No.
19462
UNITED
STATES
OF
AMERICA
and
MEXICO
Extradition
Treaty
(with
appendix).
Signed
at
Mexico
City
on
4
May
1978
Authentic
texts:
English
and
Spanish.
Registered
by
the
United
States
of
America
on
9
December
1980.
ÉTATS-UNIS
D'AMÉRIQUE
et
MEXIQUE
Traité
d'extradition
(avec
annexe).
Signé
à
Mexico
le
4
mai
1978
Textes
authentiques
:
anglais
et
espagnol.
Enregistré
par
les
États-Unis
d'Amérique
le
9
décembre
1980.
Vol.
1207,1-19462
190_____United
Nations
—
Treaty
Series
•
Nations
Unies
—
Recueil
des
Traités_____1980
EXTRADITION
TREATY
1
BETWEEN
THE
UNITED
STATES
OF
AMERICA
AND
THE
UNITED MEXICAN
STATES
The
Government
of
the
United
States
of
America
and
th
Government
of
the
United
Mexican
States,
Desiring
to
cooperate
more
closely
in
the
fight
against
crime
and,
to
this
end,
to
mutually
render
better
assistance
in
matters
of
extradition,
Have
agreed
as
follows:
Article
1.
OBLIGATION
TO
EXTRADITE
1.
The
Contracting
Parties
agree
to
mutually
extradite,
subject
to
the
provi
sions
of
this
Treaty,
persons
who
the competent
authorities
of
the
requesting
Party
have
charged
with
an
offense
or
have
found
guilty
of
committing
an
offense,
or
are
wanted
by
said
authorities
to
complete
a
judicially
pronounced
penalty
of
depriva
tion
of
liberty
for
an
offense
committed
within
the
territory
of
the
requesting
Party.
2.
For
an
offense
committed
outside
the
territory
of
the
requesting
Party,
the
requested
Party
shall
grant
extradition
if:
(a)
Its
laws
would
provide
for
the
punishment
of
such
an
offense
committed
in
simi
lar circumstances,
or
(b)
The
person sought
is
a
national
of
the
requesting
Party,
and
that
Party
has
juris
diction
under
its
own
laws
to
try
that
person.
Article
2.
EXTRADITABLE
OFFENSES
1.
Extradition
shall
take
place,
subject
to
this
Treaty,
for
wilful
acts
which
fall
within
any
of
the
clauses
of
the
Appendix
and
are
punishable
in
accordance
with
the
laws
of
both
Contracting
Parties
by
deprivation
of
liberty,
the
maximum
of
which
shall
not
be
less
than
one
year.
2.
If
extradition
is
requested
for
the
execution
of
a
sentence,
there
shall be
the
additional
requirement
that
the
part
of
the
sentence
remaining
to
be
served
shall
not
be
less
than
six
months.
3.
Extradition
shall
also
be
granted
for
wilful
acts
which,
although
not
being
included
in
the
Appendix,
are
punishable,
in
accordance
with
the
federal
laws
of
both
Contracting
Parties,
by
a
deprivation
of
liberty, the maximum
of
which
shall
not
be
less
than
one
year.
4.
Subject
to
the
conditions
established
in
paragraphs
1,
2
and
3,
extradition
shall
also
be
granted:
(a)
For
the
attempt to
commit
an
offense;
conspiracy
to
commit
an
offense;
or
the
participation
in
the
execution
of
an
offense;
or
(b)
When,
for
the
purpose
of
granting
jurisdiction
to
the
United
States
government,
transportation
of
persons
or
property,
the
use
of
the
mail
or
other
means
of
carrying
out
interstate
or
foreign
commerce
is
also
an
element
of
the
offense.
1
Came
into
force
on
25
January
1980
by
the
exchange
of
the
instruments
of
ratification,
which
took
place
at
Wash
ington,
in
accordance
with
article
23
(2).
Vol.
1207,1-19462
1980_____United
Nations
—
Treaty
Series
•
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Unies
—
Recueil
des
Traités_____191
Article
3.
EVIDENCE
REQUIRED
Extradition
shall be
granted
only
if
the
evidence
be
found
sufficient,
according
to
the
laws
of
the
requested
Party,
either
to justify
the
committal
for
trial
of
the
per
son
sought
if
the
offense
of
which
he
has
been
accused
had
been
committed
in
that
place,
or
to
prove
that
he
is
the
person
convicted
by
the
courts
of
the
requesting
Party.
Article
4.
TERRITORIAL
APPLICATION
1.
For
the purposes
of
this
Treaty,
the
territory
of
a
Contracting
Party
shall
in
clude
all
the
territory
under
the
jurisdiction
of
that
Contracting
Party,
including
airspace
and
territorial
waters
and
vessels
and
aircraft
registered
in
that
Contracting
Party
if
any
such
aircraft
is
in
flight
when
the
offense
is
committed.
2.
For
the purposes
of
this
Treaty,
an
aircraft
shall
be
considered
to
be in
flight
at
any
time
from
the
moment
when
all
its
external
doors
are
closed
following
the
em
barkation
until
the moment
when
any
such
door
is
opened
for
disembarkation.
Article
5.
POLITICAL
AND
MILITARY
OFFENSES
1.
Extradition
shall
not
be
granted
when
the
offense
for
which
it
is
requested
is
political
or
of
a
political
character.
If
any
question
arises
as
to
the
application
of
the
foregoing
paragraph,
the
Executive
authority
of
the
requested
Party
shall
decide.
2.
For
the
purpose
of
this
Treaty,
the
following
offenses
shall
not
be
con
sidered
to
be
offenses
included
in
paragraph
1
:
(a)
The
murder
or
other
wilful
crime
against
the
life
or
physical
integrity
of
a
Head
of
State
or
Head
of
Government
or
of
his
family,
including
attempts
to
commit
such
an
offense.
(6)
An
offense
which
the
Contracting
Parties
may
have
the
obligation
to
prosecute
by
reason
of
a
multilateral
international
agreement.
3.
Extradition
shall
not
be
granted
when
the
offense
for
which
extradition
is
re
quested
is
a
purely
military
offense.
Article
6.
"NoN
BIS
IN
IDEM"
Extradition
shall
not
be
granted
when
the
person
sought
has
been
prosecuted
or
has
been
tried
and
convicted
or acquitted
by
the
requested
Party
for
the
offense
for
which
extradition
is
requested.
Article
7.
LAPSE
OF
TIME
Extradition
shall
not
be
granted
when
the
prosecution
or
the
enforcement
of
the
penalty
for
the
offense
for
which
extradition
has
been
sought
has
become
barred
by
lapse
of
time
according
to
the
laws
of
the
requesting
or
requested
Party.
Article
8.
CAPITAL
PUNISHMENT
When
the
offense
for
which
extradition
is
requested
is
punishable
by
death
under
the
laws
of
the
requesting
Party
and
the
laws
of
the
requested
Party
do
not
permit
such
punishment for
that
offense,
extradition
may
be
refused,
unless
the
requesting
Party
furnishes
such
assurances
as
the
requested
Party
considers
sufficient
that
the
death
penalty
shall
not
be
imposed,
or,
if
imposed,
shall
not
be
executed.
Vol.
1207,1-19462
1980_____United
Nations
—
Treaty
Series
•
Nations
Unies
—
Recueil
des
Traités______193
Article
11.
PROVISIONAL
ARREST
1.
In
the
case
of
urgency,
either
Contracting
Party
may
request,
through
the
diplomatic
channel,
the
provisional
arrest
of
an
accused
or
convicted
person.
The
ap
plication
shall
contain
a
description
of
the
offense
for
which
the
extradition
is
re
quested,
a
description
of
the
person
sought
and
his
whereabouts,
an
undertaking
to
formalize
the
request
for
extradition,
and
a
declaration
of
the
existence
of
a
warrant
of
arrest
issued
by
a
competent
judicial
authority
or
a
judgment
of
conviction
issued
against
the
person sought.
2.
On receipt
of
such
a
request,
the
requested
Party
shall
take the
necessary
steps
to
secure
the
arrest
of
the
person
claimed.
3.
Provisional
arrest
shall
be
terminated
if,
within
a
period
of
60
days
after
the
apprehension
of
the
person
claimed,
the
executive
authority
of
the
requested
Party
has
not
received
the
formal
request
for
extradition
and the
documents mentioned
in
article
10.
4.
The
fact
that
the
provisional
arrest
is
terminated
pursuant
to
paragraph
3
shall
not
prejudice
the
extradition
of
the
person
sought
if
the
request
for
extradition
and
the
necessary
documents
mentioned
in
article
10
are
delivered
at
a
later
date.
Article
12.
ADDITIONAL
EVIDENCE
If
the
executive
authority
of
the
requested
Party
considers
that
the
evidence
furnished
in
support
of
the
request
for
extradition
is
not
sufficient
in
order
to
fulfill
the
requirements
of
this
Treaty,
that
Party
shall
request
the
presentation
of
the
necessary
additional
evidence.
Article
13.
PROCEDURE
1.
The
request
for
extradition
shall
be
processed
in
accordance
with
the
legisla
tion
of
the
requested
Party.
2.
The
requested
Party
shall
make
all
arrangements
necessary
for
internal
pro
cedures
arising
out
of
the
request
for
extradition.
3.
The
competent
legal
authorities
of
the
requested
Party
shall
be
authorized
to
employ
all
legal
means
within
their
power
to
obtain
from
the
judicial
authorities
the
decisions necessary
for
the
resolution
of
the
request
for
extradition.
Article
14.
DECISION
AND
SURRENDER
1.
The
requested
Party
shall
promptly
communicate
to
the
requesting
Party
its
decision
on
the
request
for
extradition.
2.
In
the
case
of
complete
or
partial
rejection
of
a
request
for
extradition,
the
requested
Party
shall
give
the
reasons
on
which
it
was
based.
3.
If
the
extradition
is
granted,
the
surrender
of
the
person
sought
shall
take
place
within
such
time
as
may
be
prescribed
by
the
laws
of
the
requested
Party.
The
competent
authorities
of
the
Contracting
Parties
shall
agree
on
the
date
and
place
of
the
surrender
of
the
person sought.
4.
If
the
competent
authority
has
issued
the
warrant
or
order
for
the
extradi
tion
of
the
person
sought
and
he
is
not
removed
from
the
territory
of
the
requested
Party
within
the
prescribed
period,
he
shall
be
set
at
liberty
and
the
requested
Party
may
subsequently
refuse
to
extradite
him
for
the
same
offense.
Vol.
1207,1-19462
1980_____United
Nations
—
Treaty
Series
•
Nations
Unies
—
Recueil
des
Traités______195
2.
The
requested
Party
may
condition
the
surrender
of
articles
upon
a
satisfac
tory
assurance
from
the
requesting
Party
that
the
articles
will
be
returned to
the
re
quested
Party
as
soon
as
possible.
Article
20.
TRANSIT
1.
The
right
to
transport
through
the
territory
of
one
of
the
Contracting
Par
ties
a
person
who
is
not
a national
of
that
Contracting
Party
surrendered
to
the
other
Contracting
Party
by
a
third
State
shall be
granted
on
presentation
made
through
the
diplomatic
channel
of
a
certified
copy
of
the
decision
on
extradition,
provided
that
reasons
of
public
order
are
not
opposed
to
the
transit.
2.
The
authorities
of
the
transit
State
shall be
in
charge
of
the
custody
of
the
extradited
person
while
that
person
is
in
its
territory.
3.
The
Party
to
which
the
person
has
been
extradited
shall
reimburse
the
State
through
whose
territory
such
person
is
transported
for
any
expenses
incurred
by
the
latter
in
connection
with
such
transportation.
Article
21.
EXPENSES
The
requested
Party
shall
bear the
expenses
of
the
arrangements referred
to
in
article
13,
with
the
exception
that
the
expenses
incurred
for
the
translation
of
documents
and,
if
applicable,
for
the
transportation
of
the
person
ordered
extradited
shall be
paid
by
the
requesting
Party.
Article
22.
SCOPE
OF
APPLICATION
1.
This
Treaty
shall
apply
to
offenses
specified
in
article
2
committed
before
and
after
this
Treaty
enters
into
force.
2.
Requests
for
extradition
that
are
under
process
on
the
date
of
the
entry
into
force
of
this
Treaty
shall
be
resolved
in
accordance
with
the
provisions
of
the
Treaty
of
22
February
1899,
and the
Additional
Conventions
on
Extradition
of
25
June
1902,
23
December
1925,'
and
16
August
1939.
2
Article
23.
RATIFICATION,
ENTRY
INTO
FORCE,
DENUNCIATION
1.
This
Treaty
shall be
subject
to
ratification;
the
exchange
of
instruments
of
ratification
shall
take
place
in
Washington
as
soon
as
possible.
2.
This
Treaty
shall
enter
into
force
on
the
date
of
exchange
of
the
instruments
of
ratification.
3.
On
entry
into
force
of
this
Treaty,
the
Treaty
of
Extradition
of
22
February
1899
and
the
Additional
Conventions
on
Extradition
of
25
June
1902,
23
December
1925
and
16
August
1939
between
the
United
States
of
America
and
the
United
Mex
ican
States
shall
cease
to
have
effect
without
prejudice
to
the
provisions
of
article
22.
4.
Either
Contracting
Party
may
terminate
this
Treaty
by
giving
notice
to
the
other
Party.
The
termination
shall
take
effect
six
months
after
the receipt
of
such
notice.
1
League
of
Nations,
Treaty
Series,
vol.
LIV,
p.
441.
2
Ibid.,
vol.
CCIV,
p.
159.
Vol.
1207,1-19462
194______United
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Traités_____1980
Article
15.
DELAYED
SURRENDER
The
requested
Party,
after
granting
the
extradition,
may
defer
the
surrender
of
the
person
sought
when
that
person
is
being
proceeded
against
or
is
serving
a
sentence
in
the
territory
of
the
requested
Party
for
a
different
offense,
until
the
con
clusion
of
the
proceeding
or
the
full execution
of
the
punishment
that
has
been
im
posed.
Article
16.
REQUESTS
FOR
EXTRADITION
MADE
BY
THIRD
STATES
The
requested
Party,
in
the
case
of
receiving
requests
from
the
other
Contract
ing
Party
and
from
one
or
more
third
States
for
the
extradition
of
the
same
person,
be
it
for
the
same
offense
or
for
different
offenses,
shall
decide
to
which
requesting
State
it
shall
grant
the extradition
of
that
person.
Article
17.
RULE
OF
SPECIALITY
1.
A
person
extradited
under
the
present
Treaty
shall
not
be
detained,
tried
or
punished
in
the
territory
of
the
requesting
Party
for
an
offense
other
than
that
for
which
extradition
has
been
granted
nor
be
extradited
by
that
Party
to
a
third
State
unless:
(a)
He
has
left
the
territory
of
the
requesting
Party
after
his
extradition
and
has
voluntarily
returned
to
it;
(b)
He
has
not
left
the
territory
of
the
requesting
Party
within
60
days
after
being
free
to
do
so;
or
(c)
The
requested
Party
has
given
its
consent
to
his
detention,
trial,
punishment
or
extradition
to
a
third
State
for
an
offense
other
than that
for
which
the
extradi
tion
was
granted.
These
stipulations
shall
not
apply
to
offenses
committed
after
the
extradition.
2.
If,
in
the
course
of
the
procedure,
the
classification
of
the
offense
is
changed
for
which
the
person
requested
was
extradited,
he
shall
be
tried
and
sentenced
on
the
condition
that
the
offense,
in
its
new
legal
form:
(a)
Is
based
on
the
same
group
of
facts established
in
the
request
for
extradition
and
in
the
documents
presented
in
its
support;
and
(b)
Is
punishable
with
the
same
maximum
sentence
as
the
crime
for
which
he
was
extradited
or
with
a
lesser
sentence.
Article
18.
SUMMARY
EXTRADITION
If
the
person
sought
informs
the
competent
authorities
of
the
requested
Party
that
he
agrees
to
be
extradited,
that
Party
may
grant
his
extradition
without
further
proceedings,
and
shall
take
all
measures
permitted under
its
laws
to
expedite
the
extradition,
In
such
cases
article
17
shall
not
be
applicable.
Article
19.
SURRENDER
OF
PROPERTY
1.
To
the
extent
permitted
under
the
law
of
the
requested
Party
and
subject
to
the
rights
or
third
parties,
which
shall
be
duly
respected,
all
articles,
instruments,
ob
jects
of
value
or
documents
relating
to
the
offense,
whether
or
not
used
for
its
execu
tion,
or
which
in
any
other
manner
may
be
material
evidence
for
the
prosecution,
shall be
surrendered
upon
the
granting
of
the
extradition
even
when
extradition
can
not
be effected
due
to
the
death,
disappearance,
or
escape
of
the
accused.
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Series
•
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Unies
—
Recueil
des
Traités______195
2.
The
requested
Party
may
condition
the
surrender
of
articles
upon
a
satisfac
tory
assurance
from
the
requesting
Party
that
the
articles
will
be
returned to
the
re
quested
Party
as
soon
as
possible.
Article
20.
TRANSIT
1.
The
right
to
transport
through
the
territory
of
one
of
the
Contracting
Par
ties
a
person
who
is
not
a national
of
that
Contracting
Party
surrendered
to
the
other
Contracting
Party
by
a
third
State
shall be
granted
on
presentation
made
through
the
diplomatic
channel
of
a
certified
copy
of
the
decision
on
extradition,
provided
that
reasons
of
public
order
are
not
opposed
to
the
transit.
2.
The
authorities
of
the
transit
State
shall be
in
charge
of
the
custody
of
the
extradited
person
while
that
person
is
in
its
territory.
3.
The
Party
to
which
the
person
has
been
extradited
shall
reimburse
the
State
through
whose
territory
such
person
is
transported
for
any
expenses
incurred
by
the
latter
in
connection
with
such
transportation.
Article
21.
EXPENSES
The
requested
Party
shall
bear the
expenses
of
the
arrangements referred
to
in
article
13,
with
the
exception
that
the
expenses
incurred
for
the
translation
of
documents
and,
if
applicable,
for
the
transportation
of
the
person
ordered
extradited
shall be
paid
by
the
requesting
Party.
Article
22.
SCOPE
OF
APPLICATION
1.
This
Treaty
shall
apply
to
offenses
specified
in
article
2
committed
before
and
after
this
Treaty
enters
into
force.
2.
Requests
for
extradition
that
are
under
process
on
the
date
of
the
entry
into
force
of
this
Treaty
shall
be
resolved
in
accordance
with
the
provisions
of
the
Treaty
of
22
February
1899,
and the
Additional
Conventions
on
Extradition
of
25
June
1902,
23
December
1925,'
and
16
August
1939.
2
Article
23.
RATIFICATION,
ENTRY
INTO
FORCE,
DENUNCIATION
1.
This
Treaty
shall be
subject
to
ratification;
the
exchange
of
instruments
of
ratification
shall
take
place
in
Washington
as
soon
as
possible.
2.
This
Treaty
shall
enter
into
force
on
the
date
of
exchange
of
the
instruments
of
ratification.
3.
On
entry
into
force
of
this
Treaty,
the
Treaty
of
Extradition
of
22
February
1899
and
the
Additional
Conventions
on
Extradition
of
25
June
1902,
23
December
1925
and
16
August
1939
between
the
United
States
of
America
and
the
United
Mex
ican
States
shall
cease
to
have
effect
without
prejudice
to
the
provisions
of
article
22.
4.
Either
Contracting
Party
may
terminate
this
Treaty
by
giving
notice
to
the
other
Party.
The
termination
shall
take
effect
six
months
after
the receipt
of
such
notice.
1
League
of
Nations,
Treaty
Series,
vol.
LIV,
p.
441.
2
Ibid.,
vol.
CCIV,
p.
159.
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1207,1-19462
196______United
Nations
—
Treaty
Series
•
Nations
Unies
—
Recueil
des
Traités_____1980
DONE
in
two
originals,
in
the
English
and
Spanish
languages,
both
equally
authentic,
at
Mexico
City
this
fourth
day
of
May,
one
thousand
nine
hundred
seventy-eight.
[Signed
-
Signé]
'
[Signed
-
Signé]
2
For
the Government
For
the
Government
of
the
United
States
of
America
of
the
United
Mexican
States
APPENDIX
1.
Murder
or
manslaughter;
abortion.
2.
Malicious
wounding
or
injury.
3.
Abandonment
of
minors
or
other
dependents
when
there
is
danger
of
injury
or
death.
4.
Kidnapping;
child
stealing;
abduction;
false
imprisonment.
5.
Rape;
statutory
rape;
indecent
assault;
corruption
of
minors,
including
unlawful
sexual
acts
with
or
upon
children
under
the
age
of
consent.
6.
Procuration;
promoting
or
facilitating
prostitution.
7.
Robbery;
burglary;
larceny.
8.
Fraud.
9.
Embezzlement.
10.
An
offense
against
the
laws
relating
to
counterfeiting
and
forgery.
11.
Extortion.
12.
Receiving
or
transporting
any
money,
valuable
securities,
or
other
property
knowing
the
same
to
have
been
unlawfully
obtained.
13.
Arson;
malicious
injury
to property.
14.
Offenses
against
the
laws
relating
to
the
traffic
in, possession,
production,
manufacture,
importation
or
exportation
of
dangerous
drugs
and
chemicals,
including
narcotic
drugs,
cannabis,
psychotropic
drugs,
opium,
cocaine,
or
their
derivatives.
15.
Offenses
against
the
laws
relating
to
the
cntrol
of
poisonous
chemicals
or
substances
in
jurious
to
health.
16.
Piracy.
17.
Offenses
against
the
safety
of
means
of
transportation
including
any
act
that
would
en
danger
a
person
in
a
means
of
transportation.
18.
An
offense
relating
to
unlawful
seizure
or
exercise
of
control
of
trains,
aircraft,
vessels,
or
other
means
of
transportation.
19.
Offenses
against
the
laws
relating
to
prohibited
weapons,
and
the
control
of
firearms,
am
munition,
explosives,
incendiary
devices
or
nuclear
materials.
20.
An
offense
against
the
laws
relating
to
international
trade
and transfers
of
funds
or
valuable
metals.
21.
An
offense
against
the
laws
relating
to
the
importation,
exportation,
or
international
transit
of
goods,
articles,
or
merchandise,
including
historical
or
archeological
items.
22.
Violations
of
the
customs
laws.
23.
Offenses
against
the
laws
relating
to
the
control
of
companies,
banking
institutions, or
other
corporations.
1
Signed
by
Cyrus
Vance
Sign
par
Cyrus
Vance.
2
Signed
by
S.
Roel
-
Sign
par
S.
Roel.
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Treaty
Series
Nations
Unies
Recueil
des
Trait s______197
24.
Offenses
against
the
laws
relating
to
the
sale
of
securities,
including stocks,
bonds
and
in
struments
of
credit,
25.
Offenses
against
the
laws
relating
to
bankruptcy
or
rehabilitation
of
a
corporation.
26.
Offenses
against
the
laws
relating
to
prohibition
of
monopoly
or
unfair transactions.
27.
Offenses
against
the
laws
relating
to
protection
of
industrial
property
or
copyright.
28.
Offenses
against
the
laws
relating
to
abuse
of
official
authority.
29.
Bribery,
including
soliciting,
offering
and
accepting
bribes.
30.
Perjury;
false
statements
to
any
governmental
authority.
Subornation
of
perjury
or
false
statements.
31.
Offenses
against
the
laws
relating
to
obstruction
of
justice,
including
harboring
criminals
and
suppressing
evidence.
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