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1 1 (October 10, 2006)

handle is hein.crs/crsaihs0001 and id is 1 raw text is: Order Code RS21633 Updated October 10, 2006 CRS Report for Congress Received through the CRS Web Extradition Between the United States and Great Britain: A Sketch of the 2003 Treaty Charles Doyle Senior Specialist American Law Division Summary 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. 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 an abridged version (without footnotes or citations) of CRS Report RL32096, Extradition Between the United States and Great Britain: The 2003 Treaty. Senate Response to Initial Objections to 2003 Treaty. The Senate gave its advice and consent to the 2003 Treaty on September 29, 2006, subject to an understanding, two declarations, and three provisos, 152 Cong. Rec. S 10766-767 (daily ed. Sept. 29, 2006). The understanding, declarations and provisos confirm that (1) federal courts will retain the authority to bar extradition when a request fails to meet the demands of 2003 Treaty; (2) the 2003 Treaty does not obligate the United States to take any action proscribed by the Constitution; (3) the parties have disclaimed any interest in prosecuting offenses committed in Northern Ireland prior to and addressed in the Belfast/Good Friday Agreement. It also urges the Secretary of State to consider carefully any requests for the extradition of a fugitive who was previous acquitted, and after the Treaty becomes effective it requires annual reports from the Secretary on the number and disposition of extradition requests under the Treaty. Critics had earlier objected to the Treaty on the grounds that: It eliminates the political offense for any offense allegedly involving violence or weapons, including any solicitation, conspiracy or attempt to commit such Congressional Research Service +. The Library of Congress

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