Explanatory Memorandum on a Bilateral Extradition Treaty between the United Kingdom and the United States of America

Title of Treaty

Extradition Treaty between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland

Command Paper number: 5821  

Extradition Treaty between the Government of the United Kingdom and Northern Ireland and the Governement of the United States of America (PDF, 770K) 

Subject Matter

The purpose of the Treaty is to modernise and simplify the UK's extradition arrangements with the United States. These arrangements are currently based on a Treaty negotiated in 1972 which came into force in 19771, supplemented with an additional protocol in 19862, both of which are to be terminated by the new Treaty.

The new Treaty provides for the replacement of the existing system of defining extradition offences by a list of specific crimes with a 'sentence threshold', whereby extradition can be requested for any offence which attracts a maximum penalty of at least 12 months in the UK or the United States. The Treaty also removes the requirement upon the United States to provide a prima facie evidential case against any person whom they wish to extradite. It also makes a number of changes to existing procedures in order to make extradition more flexible and efficient, including the simplification of documentary authentification requirements for material provided to the UK. The Treaty protects the disapplication of the political defence in terrorist cases, secured in the 1986 protocol.

The Treaty is supported by documents constituting Understandings on two issues (they are not included in the Command Paper). The first confirms that the Treaty extends to United States non-metropolitan territories. The second confirms that the provisions on onward extradition or surrender of a person extradited to the UK under the treaty operate to preclude onward surrender to the International Criminal Court. This is compatible with the UK's obligations to the International Criminal Court.

Ministerial Responsibility

The Secretary of State for the Home Department has responsibility for extradition policy and agreements and their implementation. The Secretary of State for Foreign and Commonwealth Affairs has overall responsibility for UK policy relating to the UK's relations with the United States of America.

Policy Considerations

(i) General

The United States is the UK's most significant single extradition partner, and the one which generates the most extradition traffic outside the EU. The new Treaty reflects best modern practice in extradition. By making any crime attracting a 12-month penalty in both countries extraditable, it brings existing arrangements up to date to include offences, such as computer related crime, not known when the current Treaty was drawn up in 1972. The Treaty simplifies procedures and reduces bureaucratic burdens on both sides, and provides for a more efficient and effective process. This may lead to some cost reductions in the processing of individual extradition cases.

(ii) Financial

The Treaty is not expected to pose any additional financial burden on the United Kingdom.

Implementation

The measures contained in the Treaty can be brought into force under the 1989 Extradition Act or, depending on timing, the provisions contained in the Extradition Bill which is currently before Parliament.

The Government of the United States can not ratify the Treaty until it has secured the advice and consent of the United States Senate.

Consultations

The Treaty was negotiated on behalf of the United Kingdom by the Home Office, Foreign and Commonwealth Office and Crown Prosecution Service and on behalf of the United States of America by the State Department and the Department of Justice.

Presented to Parliament: May 2003

1 1976/2144
2 1986/2020 and 1986/2146

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