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1988 Supplement 4 American Foreign Policy Current Documents [1] (1988)

handle is hein.forrel/afpdoc0050 and id is 1 raw text is: PROTOCOL AMENDING THE TREATY ON EXTRADITION BEWE THE UNITED STATES OF AMERICA AND CANADA SIGNED AT WASHINGTON ON DECEMBER 3, 1971, AS AMENDED BY AN EXCHANGE OF NOTES ON JUNE 28 AND JULY 9, 1974 The Government of the United States of America and the Government of Canada; Desiring to make more effective the Extradition Treaty between the Contracting Parties, signed at Washington on December 3, 1971, as amended by the agreement effected by an Exchange of Notes on June 28 and July 9, 1974 (hereinafter referred to as the Extradition Treaty); Have agreed as follows: ARTICLE 1 Article 2 of the Extradition Treaty is deleted and replaced by the following: Article 2 (1) Extradition shall be granted for conduct which constitutes an offense punishable by the laws of both Contracting Parties by imprisonment or other form of detention for a term exceeding one year or any greater punishment. (2) An offense is extraditable notwithstanding (i) that conduct such as interstate transportation or use of the mails or of other facilities affecting interstate or foreign commerce, required for the purpose of establishing jurisdiction, forms part of the offense in the United States, or (ii) that it relates to taxation or revenue or is one of a purely fiscal character. ARTICLE II The SCHEDULE to the Extradition Treaty, as amended, is deleted. ARTICLE III Paragraph (2) of Article 3 of the Extradition Treaty is deleted. Paragraph (3) of Article 3 of the Extradition Treaty is amended to read as follows: (2) When the offense for which extradition is requested was committed outside the territory of the requesting State, the executive or other appropriate authority of the requested State shall grant extradition if the laws of the requested State provide for jurisdiction over such an offense committed in similar circumstances. If the laws in the requested State do not so provide, the executive authority in the requested State may, in its discretion, grant extradition. Digitized from Best Copy Available

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