Extradition Treaty Between Austria And The Us: What's The Deal?

The United States and Austria have an extradition treaty in place, which was signed in Washington on January 8, 1998, and entered into force on January 1, 2000. The treaty was ratified by the US President on January 20, 1999, and by Austria on August 11, 1998, with ratifications exchanged in Washington on October 27, 1999. The treaty provides for the extradition of individuals charged with or found guilty of an extraditable offense, which is defined as an offense punishable by deprivation of liberty for more than one year or by a more severe penalty in both countries. The treaty also includes provisions for provisional arrest, seizure of property, and the rule of specialty, among other matters related to law enforcement cooperation.

The US-Austrian extradition treaty was signed in 1998

The US-Austrian extradition treaty was signed in Washington on January 8, 1998. The treaty was transmitted by the President of the United States of America to the Senate on June 11, 1998, and was ratified by the President on January 20, 1999. The treaty was ratified by Austria on August 11, 1998, and the ratifications were exchanged in Washington on October 27, 1999. The treaty entered into force on January 1, 2000.

The treaty provides for the extradition of individuals between the two countries who have been charged with or found guilty of an extraditable offense. This includes offenses punishable by deprivation of liberty for more than one year or by a more severe penalty. The treaty also allows for extradition to be refused under certain circumstances, such as if the person sought is a national of the requested state or if the offense is political or military in nature.

The US-Austrian extradition treaty is a significant step in bilateral cooperation between the two countries and enhances their ability to prosecute serious offenders, including narcotics traffickers and terrorists. It supersedes and improves upon previous extradition treaties between the United States and Austria, including the 1930 Treaty for the extradition of fugitives from justice and the 1934 Supplementary Extradition Convention.

The treaty also includes provisions for the seizure and surrender of property connected with the offense for which extradition is granted and sets forth the rule of speciality, which governs the detention, trial, and punishment of the extradited individual in the requesting state. Overall, the US-Austrian extradition treaty of 1998 provides a comprehensive framework for extradition between the two countries and strengthens their law enforcement cooperation.

The treaty was ratified by the US in 1999 and by Austria in 1998

The Treaty on Extradition between the United States and Austria was ratified by the US President on January 20, 1999, and by Austria on August 11, 1998. The Treaty was signed in Washington on January 8, 1998, and transmitted by the US President to the Senate on June 11, 1998, for its advice and consent for ratification. The Senate Committee on Foreign Relations reported favourably on the Treaty on October 14, 1998, and the Senate gave its advice and consent to ratification on October 21, 1998. The Treaty was then ratified by the US President on January 20, 1999, and by Austria on August 11, 1998, with ratifications exchanged in Washington on October 27, 1999. The Treaty entered into force on January 1, 2000.

The Treaty on Extradition between the US and Austria was the result of a concerted effort by the US Department of State and the Department of Justice to develop modern extradition relationships and enhance the US's ability to prosecute serious offenders, including narcotics traffickers and terrorists. The Treaty superseded and significantly improved upon the previous extradition treaty and supplementary convention between the two countries, which were signed in Vienna on January 31, 1930, and May 19, 1934, respectively.

The Treaty obligates both the US and Austria to extradite to each other any person charged with or found guilty of an extraditable offence, as defined by the Treaty. The Treaty also provides for the seizure and surrender of property connected with the offence for which extradition is granted. Additionally, it sets forth procedures for provisional arrest, surrender, and return of persons sought for extradition, as well as for the transit of persons being surrendered through the territory of one Party to the other State.

The Treaty on Extradition between the US and Austria is a significant step forward in bilateral cooperation between the two countries, enhancing law enforcement capabilities and contributing to international law enforcement efforts.

The treaty entered into force in 2000

The Treaty on Extradition between the United States of America and the Republic of Austria was signed in Washington on January 8, 1998. The treaty was transmitted by the US President to the Senate on June 11, 1998, and was ratified by the President on January 20, 1999. The treaty was ratified by Austria on August 11, 1998, and the ratifications were exchanged in Washington on October 27, 1999.

The Treaty on Extradition between the US and Austria entered into force on January 1, 2000. This treaty superseded and significantly improved upon the Treaty between the Government of the United States and the Government of Austria for the extradition of fugitives from justice, signed in Vienna on January 31, 1930, and the Supplementary Extradition Convention signed in Vienna on May 19, 1934. The 1930 and 1934 treaties had become outdated, and the new treaty provided significant improvements.

The 2000 treaty obligates each party to extradite to the other, pursuant to the provisions of the treaty, any person whom the authorities in the requesting state have charged with or found guilty of an extraditable offense. An extraditable offense is defined as one punishable under the laws in both parties by deprivation of liberty for a maximum period of more than one year or by a more severe penalty. The treaty also includes provisions for the extradition of offenders who have committed crimes outside the territory of the requesting state.

The treaty does not require the extradition of nationals, but the executive authority of the requested state has the discretionary power to do so as long as the law of the requested state does not preclude such extradition. The treaty also includes a political and military offenses exception to the obligation to extradite. In addition, extradition may be refused if the person sought is being proceeded against or is serving a sentence in the requested state.

The treaty provides detailed procedures for requesting and granting extradition, including the required documentation and the treatment of property connected with the offense. It also sets out the rule of speciality, which states 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.

The treaty superseded a 1930 treaty and its 1934 supplement

The Extradition Treaty between the United States of America and the Republic of Austria, signed on January 8, 1998, superseded the Treaty between the Government of the United States and the Government of Austria for the extradition of fugitives from justice, which was signed in Vienna on January 31, 1930, and its Supplementary Extradition Convention, signed on May 19, 1934. The 1998 treaty was a significant improvement over the 1930 treaty and its supplement, as it enhanced cooperation between the law enforcement communities of both countries and made a notable contribution to international law enforcement efforts.

The 1998 treaty, which was negotiated by the Department of State and the Department of Justice, was part of a concerted effort to develop modern extradition relationships and improve the United States' ability to prosecute serious offenders, including narcotics traffickers and terrorists. It followed the general form and content of extradition treaties recently concluded by the United States. One of the key advantages of the 1998 treaty was its use of a "dual criminality" clause, which defined an extraditable offense as one punishable under the laws of both the United States and Austria by deprivation of liberty for more than a year or by a more severe penalty. This clause eliminated the need to renegotiate or supplement the treaty as additional offenses became punishable under the laws of both countries.

The 1998 treaty also provided flexibility in extradition procedures, allowing for extradition in three specific situations. Firstly, an offense was considered extraditable regardless of whether the laws of the two countries placed the offense in the same category or described it using the same terminology. Secondly, in cases related to taxes, customs duties, currency control, and the import and export of commodities, extradition could be granted even if the laws of the two countries differed in these areas. Thirdly, extradition could be granted for offenses that required a showing of interstate transportation, use of the mails, or other facilities affecting interstate or foreign commerce under U.S. federal law.

The 1998 treaty also addressed the issue of extradition for nationals of the requested state, giving the executive authority of the requested state the discretionary power to extradite its own nationals as long as it was not prohibited by the law of that state. Additionally, it included a political and military offenses exception, stating that extradition shall not be granted for political or military offenses that are not considered offenses under ordinary criminal law. These provisions in the 1998 treaty demonstrated a significant evolution from the 1930 treaty and its supplement, reflecting the changing nature of international law enforcement and the increasing importance of cooperation in addressing transnational crimes.

The treaty does not require implementing legislation

The Extradition Treaty between the United States of America and the Republic of Austria, signed in Washington on January 8, 1998, does not require implementing legislation. This is because the Treaty closely follows the form and content of extradition treaties recently concluded by the United States. The Treaty was designed to enhance cooperation between the law enforcement communities of both countries and make a significant contribution to international law enforcement efforts.

The Treaty supersedes and significantly improves upon the previous extradition agreements between the two nations, namely 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. These earlier treaties had become outdated, and the new Treaty provides substantial improvements.

The Treaty obligates each party to extradite to the other, pursuant to its provisions, any individual charged with or found guilty of an extraditable offense by the authorities in the requesting state. An extraditable offense is defined as one punishable under the laws of both parties by deprivation of liberty for more than one year or by a more severe penalty. This "dual criminality" clause eliminates the need to renegotiate or supplement the Treaty as new offenses become punishable under the laws of both parties.

The Treaty also includes provisions for handling specific situations, such as requests for extradition for the enforcement of a prison sentence or when extradition is refused based on the nationality of the person sought. It incorporates a political and military offenses exception, with certain specified categories of offenses that are not considered political offenses, such as murder or crimes against a Head of State. Additionally, the Treaty addresses situations where extradition may be refused, such as when the person sought is already being prosecuted in the requested state or has been convicted with final and binding effect.

In summary, the Extradition Treaty between the United States and Austria does not require implementing legislation as it follows the standard format of extradition treaties and provides a comprehensive framework for handling extradition requests between the two countries.

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