________________________________________________________________________
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 94-922
LAW ENFORCEMENT
Extradition
Treaty Between the
UNITED STATES OF AMERICA
and the BAHAMAS
Signed at Nassau March 9, 1990
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—
“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”
BAHAMAS
Law Enforcement: Extradition
Treaty signed at Nassau March 9, 1990;
Transmitted by the President of the United States of America
to the Senate October 28, 1991 (Treaty Doc. 102-17,
102d Congress, 1st Session);
Reported favorably by the Senate Committee on Foreign Relations
May 7, 1992 (Senate Executive Report No. 102-29,
102d Congress, 2d Session);
Advice and consent to ratification by the Senate
May 13, 1992;
Ratified by the President October 9, 1992;
Ratified by the Bahamas September 20, 1994;
Ratifications exchanged at Washington September 22, 1994;
Entered into force September 22, 1994.
EXTRADITION
TREATY
BETWEEN
THE
GOVERNMENT
OF
THE
UNITED
STATES
OF
AMERICA
AND
THE
GOVERNMENT
OF
THE
COMMONWEALTH
OF
THE
BAHAMAS
The
Government
of
the
United
States
of
America
and
the
Government
of
the
Commonwealth
of
The
Bahamas:
Recalling
the
Treaty
for
the
Mutual
Extradition
of
Criminals
between
the
United
States
of
America
and
Great
Britain,
signed
at
London
December
22,
1931;
Noting
that
both
the
Government
of
the
United
States
of
America
and
the
Government
of
the
Commonwealth
of
The
Bahamas
currently
apply
the
terms
of
that
Treaty;
and
Desiring
to
provide
for
more
effective
cooperation
between
the
two
States
in
the
suppression
of
crime,
and,
for
that
purpose,
to
conclude
a new
treaty
for
the
extradition
of
offenders;
Have
agreed
as
follows:
-2-
Article
1
Obligation
to
Extradite
The
Contracting
States
agree
to
extradite
to
each
other,
pursuant
to
the
provisions
of
this
Treaty,
persons
whom
the
authorities
in
the
Requesting
State
have
charged
with
or
found
guilty
of
an
extraditable
offense.
Article
2
Extraditable
Offenses
(1)
An
offense
shall
be
an
extraditable
offense
if
it
is
punishable
under
the
laws
in
both
Contracting
States
by
deprivation
of
liberty
for
a
period
of
more
than
one
year
or
by
a more
severe
penalty.
(2)
An
offense
shall
also
be
an
extraditable
offense
if
it
consists
of
an
attempt
or
a
conspiracy
to
commit,
aiding
or
abetting,
counselling,
causing
or
procuring
the
commission
of,
or
being
an
accessory
before
or
after
the
fact
to,
an
offense
described
in
paragraph
1.
(3)
For
the
purposes
of
this
Article,
an
offense
shall
be
an
extraditable
offense:
-3-
(a}
whether
or
not
the
laws
in
the
Contracting
States
place
the
offense
within
the
same
category
of
offenses
or
describe
the
offense
by
the
same
terminology;
or
(b}
whether
or
not
the
offense
is
one
for
which
United
States
federal
law
requires
the
showing
of
interstate
transportation,
or
use
of
the
mails
or
other
facilities
affecting
interstate
or
foreign
commerce,
such
matters
being
merely
for
the
purpose
of
establishing
jurisdiction
in
a
United
States
federal
court.
(4)
An
offense
described
in
this
Article
shall
be
an
extraditable
offense
whether
or
not
the
offense
was
committed
within
the
territory
of
the
Requesting
State.
However,
if
the
offense
was
committed
outside
the
territory
of
the
Requesting
State,
extradition
shall
be
granted
if
the
law
of
the
Requested
State
provides
for
punishment
of
an
offense
committed
outside
of
its
territory
in
similar
circumstances.
Article
3
Political
and
Military
Offenses
(1}
Extradition
shall
not
be
granted
when:
-4-
(a)
the
offense
for
which
extradition
is
requested
is
an
offense
of
a
political
character;
(b)
the
executive
authority
of
the
Requested
State
determines
that
the
request
was
made
for
the
primary
purpose
of
prosecuting
or
punishing
the
person
for
an
offense
of
a
political
character;
or
(c)
the
executive
authority
of
the
Requested
State
determines
that
the
request
was
politically
or
racially
motivated.
(2)
For
the
purposes
of
this
Treaty,
the
following
offenses
shall
not
be
considered
to
be
offenses
of
a
political
character
within
the
meaning
of
paragraph
(1)
of
this
Article:
(a)
a
murder
or
other
willful
crime
against
the
life
or
physical
integrity
of
a
Head
of
State
of
one
of
the
Contracting
States,
or
of
a
member
of
that
person's
family,
including
attempts
to
commit
such
offenses;
or
(b)
an
offense
with
respect
to
which
a
Contracting
State
has
the
obligation
to
prosecute
or
grant
extradition
to
the
other
by
reason
of
a
multilateral
treaty,
convention,
or
other
international
agreement.
-6-
Article
6
Lapse
of
Time
Extradition
shall
not
be
granted
when
all
prosecution
has
become
barred
by
lapse
of
time
according
to
the
laws
in
the
Requesting
State.
Article
7
Capital
Punishment
When
the
offense
for
which
extradition
is
sought
is
punishable
by
death
under
the
laws
in
the
Requesting
State
and
is
not
punishable
by
death
under
the
laws
in
the
Requested
State,
the
competent
authority
of
the
Requested
State
may
refuse
extradition
unless:
(a)
the
offense
constitutes
murder
under
the
laws
in
the
Requested
State;
or
(b)
the
competent
authority
of
the
Requesting
State
provides
such
assurances
as
the
competent
authority
of
the
Requested
State
considers
sufficient
that
the
death
penalty
will
not
be
imposed
or,
if
imposed,
will
not
be
carried
out.
-7-
Article
8
Extradition
Procedures
and
Required
Documents
(1)
The
requests
for
extradition
shall
be
made
through
the
diplomatic
channel.
(2)
The
requests
for
extradition
shall
be
supported
by:
(a)
documents,
statements,
or
other
evidence
which
describe
the
identity,
and
probable
location
of
the
person
sought;
(b)
a
statement
of
the
facts
of
the
case,
including,
if
possible,
the
time
and
location
of
the
offense;
(c)
a
statement
of
the
provisions
of
the
law
describing
the
essential
elements
of
the
offense
for
which
extradition
is
requested;
(d)
a
statement
of
the
provisions
of
law
describing
the
punishment
for
the
offense;
and
(e)
a
statement
of
the
provisions
of
law
describing
any
time
limit
on
the
prosecution.
(3)
A
request
for
extradition
relating
to
a
person
who
has
not
yet
been
convicted
of
the
offense
for
which
extradition
is
sought
shall
also
be
supported
by:
-8-
(a)
a
copy
of
the
warrant
of
arrest
issued
by a
judge
or
other
competent
authority
together
with
evidence
that
the
person
requested
is
the
person
to
whom
the
warrant
refers;
and;
(b)
such
evidence
as
would
justify
the
committal
for
trial
of
the
person
if
the
offense
had
been
committed
in
the
Requested
State
or
as
would
justify
the
committal
for
extradition
of
the
person
in
accordance
with
the
laws
of.the
Requested
State.
(4)
A
request
for
extradition
relating
to
a
person
convicted
of
the
offense
for
which
extradition
is
sought
shall
be
supported
by
the
items
in
paragraph
(2)
above,
and
shall
also
be
supported
by a
certificate
of
conviction
or
a
copy
of
the
judgment
of
conviction
rendered
by a
court
in
the
Requesting
State.
If
the
person
has
been
convicted
and
sentenced,
the
request
for
extradition
shall
be
supported
by a
statement
showing
to
what
extent
the
sentence
has
been
carried
out.
If
the
person
has
been
convicted
but
not
yet
sentenced,
the
request
for
extradition
shall
be
supported
by a
statement
to
that
effect.
(5)
All
documents
submitted
by
the
Requesting
State
shall
be
submitted
in
the
English
language.
-9-
(6)
Documents
in
support
of
the
request
for
extradition
shall
be
transmitted
through
the
diplomatic
channel,
and
shall
be
admissible
in
extradition
proceedings
if
certified
or
authenticated
in
such
manner
as
may
be
required
by
the
law
in
the
Requested
State.
Article
9
Additional
Information
(1)
If
the
executive
authority
of
the
Requested
State
considers
that
the
information
furnished
in
support
of
the
request
for
extradition
is
not
sufficient
to
fulfill
the
requirements
of
the
Treaty,
it
shall
request
the
submission
of
necessary
additional
information.
(2)
The
executive
authority
of
the
Requested
State
may
fix
a
time
limit
for
the
submission
of
such
information.
(3)
Nothing
in
the
foregoing
shall
prevent
the
executive
authority
of
the
Requested
State
from
presenting
to
a
court
of
that
State
information
or
evidence
sought
or
obtained
after
the
expiration
of
the
time
stipulated
pursuant
to
this
Article.
-10-
Article
10
Provisional
Arrest
(1)
In
case
of
urgency,
either
Contracting
State
may
request
the
provisional
arrest
of
any
person
accused
or
convicted
of
an
extraditable
offense.
Application
for
provisional
arrest
shall
be
made
through
the
diplomatic
channel,
or
directly
between
the
Department
of
Justice
in
the
United
States
of
America
and
the
Attorney
General
in
the
Commonwealth
of
The
Bahamas,
in
which
case
the
facilities
of
the
International
Criminal
Police
Organization
(INTERPOL) may
be
used.
(2)
The
application
for
provisional
arrest
shall
contain:
(a)
a
description
of
the
person
sought;
(b)
the
location
of
the
person
sought,
if
known;
(c)
a
brief
statement
of
the
facts
of
the
case,
including,
if
possible,
the
time
and
location
of
the
offense;
(d)
a
statement
of
the
existence
of
a
warrant
of
arrest
or
the
judgment
of
conviction
against
the
person
sought;
and
(e)
a
statement
that
a
request
for
extradition
for
the
person
sought
will
follow.
-11-
(3)
On
receipt
of
the
application,
the
Requesting
State
shall
take
the
appropriate
steps
to
secure
the
arrest
of
the
person
sought.
The
Requesting
State
shall
be
promptly
notified
of
the
results
of
its
application.
(4)
A
person
who
is
provisionally
arrested
shall
be
discharged
from
custody
upon
the
expiration
of
sixty
(60)
days
from
the
date
of
arrest
pursuant
to
the
application
of
the
Requesting
State
if
the
executive
authority
of
the
Requested
State
has
not
received
the
formal
request
for
extradition
and
the
supporting
documents
required
in
Article
a.
(5)
The
fact
that
the
person
sought
has
been
discharged
from
custody
pursuant
to
paragraph
(4)
of
this
Article
shall
not
prejudice
the
subsequent
rearrest
and
extradition
of
that
person
if
the
extradition
request
and
supporting
documents
are
delivered
at
a
later
date.
Article
11
Decision
and
Surrender
(1)
The
Requested
State
shall
promptly
communicate
through
the
diplomatic
channel
to
the
Requesting
State
its
decision
on
the
request
for
extradition.
-12-
(2)
If
the
request
is
denied
in
whole
or
in
part,
the
Requested
State
shall
provide
such
information
as
may
be
available
as
to
the
reasons
for
the
denial
of
the
request.
(3)
If
the
request
for
extradition
is
granted,
the
competent
authorities
of
the
Contracting
States
shall
agree
on
the
time
and
place
for
the
surrender
of
the
person
sought.
(4)
If
the
person
sought
is
not
removed
from
the
territory
of
the
Requested
State
within
the
time
prescribed
by
the
law
of
that
State,
that
person
may
be
discharged
from
custody,
and
the
Requested
State
may
subsequently
refuse
extradition
for
the
same
offense.
Article
12
Deferred
and
Temporary
Surrender
1.
If
the
extradition
request
is
granted
in
the
case
of
a
person
who
is
being
prosecuted
in
the
Requested
State,
the
Requested
State
shall,
unless
its
laws
otherwise
provide,
defer
the
surrender
of
the
person
sought
until
the
conviction,
acquittal,
or
termination
of
the
prosecution
against
that
person.
-13-
2.
If
the
extradition
request
is
granted
in
the
case
of
a
person
who
is
serving
a
sentence
in
the
Requested
State,
not
being
a
person
to
whom
paragraph
1
applies,
the
Requested
State
may
defer
the
surrender
of
the
person
sought
until
the
full
execution
of
any
punishment
that
may
have
been
imposed.
3.
If
the
extradition
request
is
granted
in
the
case
of
a
person
who
is
serving
a
sentence
in
the
Requested
State,
not
being
a
person
to
whom
paragraph
1
applies,
the
Requested
State
may
temporarily
surrender
the
person
sought
to
the
Requesting
State
for
the
purpose
of
prosecution
for
the
offense(s)
for
which
he
was
committed
for
extradition.
The
person
so
surrendered
shall
be
kept
in
custody
in
the
Requesting
State
and
shall
be
returned
to
the
Requested
State
after
the
conclusion
of
the
prosecution
against
that
person,
in
accordance
with
conditions
to
be
determined
by
agreement
of
the
Contracting
States.
Article
13
Requests
for
Extradition
Made
by
several
States
(1)
If
the
Requested
State
receives
requests
from
the
other
Contracting
State
and
from
any
other
State
or
states
for
the
extradition
of
the
same
person,
either
for
the
same
offense
or
for
different
offenses,
the
executive
authority
of
the
-15-
(a)
any
offense
committed
after
the
extradition;
(b)
any
offense
in
respect
of
which
the
executive
authority
of
the
Requested
State,
in
accordance
with
its
laws,
has
consented
to
the
person's
detention,
trial,
or
punishment;
and
for
the
purposes
of
this
subparagraph
the
Requested
State
shall
require
compliance
with
the
extradition
procedures
specified
in
Article
8
and
the
submission
of
the
documents
specified
in
that
Article;
(c)
any
offense
which
is
a
lesser
offense
proven
by
the
facts
before
the
court
of
committal;
or
(d)
any
offense
dealt
with
by
the
Requesting
State
after
--
(i)
the
person
failed
to
leave
the
territory
of
the
Requesting
State
within
thirty
(30)
days
of
being
free
to
do
so;
or
(ii)
the
person
has
left
the
territory
of
the
Requesting
State
and
voluntarily
returned
to
it.
(2)
A
person
extradited
under
this
treaty
may
only
be
extradited
to
a
third
State
if
(a)
the
Requested
State
consents;
or
-16-
(b)
the
circumstances
are
such
that
the
person
could
be
dealt
with
in
the
Requesting
State
pursuant
to
subparagraph
(d)
of
paragraph
(1).
Article
15
Simplified
Extradition
If
the
person
sought
agrees
in
writing
to
be
surrendered
to
the
Requesting
State
after
being
advised
by a
competent
judicial
authority
of
his
right
to
formal
extradition
proceedings,
the
Requested
State
may
surrender
the
person
without
formal
proceedings.
Article
16
Seizure
and
Surrender
of
Property
(1)
To
the
extent
permitted
under
the
laws
of
the
Requested
State,
all
articles,
instruments,
objects
of
value,
documents,
or
other
evidence
relating
to
the
offense
shall
be
seized
by
the
Requested
State,
and
such
items
shall
be
surrendered
upon
the
granting
of
extradition.
The
items
mentioned
in
this
Article
shall
be
surrendered
even
when
extradition
cannot
be
effected
due
to
the
death,
disappearance,
or
escape
of
the
person
sought.
-17-
(2)
The
Requested
State
may
condition
the
surrender
of
the
property
upon
satisfactory
assurance
from
the
Requesting
State
that
the
property
will
be
returned
to
the
Requested
State
as
soon
as
practicable,
and
may
defer
surrender
if
the
property
is
needed
as
evidence
in
the
Requested
State.
(3)
The
rights
of
third
parties
in
such
property
shall
be
duly
respected.
Article
17
Transit
(1)
Either
Contracting
State
may
authorize
transportation
through
its
territory
of
a
person
surrendered
to
the
other
State
by a
third
State.
A
request
for
transit
shall
be
made
through
the
diplomatic
channel
and
shall
contain
a
description
of
the
person
being
transported
and
a
brief
statement
of
the
facts
of
the
case.
(2)
No
authorization
is
required
where
air
transportation
is
used
and
no
landing
is
scheduled
on
the
territory
of
the
Contracting
State.
If
an
unscheduled
landing
occurs
on
the
territory
of
the
other
Contracting
State,
transit
shall
be
subject
to
paragraph
(1)
of
this
Article.
That
Contracting
-18-
State
shall
detain
the
person
to
be
transported
until
the
request
for
transit
is
received
and
the
transit
is
effected,
so
long
as
the
request
is
received
within
96
hours
of
the
unscheduled
landing.
Article
18
Representation
and
Expenses
(1)
The
Requested
State
shall
advise,
assist,
appear
in
court
on
behalf
of
the
Requesting
State,
and
represent
the
interests
of
the
Requesting
State,
in
any
proceeding
arising
out
of
a
request
for
extradition.
However,
if
the
Requesting
State
retains
counsel,
no
claim
for
reimbursement
shall
be
made
against
the
Requested
State
for
that
counsel's
fees.
(2)
The
Requesting
State
shall
bear
the
expenses
related
to
the
translation
of
documents
and
the
transportation
of
the
person
surrendered.
The
Requested
State
shall
pay
all
other
expenses
incurred
in
that
State
by
reason
of
the
extradition
proceedings.
(3)
Neither
State
shall
make any
pecuniary
claim
against
the
other
State
arising
out
of
the
arrest,
detention,
examination,
or
surrender
of
persons
sought
under
this
Treaty.
-19-
Article
19
Scope
of
Application
This
Treaty
shall
apply
to
extraditable
offenses
under
this
Treaty
committed
before
as
well
as
after
the
date
this
Treaty
enters
into
force
provided
that
extradition
shall
not
be
granted
for
an
offense
committed
before
this
Treaty
enters
into
force
which
was
not
an
offense
under
the
laws
of
both
Contracting
States
at
the
time
of
its
commission.
Article
20
Ratification,
Entry
Into
Force,
and
Termination
(1)
This
Treaty
shall
be
subject
to
ratification,
and
the
instruments
of
ratification
shall
be
exchanged
at
Washington
as
soon
as
possible.
(2)
This
Treaty
shall
enter
into
force
immediately
upon
the
exchange
of
the
instruments
of
ratification.
(3)
Either
Contracting
State
may
terminate
this
Treaty
at
any
time
by
giving
written
notice
to
the
other
Contracting
State,
and
the
termination
shall
be
effective
six
months
after
the
date
of
the
receipt
of
such
notice.
Such
termination
shall
not
-20-
prejudice
any
request
for
extradition
made
prior
to
the
date
on
which
the
termination
becomes
effective.
(4)
Upon
the
entry
into
force
of
this
Treaty,
the
Extradition
Treaty
between
the
United
States
of
America
and
Great
Britain,
signed
at
London
December
22,
1931,
shall
cease
to
have
effect
between
the
United
States
of
America
and
the
Commonwealth
of
The
Bahamas.
Nevertheless,
the
1931
Treaty
shall
continue
to
have
effect
in
relation
to
any
extradition
proceedings
pending
when
this
Treaty
enters
into
force.
IN
WITNESS
WHEREOF,
the
undersigned,
being
duly
authorized
by
their
respective
Governments,
have
signed
this
Treaty.
,
in
at
the
city
of
Nassau,
this
9th
day
FOR
THE
GOVERNMENT
OF
STATES
THE
COMMONWEALTH
OF
THE
BAHAMAS: