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Henry Kissinger Letter Submitting the Treaty of Extradition between the US and Australia
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7335634
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Henry Kissinger Letter Submitting the Treaty of Extradition between the US and Australia
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White House Press Releases (Ford Administration)
Press Releases
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1974-08-10
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1974
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Digitized from Box 1 of the White House Press Releases at the Gerald R. Ford Presidential Library
DEPARTMENT OF STATE
WASHINGTON
August 10, 1974
The President:
I have the honor to submit to you the Treaty on
Extradition between the United States of America and
Australia signed at Washington on May 14, 1974. I
recommend that the Treaty be transmitted to the Senate
for its advice and consent to ratification.
The Treaty follows generally the form and content
of extradition treaties recently concluded by this
government. It provides for the extradition of
fugitives who have been charged with, or convicted of,
any of the twenty-nine offenses specified in Article II.
In addition, Article II (2) provides that extradition
shall also be granted for any other offenses which are
made extraditable under the extradition laws of Australia
and which are felonies under the laws of the United
States. This provision adds flexibility to the Treaty
and was included in the Treaty to make it compatible
with Australian domestic legislation. The Treaty also
contains a provision in Article II which enables extra-
dition to be granted in the case of a conspiracy to
commit any of the specified or incorporated offenses.
Article III defines the territorial application of
the Treaty. In addition to the normal content of that
concept, territorial jurisdiction includes registered
aircraft in flight. Flight is defined in accordance
with the Convention on Offenses and Certain Other Acts
The President,
The White House.
&
FORD
GERALD
LIBRARY
- 2 -
Committed on Board Aircraft, done at Tokyo on Septem-
ber 14, 1963 (Tokyo Convention). The major purpose of
this provision is to extend jurisdiction to acts of air
piracy whether or not they occur over United States
territory.
Article IV provides for extradition for offenses
committed outside the territory of either party if the
offense so committed would be punishable under the laws
of both parties. It is anticipated that this provision
would be most useful in the area of narcotic and counter-
feiting violations. A similar provision is contained in
the Treaty on Extradition between the United States and
Denmark.
Article V deals with the extradition of one's own
nationals. This article provides that neither party is
bound to deliver up its own nationals but that discretion
to do so resides in the executive authority of each party.
It is also provided in this Article that, for the purposes
of this Article, Australian protected persons shall be
deemed to be nationals of Australia.
Article VII specifies the conditions under which
extradition shall not be granted and Article VIII provides
that if extradition is requested for an offense which,
under the law of the requesting State, is subject to a
penalty of death, the law of the requested State not
providing for such a penalty in a similar case, the
requested State may recommend to the requesting State
that any punishment imposed for such an offense be a
less severe punishment.
Article XIV adds to the flexibility of this Treaty
by providing that a person extradited under this Treaty
FORD & LIBRARY BERRAD
II
- 3 -
may be detained, tried or punished in the territory of the
requesting State for any offense mentioned in Article II
for which the person could be convicted upon proof, of the
facts upon which the request for extradition was based.
Thus, in certain circumstances, it would be possible to
obtain a manslaughter conviction against a person who was
extradited as the result of a warrant specifying murder
as the extraditable offense while without this provision
it would not be possible to obtain conviction on such
lesser included offenses.
Article XVIII provides that each party shall assist
the other in the presentation of extradition cases before
the respective judges and magistrates. This requirement
has been included in the more recent extradition treaties
which the United States has negotiated. It is normally
included now because the costs of presentation are a
hindrance to the making of extradition requests. This
Article differs from 18 U.S.C. 3195 which requires that
costs or expenses incurred in extradition proceedings be
paid by the requesting authority.
Upon entry into force, the present Treaty will
terminate and replace, as between the United States and
Australia, the Treaty on Extradition between the United
States and Great Britain of December 22, 1931, as made
applicable to Australia.
The Department of Justice favors ratification of
this new Treaty. It is hoped that the Senate will consider
and approve the Treaty at an early date.
Respectfully submitted,
H. A. liming
Enclosure:
Treaty on Extradition.
FORD & BERALD LIBRARY