Extradition Treaty Between Austria And The Us: What You Need Know

Austria and the United States have had extradition treaties in place since 1856, with the most recent treaty signed in 1998. While Austria has refused extradition to the US in the past, citing political motivation, the two countries have continued to cooperate on law enforcement.

Austria's refusal of politically motivated US extradition requests

In March 2014, Dmytro Firtash, a politically influential Ukrainian billionaire, was arrested in Vienna at the request of the FBI. The US Department of Justice (DOJ) hailed the arrest as the result of a multi-year investigation into an alleged international corruption conspiracy, stating that it was "not related to recent events in Ukraine." However, an Austrian court disagreed with this characterisation, refusing to extradite Mr Firtash to the US on the grounds that the request was "politically motivated and therefore extradition is inadmissible" under the US-Austrian extradition treaty.

Judge Bauer's Ruling

Judge Bauer expressed clear distrust of American intentions, noting that the timing of the extradition request coincided with visits by an assistant secretary of state to Ukraine. He further noted that "America obviously saw Firtash as someone who was threatening their economic interests" and questioned the existence of the two anonymous witnesses relied upon by US prosecutors. He concluded that the extradition request was largely a tool used to advance US foreign policy interests.

Implications for US-Austrian Relations

The refusal to extradite Mr Firtash raised questions about the potential fallout for US-Austrian cooperation. While there were indications of strong bilateral cooperation, such as Austria's role in the arrest and extradition of a suspect in an identity theft scheme, the Firtash case highlighted a disagreement between the two countries. The US response to the decision was relatively muted, with a DOJ spokesperson expressing "disappointment" and an intention to appeal.

European Skepticism Towards US Extradition Requests

The Firtash case was not an isolated incident, as other European allies, including the UK, France, and Ireland, had also dismissed politically sensitive American extradition requests. This reflected a certain level of skepticism and fatigue with the extraterritorial application of US laws. However, it was challenging to determine a general trend of US extradition requests being rejected due to political motivation.

Austria's refusal to extradite Dmytro Firtash to the US on the basis of political motivation highlighted tensions in the bilateral relationship and raised questions about the future of US-Austrian cooperation. While there were strong indicators of cooperation in other areas, the extradition case underscored the need for both countries to carefully navigate their differences and find common ground to maintain a positive relationship.

Extradition Treaty Between the Government of the Republic of Austria and the Government of the United States of America

The Extradition Treaty Between the Government of the Republic of Austria and the Government of the United States of America was signed in Washington on January 8, 1998. This treaty superseded and improved upon the Treaty between the Government of the United States and the Government of Austria for the extradition of fugitives from justice, signed at Vienna on January 31, 1930, and the Supplementary Extradition Convention signed at Vienna on May 19, 1934.

The 1998 treaty contains provisions that oblige each party to extradite to the other any person charged with or found guilty of an extraditable offense. An extraditable offense is defined as one punishable under the laws in both Austria and the US by deprivation of liberty for a maximum period of more than one year or by a more severe penalty. The treaty also provides for extradition in three specific situations:

• Whether or not the laws in the two countries place the offense within the same category or describe the offense using the same terminology;
• In criminal cases relating to taxes, customs duties, currency control, and the import and export of commodities, regardless of whether the laws of the two countries provide for the same kinds of taxes, customs duties, or controls;
• Whether or not the offense is one for which US federal law requires the showing of such matters as interstate transportation or use of the mails or of other facilities affecting interstate or foreign commerce.

The treaty also specifies that an extraditable offense includes attempting, conspiring, or participating in the commission of an offense. It also allows for extradition for an extraditable offense regardless of where it was committed.

The treaty does not require Austria to extradite its nationals, but the executive authority of Austria has the discretionary power to do so as long as Austrian law does not preclude such extradition. If extradition is refused solely on the basis of the nationality of the person sought, Austria must, at the request of the US, submit the case for domestic prosecution.

The treaty also includes a political and military offenses exception to the obligation to extradite, specifying that extradition shall not be granted for a political offense. However, certain offenses shall not be considered political offenses, including murder, any other willful crime against the person of a Head of State of one of the parties, or of a member of the Head of State's family, and an offense for which both parties are obliged pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for a decision on prosecution.

The treaty also provides for situations in which extradition may or must be refused, including when the person sought is being proceeded against or has been convicted or acquitted in the Requested State for the same offense, or when the person has been found guilty in absentia without adequate opportunity to present a defense.

The treaty sets forth procedures for requesting and granting extradition, including provisional arrest, and for the seizure and surrender of property connected with the offense. It also includes a rule of specialty, which provides that a person extradited under the treaty may not be detained, tried, punished, or subjected to any other restriction on their personal liberty in the Requesting State for an offense other than that for which extradition has been granted, unless a waiver is granted by the executive authority of the Requested State.

The treaty also addresses the transit through one country's territory of a person being surrendered to the other country by a third state, and it provides for consultation between the US Department of Justice and the Austrian Ministry of Justice in connection with the processing of individual cases and the improvement of treaty implementation procedures.

Finally, the treaty states that it shall apply to offenses committed before as well as after the date it enters into force, and it sets forth procedures for ratification and entry into force, as well as for termination by either party.

The US-Austrian extradition treaty

The 1856 treaty outlined that the US and Austria-Hungary should, upon mutual request, deliver:

> "...all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum or shall be found within the territories of the other..."

However, this was only to be done upon evidence of criminality that would justify the person's apprehension and trial if the crime had been committed in the place where they were found.

On January 8, 1998, a new extradition treaty was signed between the US and the Republic of Austria. This treaty was designed to replace the 1856 treaty and other previous agreements, including the 1930 treaty between the US and Austrian governments, and the Supplementary Extradition Convention of 1934. The 1998 treaty was part of a wider US effort to modernise law enforcement relations and enhance cooperation between the two countries' law enforcement communities.

The 1998 treaty obligates both parties to extradite to one another any person charged with or found guilty of an extraditable offence, as long as it is punishable by a maximum period of deprivation of liberty of more than one year, or a more severe penalty. This treaty also allows for extradition in three specific situations:

• Whether or not the laws in the parties place the offence within the same category or describe it using the same terminology
• In criminal cases relating to taxes, customs duties, currency control, and the import and export of commodities, whether or not the laws provide for the same kinds of taxes, duties, controls, or commodities
• Whether or not the offence is one for which US federal law requires the showing of such matters as interstate transportation or use of the mails or of other facilities affecting interstate or foreign commerce

Austria's bilateral cooperation with the US

Austria and the United States have a long history of bilateral cooperation, with official diplomatic relations dating back to 1838. Here is an overview of the key aspects of their bilateral cooperation:

Historical Context

The relationship between the two countries began even before the establishment of formal diplomatic ties, with the Austrian Empire's interest in trade and commerce opportunities in the New World. Despite some tensions and obstacles, including the American Revolution and World War I, the two countries have maintained and strengthened their relationship over time.

Strategic Dialogue

In 2019, Austria and the United States reaffirmed their commitment to advancing shared interests through the US-Austria Strategic Dialogue. This dialogue covers a range of issues, including justice and home affairs, cybersecurity, cooperation in the Western Balkans, business and investment, science and research, and cultural cooperation.

Law Enforcement and Security

The US and Austria cooperate closely in the area of law enforcement, particularly in the fight against terrorism. Additionally, Austria values its role in peacekeeping missions and has expertise in this area, which is recognised by the US.

Economic Relations

The US is a major foreign direct investment destination for Austrian investors, and Austria is an attractive export market for American companies. Machinery, engines, and medical products are among the most important Austrian export goods. American companies have invested over $20 billion in Austria, and Austrian companies have invested around $6.9 billion in the US, creating thousands of jobs in both countries.

Cultural Exchange

There is a vibrant cultural exchange between the two countries, with major cultural institutions in the US showing a particular interest in Austrian classical music and visual arts. The Austrian Cultural Forums in New York and Washington play a crucial role in promoting Austrian culture, with a focus on contemporary art.

Education and Exchange Programs

Both countries have a long history of educational exchange programs, including the prestigious Fulbright Program, which has facilitated the exchange of thousands of American and Austrian students, scholars, and professionals. Additionally, the US Naval Academy and the Theresian Military Academy have established an exchange program to further strengthen bilateral ties.

International Organisations

Austria and the US are members of several of the same international organisations, including the United Nations, the Organization for Security and Cooperation in Europe (OSCE), the World Trade Organization, and the International Monetary Fund. Austria also hosts the International Atomic Energy Agency and other important UN bodies.

The US-Austrian law enforcement cooperation

The US and Austria have a history of law enforcement cooperation, with an extradition treaty dating back to 1856 between the United States and Austria-Hungary. This treaty outlined the reciprocal extradition of individuals charged with a list of heinous crimes, including murder, assault with intent to murder, piracy, arson, robbery, forgery, and embezzlement of public moneys. The treaty also stipulated that neither country would be bound to deliver its own citizens or subjects for extradition.

Today, law enforcement in Austria falls under the purview of the Directorate General for Public Security, a subdivision of the Federal Ministry of the Interior. Austria has over 20,000 police officers serving in the Federal Police, with more than 1,000 police stations across the country. The Federal Police is divided into 83 district commands and 27 city police commands, providing a range of services from uniformed patrol to criminal investigation and community policing.

Austria is also a key member of INTERPOL, having joined in 1923 and hosting the first General Assembly that year. The INTERPOL National Central Bureau (NCB) in Austria plays a crucial role in maintaining national and regional security, particularly in fighting organised crime. Austrian law enforcement agencies work closely with INTERPOL on global police operations, tackling issues such as migrant smuggling, stolen vehicles, and trafficking of firearms and drugs.

The US and Austria continue to cooperate in law enforcement matters, with mutual interests in combating transnational crime, ensuring regional security, and upholding the rule of law. Extradition between the two countries is governed by the provisions of their extradition treaty and the applicable laws and regulations in each country.

Frequently asked questions