EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE SWISS CONFEDERATION AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA Last Update: 27 Aug 1998 Index: * Article 1: Obligation to Extradite * Article 2: Extraditable Offenses * Article 3: Political, Fiscal and Military Offenses * Article 4: Non bis in idem * Article 5: Lapse of Time * Article 6: Capital Punishment * Article 7: Conviction in Absentia * Article 8: Extradition of Nationals * Article 9: Request for Extradition * Article 10: Supplementing the Request * Article 11: Translation * Article 12: Admissibility of Documents * Article 13: Provisional Arrest * Article 14: Decision and Surrender * Article 15: Deferred or Temporary Surrender * Article 16: Rule of Speciality * Article 17: Requests for Extradition Made by Several States * Article 18: Simplified Extradition * Article 19: Surrender of Property * Article 20: Transit * Article 21: Expenses * Article 22: Application * Article 23: Effect on Other Treaties and Laws * Article 24: Consultation * Article 25: Entry into Force and Termination * Related document: Fact Sheet on Extradition The Government of the Swiss Confederation and the Government of the United States of America, desiring to provide for more effective cooperation between the two States in the repression of crime and to facilitate the relations between the two States in the area of extradition, Have agreed as follows: Article 1: Obligation to Extradite 1. The Contracting Parties agree to extradite to each other, subject to the provisions of this Treaty, persons whom the competent authorities of the Requesting State have charged with or found guilty of an extraditable offense or persons who are wanted for the carrying out of a detention order. 2. With respect to an offense committed outside the territory of the Requesting State, the Requested State shall grant extradition if: a. its law would provide for the punishment of such an offense in similar circumstances; or b. the person sought is a national of the Requesting State or is wanted for an offense against a national of the Requesting State. (Index) Article 2: Extraditable Offenses 1. An offense shall be an extraditable offense only if it is punishable under the laws of both Contracting Parties by deprivation of liberty for a period exceeding one year. When the request for extradition relates to a person who has been convicted, extradition shall be granted only if the duration of the penalty or detention order, or their aggregate, still to be served amounts to at least six months. 2. For the purpose of this Article, it shall not matter: a. whether the laws of the Contracting Parties define the criminal act as the same offense; or b. whether the offense is one for which United States federal law requires proof of interstate transportation, or use of the mails or of other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court. 3. Subject to the conditions set out in paragraphs 1 and 2, extradition shall also be granted for attempting or participating in the commission of an offense and for conspiring to commit an offense when the underlying criminal act is also a violation of Swiss federal law. 4. When extradition is granted, it shall also be granted for any other offense that is punishable under the laws of both Contracting Parties regardless of the time requirements of paragraph 1. (Index) Article 3: Political, Fiscal and Military Offenses 1. The Requested State shall deny extradition if the acts for which extradition is requested constitute a political offense-or if the request appears to be politically motivated. 2. For the purpose of this Treaty, an offense for which both Contracting Parties have the obligation pursuant to a multilateral international agreement to extradite the person sought or submit the case to their competent authorities for prosecution shall not be considered to be a political offense and shall be dealt with in accordance with the terms of the relevant multilateral international agreement. 3. The Requested State may deny extradition for acts which: a. violate provisions of law relating exclusively to currency policy, trade policy, or economic policy; b. are intended exclusively to reduce taxes or duties; or c. constitute an offense only under military law. (Index) Article 4: Non bis in idem 1. Extradition shall not be granted when the person sought has been convicted or acquitted by the Requested State for the same acts for which extradition is requested. 2. Extradition may be denied by the Executive Authority of the United States or by the competent authorities of Switzerland if the offense for which extradition is requested is subject to the jurisdiction of the Requested State and that State will prosecute that offense. 3. Extradition shall not be precluded if the competent authorities of the Requested State have decided not to prosecute the person sought for the same acts for which extradition is requested or have decided to discontinue any criminal proceedings which have been initiated against the person sought. Article 5: Lapse of Time Extradition shall not be granted when the prosecution or the enforcement of the penalty or sanction has become barred by lapse of time according to the law of the Requesting State. Article 6: Capital Punishment If the offense for which extradition is requested is punishable by death under the law of the Requesting State and if in respect of such offense the death penalty is not provided for by the law of the Requested State, extradition may be refused unless the Requesting State gives such assurances as the Requested State considers sufficient that the death penalty will not be carried out. Article 7: Conviction in Absentia If the person sought has been convicted in absentia, the Executive Authority of the United States and the competent authorities of Switzerland may refuse extradition unless the Requesting State gives such assurances as the Requested State considers sufficient to safeguard the rights of defense of the person sought. Article 8: Extradition of Nationals 1. The Requested State shall not decline to extradite because the person sought is a national of the Requested State unless it has jurisdiction to prosecute that person for the acts for which extradition is sought. 2. If extradition is not granted pursuant to paragraph 1, the Requested State shall, at the request of the Requesting State, submit the case to its competent authorities for the purpose of prosecution. For this purpose, documents and evidence relating to the offense shall be submitted without charge to the Requested State. The Requesting State shall be informed of the result of its request. Article 9: Request for Extradition 1. Requests for extradition shall be made through the diplomatic channel. They shall be accompanied by the translation required by Article 11. 2. All requests for extradition shall contain: a. information concerning the identity, nationality and probable location of the person to whom the documents required pursuant to either paragraphs 3 or 4 refer, with, if available, a physical description, photographs and fingerprints; b. a brief statement of the facts of the case, including the time and location of the offense; and c. the texts of the laws describing the essential elements and the designation of the offense for which extradition is requested, the punishment for the offense, and the time limit on the prosecution or the execution of the punishment for the offense. 3. A request for extradition which relates to a person sought who has not yet been tried shall be accompanied by: a. a certified copy of the arrest warrant or any order having similar effect; and b. a summary of the facts of the case, of the relevant evidence, and of the conclusions reached, providing a reasonable basis to believe that the person sought committed the offense for which extradition is requested; in the case of requests from Switzerland such a summary shall be written by a judicial authority and in the case of requests from the United States it shall be written by the prosecutor and shall include a copy of the charge. 4. A request for extradition which relates to a person sought who has been found guilty or convicted shall be accompanied by: a. a certified copy of the judgment of conviction or, if the person sought has been found guilty but not yet sentenced, a statement by a judicial authority to that effect; b. a copy of the charge upon which the person sought has been found guilty; c. a certified copy of the arrest warrant or a statement that the person sought is subject to detention on the basis of the judgment of conviction; and d. if the sentence has been pronounced, a certified copy of it and a statement as to the remainder to be served. 5. If the person sought has been convicted in absentia, the Requesting State shall submit such documents as are described in paragraphs 2 and 4. Article 10: Supplementing the Request If the Executive Authority of the United States or the competent authorities of Switzerland consider that the documents furnished in support of a request do not contain sufficient information, they shall request the submission of necessary additional information. Consideration of a request shall continue on the basis of the supplemented information. Article 11: Translation The request for extradition and all documents submitted by Switzerland in support of the request shall be written in or translated into English. The request for extradition and all documents submitted by the United States in support of the request shall be written in or translated into an official language of Switzerland, to be specified in each case by the competent authorities of Switzerland. Article 12: Admissibility of Documents The documents which accompany an extradition request shall be admissible into evidence when: a. in the case of a request from the United States, they are certified by a judge, magistrate or other United States official and are sealed by the Secretary of State; b. in the case of a request from Switzerland, they are signed by a judicial authority or other competent Swiss authority and are certified by the principal diplomatic or consular officer of the United States in Switzerland; or c. they are certified or authenticated in any other manner accepted by the law of the Requested State. Article 13: Provisional Arrest 1. In case of urgency, a Contracting Party may apply for provisional arrest of the person sought. An application for provisional arrest or an extension thereof shall be made either through the diplomatic channel or directly between the United States Department of Justice and the Federal Department of Justice and Police. 2. The application shall state: a. that a request for extradition will follow; b. that an arrest warrant, an order having similar effect, or a judgment of conviction exists, with the date and issuing authority; c. the offense and the maximum penalty upon conviction, and, if appropriate, the sentence still to be served; d. briefly, the facts of the case, including the time and location of the offense; and e. information concerning the identity, nationality and probable location of the person sought. 3. On receipt of such an application, the Requested State shall take the appropriate steps to secure the arrest of the person sought. The Requesting State shall be promptly notified of the result of its application. 4. Provisional arrest shall be terminated if, within a period of 40 days after the apprehension of the person sought, the Executive Authority of the United States or the competent authorities of Switzerland have not received the formal request for extradition and the supporting documents. Upon application, this period may be extended as an exception for a maximum of 20 days. 5. The termination of provisional arrest pursuant to paragraph 4 shall not prejudice re-arrest and extradition if the request and supporting documents are received subsequently. Article 14: 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. It shall provide reasons for any partial or complete rejection. It shall also inform the Requesting State of the time for which the person sought was detained solely for the purpose of extradition. 2. If the extradition has been granted, surrender of the person sought shall take place within such time as may be prescribed by the law of the Requested State. The competent authorities of the Contracting Parties shall agree on the time and place of the surrender of the person sought. If, however, that person is not removed from the territory of the Requested State within the prescribed time, that person may be set at liberty and the Requested State may subsequently refuse extradition for the same offense. Article 15: Deferred or Temporary Surrender If the extradition request is granted in the case of a person who is being prosecuted or is serving a sentence in the territory of the Requested State for a different offense, the Requested State may: a. defer the surrender of the person sought until the conclusion of the proceedings against that person or the full execution of any punishment that may be or may have been imposed; or b. temporarily surrender the person sought to the Requesting State for the purpose of prosecution. The person so surrendered shall be kept in custody while in the Requesting State and shall be returned to the Requested State after the conclusion of the proceedings against that person in accordance with conditions to be determined by mutual agreement of the Contracting Parties. Article 16: Rule of Speciality 1. A person who has been extradited shall not be detained, proceeded against, or sentenced for any offense committed prior to surrender other than that for which extradition has been granted, nor be extradited to a third State, unless: a. the Executive Authority of the United States or the competent authorities of Switzerland consent. For purposes of this subparagraph, the Requested State may require the submission of supporting documents and the written views of the extradited person with respect to the offense concerned; or b. that person, after being free to do so, does not leave the territory of the Requesting State within 45 days or, after leaving, voluntarily returns to it; or that person, not being free to do so, leaves the territory of the Requesting State and returns to it. 2. The Requesting State may, however, take any measures necessary under its law, including proceedings in absentia, to prevent any legal effects of lapse of time. 3. If the description of the offense for which the person was extradited is altered in the course of proceedings, that person may be prosecuted or sentenced provided: a. the offense under its new legal description is an extraditable offense and is based on the same set of facts contained in the extradition request and its supporting documents; and b. any sentence imposed does not exceed that provided for the offense for which that person was extradited. 4. A person who has been extradited may be detained, proceeded against, or sentenced for all offenses committed prior to his surrender if: a. in the case of extradition from Switzerland, after having been advised by a competent judicial authority regarding the rule of speciality and the legal consequences of his declaration, he declares on the record his agreement to prosecution and punishment for all such offenses; or b. in the case of extradition from the United States, the Executive Authority of the United States, upon application from the competent authorities of Switzerland, consents to a waiver of the rule of speciality with respect to all such offenses. The Executive Authority of the United States shall include in its application a copy of the declaration. The Requested State shall promptly communicate its decision to the Requesting State. Article 17: Requests for Extradition Made by Several States The Executive Authority of the United States or the competent authorities of Switzerland, upon receiving requests from more than one State for extradition, either for the same offense or for different offenses, shall determine to which State to extradite that person. In making its decision the Requested State shall consider all relevant factors, including but not limited to the relative seriousness and place of commission of the offenses, the respective dates of receipt of the requests, the nationality of the person claimed and the possibility of subsequent extradition to another State. Article 18: Simplified Extradition If the person sought irrevocably agrees in writing to extradition after personally being advised by the competent judicial authority of the right to formal extradition proceedings and the protection afforded by them, the Requested State may grant extradition without formal extradition proceedings. Extradition from Switzerland pursuant to this Article shall be subject to the rule of speciality. Article 19: Surrender of Property 1. To the extent permitted under the law of the Requested State and subject to the rights of that State or of third parties, all objects which may serve as evidence, or which emanate from an offense, or have been obtained as compensation for such objects, and which are found in the possession of the person sought at the time of the arrest or discovered subsequently, shall be surrendered if extradition of the person sought is granted. Such objects shall be surrendered, if possible, at the same time that the person sought is surrendered, even without an express request. The objects shall be surrendered, even if the person sought, having been found extraditable, cannot be surrendered. 2. The Requested State may condition the surrender of the objects upon satisfactory assurances from the Requesting State that the objects will be returned to the Requested State as soon as practicable. Article 20: Transit 1. Either Contracting Party may authorize transit through its territory of a person surrendered to the other by a third State. The Contracting Party requesting transit shall provide the transit State, through the diplomatic channel, with a request for transit which shall contain a description of the person being transited, a brief statement of the facts of the case, and whether an arrest warrant, an order having similar effect, or a judgment of conviction exists, with the date and issuing authority. No such authorization is required where air transportation is used and no landing is scheduled on the territory of the other Contracting Party. 2. If an unscheduled landing on the territory of the other Contracting Party occurs, transit shall be subject to the provisions of paragraph 1. That Contracting Party may detain the person to be transited for a period of 72 hours while awaiting the request for transit. Article 21: Expenses 1. Expenses related to the translation of documents supporting the request for extradition and to the transportation of the person sought from the place of surrender to the Requesting State shall be paid by the Requesting State. All other expenses related to the extradition request and proceedings shall be borne by the Requested State. 2. The Requested State shall also provide for the representation of the Requesting State in any proceedings arising out of a request for extradition. Article 22: Application This Treaty shall apply to offenses encompassed by Article 2 committed before as well as after the date this Treaty enters into force. Article 23: Effect on Other Treaties and Laws Whenever the procedures provided by this Treaty would facilitate the extradition provided for under any other convention or under the law of the Requested State, the procedure provided by this Treaty shall be used. This Treaty shall be without prejudice to, and shall neither prevent nor restrict, extradition available under any other international agreement or arrangement or under the laws of the Contracting Parties. Article 24: Consultation The Contracting Parties shall consult, at the request of either, concerning the interpretation, application or operation of this Treaty generally or with respect to a specific case. Article 25: Entry into Force and Termination 1. This Treaty shall be subject to ratification; the instruments of ratification shall be exchanged at Washington as soon as possible. 2. This Treaty shall enter into force 180 days after the exchange of the instruments of ratification. 3. Upon entry into force (Comment added: entered into force on September 10, 1997) of this Treaty, the extradition treaty of 14 May 1900 and the supplementary extradition treaties of 10 January 1935 and 31 January 1940 between the United States of America and the Swiss Confederation shall cease to have effect, except with respect to extradition proceedings pending at that time. 4. This Treaty may be terminated by either Contracting Party at any time after five years from the date of entry into force, provided that at least six months prior notice of termination has been given in writing. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Treaty. DONE at Bern, this 14th day of November, 1990, in duplicate, in the English and German languages, each version being equally authentic. FOR THE GOVERNMENT OF THE SWISS FOR THE GOVERNMENT OF THE CONFEDERATION: UNITED STATES OF AMERICA: Edouard Brunner Raymond G.H. Seitz Swiss Embassy Legal & Political Affairs 2900 Cathedral Ave. NW Washington DC 20008 TEL: 202-745-7900 FAX: 202-387-2564 vertretung@was.rep.admin.ch