Agreement On Extradition Between The European Union And The United States Of America

(h) Article 11 shall apply where there are no bilateral contractual provisions allowing for the waiver of extradition or the simplified extradition procedure; 2. If the constitutional principles or final judicial decisions binding on the requested State constitute an obstacle to the performance of its obligation to extradite and the solution to this question is not provided for in this Agreement or the applicable bilateral treaty, consultations shall take place between the requested State and the requesting State. (a) Article 4 shall apply instead of bilateral provisions of the Treaty permitting extradition only in respect of a list of certain offences; 3. In its decision pursuant to paragraphs 1 and 2, the requested State shall take into account all relevant factors, including, but not limited to, factors already defined in the applicable extradition treaty and, unless already established, 2. The application of this Agreement to any territory or country for which an extension has been effected in accordance with paragraph 1 (b): may be adopted in writing by any Party with a period of six months in respect of the other Party, provided that this has been duly confirmed between the Member State concerned and the United States of America. 1. Where a request for extradition is accepted in the case of a person who is the subject of a request or sentence in the requested State, the requested State may, by way of prosecution, temporarily surrender the requested person to the requesting State. This note reflects the arrangements for the implementation of certain provisions of the Extradition Agreement between the European Union and the United States of America (hereinafter referred to as “the Agreement”). If the requested person accepts surrender to the requesting State, the requested State may, in accordance with the principles and procedures laid down in its legal order, surrender him or her as soon as possible without further procedure. The consent of the sought person may include consent to the waiver of the protection of the rule of speciality. (b) In accordance with the Treaty on European Union, the European Union shall ensure that the new Member States which accede to the European Union after the entry into force of this Agreement and which have concluded bilateral extradition agreements with the United States of America take the measures referred to in point (a).

This Agreement shall not preclude the conclusion of bilateral agreements between a Member State and the United States of America after its entry into force. 2. Such additional information may be requested and provided directly between the ministries of justice of the States concerned. (g) Article 10 shall apply, save as otherwise provided, in the place or absence of bilateral provisions of the Treaty relating to the decision of several requests for extradition of the same person; The European Union shall notify the United States of America of any designation provided for in Articles 2(3) and 10(2) prior to the exchange of written documents referred to in Article 3(2) between the Member States and the United States of America. . . .