UNITED STATES OF AMERICA
Marshall Islands
Agreement on Extradition, Mutual Assistance in Law
Enforcement Matters
and Penal Sanctions, with Agreed Minute
Entered into force May 1, 2004; Effective October 21,
1986
Signed at Majuro April 30, 2003
Agreement on Extradition, Mutual Assistance in Law
Enforcement Matters and
Penal Sanctions Concluded Pursuant to Section 175 of The
Amended Compact of
Free Association
Agreement in Implementation of Section 175 of
The Amended Compact of FreeAssociation
This Agreement is concluded by the
Government of the Republic of the Marshall Islands and
the Government of the United States as an international
agreement and sets forth the obligations, duties, and
procedures between the Governments of the Republic of
the Marshall Islands and the United States regarding
mutual assistance and cooperation in law enforcement
matters including the pursuit, capture, imprisonment and
extradition of fugitives from justice and transfer of
prisoners pursuant to section 175 of the amended Compact
of Free Association. With respect to the Republic of the
Marshall Islands and the United States, this Agreement
supercedes the Agreement Between the Government of the
United States and the Government of the Marshall Islands
Regarding Mutual Assistance in Law Enforcement Matters
signed July 21, 1986 and the Agreement on Extradition,
Mutual Assistance in Law Enforcement Matters and Penal
Sanctions Concluded Pursuant to Section 175 of the
Compact of Free Association signed May 30, 1982 and
October 1, 1982.
TITLE ONE DEFINITIONS
Article I Definitions
1. The
definition of terms set forth in Article II of Title
Four of the amended Compact is incorporated in this
Agreement.
2. For the purposes of
Titles Two, Three and Four of this Agreement only, the
following terms shall have the following meanings:
(a) "Signatory Governments" means the Government of the
United States and the Government of the Republic of the
Marshall Islands. As used here, the Government of the
United States shall include the Governments of the
states of the United States of America, the United
States' territories and possessions, the District of
Columbia, the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands.
(b) "Jurisdiction" is used in a geographic sense. The
term "jurisdiction of the requesting/requested
Government" when applied to the Government of the
Republic of the Marshall Islands means "the Republic of
the Marshall Islands" as defined in section 461(c) of
the amended Compact.
(c) "Judge" as used in this Agreement shall include any
judicial officer of a "Signatory Government" who has the
authority to issue a warrant of arrest or its
equivalent.
(d) "Investigation" means an investigation being
conducted by a grand jury or by a law enforcement or
administrative agency of a "Signatory Government".
(e) "Proceeding" means a proceeding before an
administrative or judicial tribunal of a "Signatory
Government".
TITLE TWO EXTRADITION
Article I Obligation to Extradite
The Government of the United States
shall extradite to the Republic of the Marshall Islands,
and the Government of the Republic of the Marshall
Islands shall extradite to the United States, subject to
the provisions and conditions described in this
Agreement, any person found in their respective
jurisdictions against whom the requesting Government is
proceeding for an offense or who is wanted by that
Government for the enforcement of a sentence.
Article II Extraditable Offenses
1. (a) An offense shall be
an extraditable offense if it is punishable under the
laws in both signatory countries by deprivation of
liberty for a period of more than one year or by a more
severe penalty.
(b) For purposes of extradition, it shall not matter
whether the laws of the requesting and requested
Signatory Governments place the offense within the same
category of offenses or describe an offense by the same
terminology.
2. Extradition shall be
granted in respect of an extraditable offense for the
enforcement of a penalty or prison sentence if the
duration of the penalty or prison sentence still to be
served amounts to at least six months.
3. Subject to the
conditions set out in paragraph 1 of this Article
extradition shall also be granted:
(a) For attempt or conspiracy to commit, or
participation as a principal, accomplice or accessory
in, any extraditable offense; and
(b) For any otherwise extraditable offense, whether or
not the offense is one for which the laws of the United
States require proof of interstate transportation, or
use of the mails or of other facilities affecting
interstate or foreign commerce, such considerations
being solely for the purpose of establishing
jurisdiction in a federal court of the United States.
4. When a request for extradition is granted in respect
of an extraditable offense, it may also be granted for
an offense which could not otherwise fulfill the
requirements of paragraphs 1 or 2 of this Article as
related to the period of deprivation of liberty for
which the offense is punishable or as related to the
duration of the sentence to be served in the
jurisdiction of the requesting Government.
5. Extradition shall be granted in respect of an
extraditable offense committed outside the territory of
the requesting Signatory Government if:
(a) The courts of the requested Government would be
competent to prosecute in similar circumstances; or
(b) The person sought is a citizen or national of the
requesting Government.
Article III Exceptions to Extradition
1.
Extradition shall not be granted:
(a) When the person whose surrender is sought is being
prosecuted or has been convicted, discharged or
acquitted by the requested Government for the offense
for which extradition is requested; or
(b) When the prosecution of the offense is barred by
lapse of time according to the laws of the requesting
Government.
2. Subject to paragraph 3
of this Article, extradition may be refused when the
Executive Authority of the requested Government, in its
sole discretion, determines:
(a) That the offense in relation to which extradition is
requested is of a political character; or
(b) That the request for extradition has been made for
the purpose of trying or punishing the person whose
extradition is sought for an offense of a political
character.
3. Extradition shall not
be refused on the basis of paragraph 2 of this Article
where extradition is requested involves a murder or
other violent crimes against a person, including
attempts, against the life or physical integrity of a
Head of State or Head of Government or of a member of
the Head of State's or Head of Government's family or
any other internationally protected person, including
resident representatives, or where the offense for which
extradition is sought is one which the requesting and
the requested Government has the obligation to extradite
the person sought or to prosecute by reason of a
multilateral treaty or other international agreement or
where the offense for which extradition is sought
involves placing or using an explosive, incendiary or
destructive device capable of endangering life, or
causing substantial bodily harm, or of causing
substantial property damage, or a conspiracy or attempt
to commit any of the foregoing offenses, or aiding or
abetting a person who commits or attempts to commit such
offenses.
Article IV Capital Punishment
When the offense for which extradition
is requested is punishable by death under the laws of
the requesting Government and the laws of the requested
Government do not permit such punishment for that
offense, extradition may be refused unless the
requesting Government provides such assurances as the
Executive Authority of the requested Government
considers sufficient that the death penalty will not be
imposed, or, if imposed, will not be executed.
Article V Deferred or Temporary
Surrender
After a decision on a request for
extradition has been rendered in the case of a person
who is being proceeded against or is serving a sentence
in the jurisdiction of the United States or the Republic
of the Marshall Islands for an offense other than that
for which extradition has been requested, the requested
Government may defer the surrender of the person sought
until the conclusion of the proceedings against that
person, or the full execution of any punishment that may
be, or may have been, imposed; or temporarily surrender
the person sought to the requesting Government solely
for the purpose of prosecution. The person so
surrendered shall remain in custody during the period of
surrender and shall be returned at the conclusion of the
proceedings against that person in accordance with
conditions to be determined by agreement of the
Executive Authorities of the Signatory Governments.
Article VI Extradition Procedures and
Required Documents
1. The
request for extradition shall be made to the requested
national Government by the requesting national
Government on behalf of itself or one or more political
subdivisions. All requests for extradition shall be
submitted through the diplomatic channel. Such requests,
supporting documentation and notices shall be in the
English language.
2. The request shall be
accompanied by a description of the person sought, a
statement of the facts of the case, the text of the
applicable provisions of the laws of the requesting
Government describing the offense and punishment, and a
statement of its applicable laws relating to proceedings
barred by lapse of time.
3. When the request
relates to a person who has not yet been convicted, it
shall also be accompanied by a copy of a warrant of
arrest issued by a judge or other judicial officer of
the requesting Government and by such evidence as would
provide probable cause, according to the laws of the
requested Government, to believe that the person sought
has committed the offense for which extradition is
requested.
4. When the request
relates to a convicted person, it shall be supported by
a copy of the judgment of conviction and evidence
establishing that the person sought is the person to
whom the conviction refers. If no sentence has been
imposed, the request for extradition shall be
accompanied by a statement to that effect. If a sentence
has been imposed, the request for extradition shall be
accompanied by a statement to that effect, by a copy of
the sentence or committal order and by a statement
showing the portion of the sentence remaining to be
served.
5. Documentary evidence
from the requesting Government in support of a request
for extradition shall be deemed duly authenticated and
shall be admissible in evidence in the extradition
hearing when it bears a seal of the requesting
Government, the authenticity of which is attested to by
the principal diplomatic or principal consular officer
of the requested Government assigned or accredited to
the requesting Government.
6. The requested
Government shall promptly communicate to the requesting
Government the decision on the request for extradition.
Article VII Provisional Arrest or
Detention
1. In case
of urgency, a requesting Government may apply to the
requested Government for the provisional arrest or
detention of the person sought pending the presentation
of the formal request for extradition. The request may
be transmitted to the requested Government through the
diplomatic channel or directly between the United States
Department of Justice and the Republic of the Marshall
Islands Ministry of Justice.
2. The application shall
contain: a description of the person sought, including,
if available, the person's nationality; a brief
statement of the facts of the case; the time and
location of the offense (to the extent possible); a
description of the laws violated; a statement of the
existence of a warrant of arrest or detention or a
judgment of conviction against that person; and a
statement of intention to request the extradition of the
person sought.
3. The requesting
Government shall be notified without delay of the
disposition of its request for provisional arrest and
the reasons for any inability to proceed with the
request.
4. A person who is
provisionally arrested or detained may be discharged
from custody upon the expiration of sixty (60) days from
the date of arrest or detention pursuant to such
application if the request for extradition referred to
in Article VI of Title Two of this Agreement has not
been received by the requested Government. Such
termination and discharge shall not prevent the
institution of further proceedings for the extradition
of that person.
Article VIII Rule of Specialty
1. A
person extradited under this Agreement shall not be
arrested, detained, tried or punished in the
jurisdiction of the requesting Government for an offense
other than that for which extradition has been granted
nor be extradited by that Government to a third country
unless:
(a) That person has left the jurisdiction of the
requesting Government after extradition and has
voluntarily returned to it;
(b) That person has not left the jurisdiction of the
requesting Government within thirty days after being
free to do so; or
(c) Upon such conditions as may be prescribed by the
requested Government, that Government:
(1) Has consented to the arrest, detention, trial or
punishment of that person for an offense other than that
for which extradition was granted; or
(2) Has consented to extradition to a third country.
2. Paragraph 1 of this
Article shall not apply to offenses committed after
extradition.
3. Instead of the
offense for which a person was extradited, after notice
to the requested Government, the person may be tried or
punished for a different offense, including a lesser
included offense, provided that it is:
(a) Based on the same facts as were set out in the
request for extradition and the supporting evidence;
(b) Punishable by no greater penalty than the offense
for which the person was extradited; and
(c) An offense referred to in paragraph 1 of Article II
of Title Two.
Article IX Multiple Extradition
Requests
When requests for extradition of the
same person are received from the requesting Government
and one or more other Governments, the requested
Government shall have the discretion to determine to
which Government the person is to be extradited.
Article X Surrender
When a request for extradition has been
granted, surrender of the person sought shall take place
within such time as may be prescribed by the laws of the
requested Government.
Article XI Waiver
1. A
person whose extradition is sought may at any time
voluntarily waive extradition proceedings. The waiver
shall be in writing, endorsed by a judge, and have the
effect of a final decision of the requested Government
to surrender that person.
2. A certified copy
of the waiver shall constitute sufficient authority to
maintain the person sought in custody within the
jurisdiction of the requested Government and to deliver
that person into the custody of the requesting
Government.
Article XII Surrender of Property
1. To the
extent permitted under the laws of the requested
Government and subject to the rights of third parties,
all property relating to the offense shall at the
request of the requesting Government be seized and
surrendered upon the granting of the extradition. This
property shall be handed over even if the extradition
cannot be effected due to the death, escape or
disappearance of the person sought.
2. The requested
Government may make the surrender of the property
conditional upon a satisfactory assurance from the
requesting Government that the property shall be
returned to the requested Government as soon as
possible.
Article XIII Transit
1. Upon
prior notice, the Government of the United States shall
have the right to transport through the jurisdiction of
the Republic of the Marshall Islands persons surrendered
by the Government of the United States to a third
country pursuant to an agreement between the Government
of the United States and that third country or a person
surrendered by a third country to the United States.
2. Upon prior notice, and
if otherwise consistent with U.S. law, the Government of
the Republic of the Marshall Islands shall have the
right to transport through the jurisdiction of the
United States persons surrendered by the Government of
the Republic of Marshall Islands to a third country or a
person surrendered by a third country to the Republic of
Marshall Islands pursuant to an agreement between the
Government of the Republic of Marshall Islands and that
third country.
3. When such transport is
by air and no stop is scheduled in the jurisdiction of
the United States or the Republic of the Marshall
Islands, but is required by extenuating circumstances,
no prior notice shall be required.
Article XIV Expenses
1. The
requesting Government shall bear the cost of
transportation of the person sought.
2. The appropriate legal
officers of the requested Government shall act as
counsel for the requesting Government except as
otherwise agreed.
Article XV Extradition of Citizens or
Nationals
Neither the Government of the United
States nor the Republic of the Marshall Islands shall
refuse extradition based on the nationality of the
person sought.
Article XVI Relationship with Other
Agreements
Offenses committed by United States
personnel as defined in the Status of Forces Agreement
shall be subject to the provisions of the Status of
Forces Agreement only when such personnel are in the
Republic of the Marshall Islands, otherwise the
provisions of this Agreement shall govern.
TITLE THREE JUDICIAL ASSISTANCE
Article I Judicial Assistance
1. The
United States District Court of the district in which a
person resides or is found may order that person to give
testimony or a statement or to produce a document or
other thing for use in a judicial, administrative or
criminal investigation or proceeding in the Republic of
the Marshall Islands.
2. A national court in the
Republic of the Marshall Islands may order a person
residing or found within its jurisdiction to give
testimony or a statement or to produce a document or
other thing for use in a judicial, administrative, or
criminal investigation or proceeding in the United
States.
3. The order may be made
either pursuant to a letter rogatory issued or a request
made by a court of the other Signatory Government, or
pursuant to a request made by a department or ministry
of justice of the other Signatory Government.
4. The order may direct
that the testimony or statement be given or the
documents or other things be produced before a person
appointed by the court. By virtue of this appointment,
the person appointed has power to administer any
necessary oath and take the testimony or statement.
5. When requested, the
prescribed procedure shall be designed to meet the
requirements for admission in evidence of the testimony
or statement to be given, or the document or other thing
to be produced, in the place where it is sought to be
used. In such cases and as otherwise necessary or
appropriate, the order shall prescribe the procedure for
taking the testimony or statement or producing the
document or other thing.
6. A person may not be
compelled to give testimony or a statement or to produce
a document or other thing in violation of any legal or
constitutional right or privilege applicable in the
jurisdiction in which the testimony or statement is
given, or a document or other thing is produced.
7. This Agreement does not
preclude a person from voluntarily giving testimony or a
statement, or producing a document or other thing, for
use in an investigation or proceeding in the United
States or the Republic of the Marshall Islands.
8. Letters rogatory,
requests and applications for assistance pursuant to
this Title shall be in the English language.
TITLE FOUR EXECUTION OF PENAL
SANCTIONS
Article I Scope
1.
Sentences imposed by courts of the Republic of the
Marshall Islands on citizens or nationals of the United
States may be served in penal institutions of the United
States or under the supervision of its authorities in
accordance with the provisions of this Agreement.
2. Sentences imposed by
courts of the United States, or a state thereof, on
citizens or nationals of the Republic of the Marshall
Islands may be served in penal institutions of the
Republic of the Marshall Islands, or under the
supervision of its authorities in accordance with the
provisions of this Agreement.
Article II Definitions
For the purposes of this Title only:
1. "Transferring
Government" means the Signatory Government from which
the offender is to be transferred.
2. "Receiving Government"
means the Signatory Government to which the offender is
transferred.
3. "Offender" means a
citizen or national of the Republic of the Marshall
Islands who has been sentenced by a court of the United
States, or a state thereof; or a citizen or national of
the United States who has been convicted by a court of
the Republic of the Marshall Islands.
4. "Category I Offender"
means an "Offender" who comes within the meaning of the
term "United States personnel," as that term is defined
in paragraph 2(d) of Article I of the Status of Forces
Agreement.
5. "Category II Offender"
means all "Offenders" other than "Category I Offenders."
6. "State" when used in
the sense of a part of the United States means any State
of the United States, any territory or possession of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and the Commonwealth of the
Northern Mariana Islands.
Article III Eligibility
This Agreement shall apply only under
the following conditions:
1. That the offense for
which the Offender was convicted and sentenced is one
which would be punishable in the Receiving Government;
provided, however, that this condition shall not be
interpreted so as to require that the offense described
in the laws of both Governments be identical in those
matters which do not affect the nature of the crime.
2. That the Offender be a
citizen or national of the Receiving Government.
3. That the Offender has
not been sentenced to the death penalty nor convicted of
a purely military offense.
4. Except for Category I
Offenders, that at least six months of the Offender's
sentence remain to be served at the time of petition to
transfer.
5. That the sentence be
final, that any appeal procedures have been completed,
and that there be no collateral or extraordinary
remedies pending at the time of invocation of the
provisions of this Agreement.
6. That the Offender's
express consent, or the consent of a legal
representative in the case of a minor or of an Offender
who has become mentally incompetent, to transfer has
been given voluntarily and with full knowledge of the
legal consequences thereof.
7. That, before the
transfer, the Transferring Government shall afford an
opportunity to the Receiving Government to verify
through an officer designated by the laws of the
Receiving Government that the Offender's consent to the
transfer has been given voluntarily.
Article IV Transfer Procedures
1. The
Signatory Government of which an Offender is a citizen
or national shall make each request for transfer of an
Offender in writing to the Transferring Government.
2. As to an eligible
Category I Offender, no finding of the appropriateness
of such consenting Offender's transfer by the
Transferring Government shall be required. Once internal
arrangements have been completed, the transfer of the
Offender shall be effected.
3. As to a Category II
Offender, if the Transferring Government considers the
request to transfer the Offender appropriate, the
Transferring Government will communicate its approval of
such request to the Receiving Government so that, once
internal arrangements have been completed, the transfer
of the Offender may be effected.
4. (a) In deciding whether
to request the transfer of a Category II Offender under
paragraphs 1 and 3 of this Article and with the
objective that the transfer should contribute positively
to the Government will consider, among other factors:
the seriousness of the crime; the Offender's previous
criminal record, if any; the Offender's health status;
and the ties which the Offender may have to the society
of the Transferring Government and the Receiving
Government.
(b) If the Offender gives his express consent to the
transfer, the Transferring Government shall consider the
request promptly and approve it in the absence of
serious countervailing considerations, which it shall
specify.
5. In any case in which a
citizen or national of the Republic of the Marshall
Islands has been sentenced by a state of the United
States, the approval of such an Offender's transfer
pursuant to paragraph 3 of this Article shall be
required from both the appropriate state authority and
the federal authority.
6. The Transferring
Government shall furnish to the Receiving Government a
certified copy of the sentence or judgment relating to
the Offender. When the Receiving Government considers
such information relevant, it may request, at its
expense, copies of the trial record, or portions
thereof, or such additional information as it deems
necessary. The Transferring Government shall grant such
requests to the extent permissible under its laws.
7. Delivery of an Offender
by the authorities of the Transferring Government to
those of the Receiving Government shall occur at a place
agreed upon by the two Governments. The Receiving
Government will be responsible for the custody and
transport of the Offender from the Transferring
Government.
8. The Receiving
Government shall not be entitled to any reimbursement
for the expenses incurred by it in the transfer of an
Offender or the completion of the Offender's sentence.
Article V Execution of Sentence
1. An
Offender delivered for execution of sentence under this
Agreement may not again be detained, tried or sentenced
by the Receiving Government for the same offense for
which the sentence was imposed by the Transferring
Government.
2. Except as otherwise
provided in this Agreement, the completion of a
transferred Offender's sentence shall be carried out
according to the laws and procedures of the Receiving
Government, including the application of any provisions
for reduction of the term of confinement by parole,
conditional release, or otherwise.
3. Each Signatory Party
may request reports indicating the status of confinement
of all Offenders transferred by it under this Agreement,
including in particular the parole or release of an
Offender. Transferring Government may, at any time,
request from the Receiving Government a special report
on the status of the execution of an individual
sentence.
Article VI Review or Modification of
Sentence
The Transferring Government shall retain
exclusive jurisdiction over the sentences imposed and
any procedures that provide for revision or modification
of the sentences pronounced by its courts. The
Transferring Government also shall retain the power to
pardon or grant amnesty or clemency to an Offender. The
Receiving Government, upon being informed of any
decision in this regard, will put such measures into
effect.
Article VII Transit
1. Upon
prior notice, the Government of the United States shall
have the right to transport through the Republic of the
Marshall Islands Offenders being transferred between the
United States and a third country pursuant to an
agreement between the Government of the United States
and that third country.
2. Upon prior notice, and
if otherwise consistent with U.S. law, the Government of
the Republic of the Marshall Islands shall have the
right to transport through the United States Offenders
being transferred between the Republic of the Marshall
Islands and a third country pursuant to an agreement
between the Government of the Republic of the Marshall
Islands and that third country.
3. When such transport is
by air and no stop is scheduled in the jurisdiction of
Signatory Government, but is required by extenuating
circumstances, no prior notice shall be required.
TITLE FIVE MUTUAL ASSISTANCE IN LAW
ENFORCEMENT MATTERS
Article I Law Enforcement Assistance
1. The law
enforcement agencies of the United States and the
Republic of the Marshall Islands shall assist one
another, as mutually agreed, in the prevention and
investigation of crimes and the enforcement of the laws
of the United States and the Republic of the Marshall
Islands specified in section 3 of this Article. The
United States and the Republic of the Marshall Islands
will authorize mutual assistance with respect to
investigations, inquiries, audits and related activities
by the law enforcement agencies of both Governments in
the United States and the Republic of the Marshall
Islands. In conducting activities authorized in
accordance with the constitution and laws of the
jurisdiction in which such activities are conducted.
2. The United States and
the Republic of the Marshall Islands will take all
reasonable and necessary steps, as mutually agreed,
based upon consultations in which the Attorney General
or other designated officials of each Government
participates, to prevent the use of the lands, waters,
and facilities of the United States or the Republic of
Marshall Islands for the purposes of cultivation of,
production of, smuggling of, trafficking in, and abuse
of any controlled substance as defined in section 102(6)
of the United States Controlled Substances Act and
Schedules I through V of Subchapter II of the Controlled
Substances Act of the Marshall Islands, or for the
distribution of any such substance to or from the
Republic of the Marshall Islands or to or from the
United States or any of its territories or
commonwealths.
3. Assistance provided
pursuant to this agreement shall also extend to, but not
be limited to, prevention and prosecution of violations
of the laws of the United States and the laws of the
Republic of the Marshall Islands related to terrorism,
espionage, racketeer influenced and corrupt
organizations, and financial transactions which advance
the interests of any person engaging in unlawful
activities, as well as the offenses referred to in Title
Two, Article II of this Agreement.
4. The Government of the
United States and the Government of the Republic of the
Marshall Islands agree that the law enforcement
personnel of the United States may be present during
direct police arrest actions in the Republic of the
Marshall Islands related to narcotic control efforts,
and that law enforcement personnel of the Republic of
the Marshall Islands may be present during direct police
arrest actions in the United States related to narcotic
control efforts, as authorized on a case-by-case basis
by the Attorney General or other designated
representative of the Government of the jurisdiction in
which such direct police arrest action is taken.
5. Pursuant to sections
222 and 224 of the amended Compact, the United States
shall provide non-reimbursable technical and training
assistance as appropriate, including training and
equipment for postal inspection of illicit drugs and
other contraband, to enable the Government of the
Republic of the Marshall Islands to cooperate with the
United States in the enforcement of criminal laws of the
United States.
TITLE SIX EFFECTIVE DATE, AMENDMENT
AND DURATION
Article I Effective Date, Amendment and Duration
1. Titles
One through Four and Title Six of this Agreement went
into effect on October 21, 1986, the effective date of
the original Compact.
2. Title Five of this
Agreement went into effect as the Agreement Between the
Government of the United States and the Government of
the Marshall Islands Regarding Mutual Assistance in Law
Enforcement Matters signed July 21, 1986 and in
accordance with the Compact and applicable laws and
procedures of the United States and the Republic of the
Marshall Islands on October 21, 1986.
3. This Agreement may be
amended at any time by the mutual consent of the
Government of the Republic of the Marshall Islands and
the Government of the United States.
4. Titles One, Two and
Three of this Agreement are effective until terminated
by the Government of the United States or the Government
of the Republic of the Marshall Islands, in the
following manner:
(a) Termination of this Agreement by either the
Government of the United States or the Government of the
Republic of the Marshall Islands shall be effected by a
written notification of the terminating Government to
the other Government.
(b) Termination shall take effect one year after the
recipient Government has been notified.
5. Except as provided in
paragraph 7 of this Article, Titles Four and Six of this
Agreement are effective for the period of effectiveness
of the Status of Forces Agreement, except for those
provisions relating to Category II Offenders which may
be terminated in accordance with paragraph 4 of this
Article.
6. Upon acceptance by the
United States Secretary of State, paragraph 4 of Title
Five of this Agreement shall constitute the exemption
under 22 U.S.C. 2291(c)(2).
7. Title Five of this
Agreement shall remain in effect for a term coincident
with section 175 of the amended Compact and thereafter
as mutually agreed by the Government of the United
States and the Government of the Republic of the
Marshall Islands.
DONE at Majuro, RMI, in duplicate, this
30th day of April, 2003, each text being equally
authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
[Signature]
FOR THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL
ISLANDS:
[Signature]
Agreement on Extradition, Mutual Assistance in Law
Enforcement Matters and Penal Sanctions Concluded
Pursuant to Section 175 of The Amended Compact of Free
Association
Agreed Minute
Article XVI, Relationship with Other
Agreements: Article XVI of Title II of this Agreement
makes it clear that "United States personnel" (within
the meaning of the Status of Forces Agreement [SOFA])
who commit offenses while in the Republic of the
Marshall Islands shall be subject to the applicable
provisions of the SOFA. If a person who comes within the
SOFA definition of "United States personnel," other than
a member of the force, returns to the United States and
is no longer subject to the SOFA, the provisions of the
extradition agreement would apply. If, however, the
offender is a member of the force at the time of the
extradition request, it is contemplated that the
Executive Authority would not exercise its authority to
extradite the Offender, but would refer the case to the
military authorities for disposition in accordance with
the provisions of the SOFA.
Article XVI of Title II of the Extradition Agreement is
without prejudice to the provisions of the SOFA which
otherwise allows transfer of members of the force to the
Republic of the Marshall Islands or the Federated States
of Micronesia.
(a) A separate agreement, which shall come into effect
simultaneously with this Compact, as amended, and shall
have the force of law, shall govern mutual assistance
and cooperation in law enforcement matters, including
the pursuit, capture, imprisonment and extradition of
fugitives from justice and the transfer of prisoners, as
well as other law enforcement matters. In the United
States, the laws of the United States governing
international extradition, including 18 U.S.C. 3184,
3186, and 3188-95, shall be applicable to the
extradition of fugitives under the separate agreement,
and the laws of the United States governing the transfer
of prisoners, including 18 U.S.C. 4100-15, shall be
applicable to the transfer of prisoners under the
separate agreement; and
(b) A separate agreement, which shall come into effect
simultaneously with this Compact, as amended, and shall
have the force of law, shall govern requirements
relating to labor recruitment practices, including
registration, reporting, suspension or revocation of
authorization to recruit persons for employment in the
United States, and enforcement for violations of such
requirements.
State Dept. No. 04-181 |