The new Extradition Treaty Romania - USA

The Minister of Justice, Tudor Chiuariu, and Nicholas F. Taubman, US ambassador in Romania signed yesterday at the Victoria Palace the Extradition Treaty between Romania and the United States of America and the Protocol to the Treaty between USA and Romania regarding the legal support in penal issues, concluded in Washington on May 26, 1999.

Tudor Chiuariu: "I state my conviction that the new cooperation documentation signed today will strengthen and develop our partnership with the USA and the legal collaboration regarding criminal cases will be performed, starting with the enforcement date, according to the modern process suggested by the treaty signed today."

The extradition treaty will replace, on its enforcement date, the current extradition Convention between Romania and the United States of America, signed in Bucharest, on July 23, 1924 and its amendment treaty, signed in 1936.

The treaty removed one of the major deficiencies of the convention in force - the granting of extradition based on a limited crime list. The new treaty stipulates the extradition for every act for which the penalty is at least one year, as well the extradition for crimes committed outside the territory of the applicant state. Thus the new extradition procedure will eliminate the excessive formalities imposed by the convention in force. In comparison to the provisions of article 19, paragraph 2 of the Constitution of Romania, which allows the extradition from Romania of Romanian citizens based on a mutual, international convention, according to the law and the fact that the US legislation also allows the extradition from the USA of American citizens, the Treaty stipulates that "the extradition will not be declined due to one's citizenship." Therefore, the new treaty allows the mutual extradition of the state's own citizens.

The extradition is not granted if the respective person was sentenced to death in the applicant state, unless the respective state guarantees that the death penalty will not be enforced.

Moreover, the treaty regulates a simplified extradition procedure. When the respective person agrees to be extradited, the formal extradition documentation does not need to be submitted any longer.

The treaty has to be ratified by the Romanian Parliament, the US Senate respectively and will be enforced after the ratification instruments are exchanged.

The protocol to the treaty between Romania and the United States of America regulating the legal support regarding criminal cases introduces modern forms of legal support, recognized both by the Romanian, as well as the American legislation: the transfer of information regarding the bank accounts, joint investigation teams, videoconference hearing, submission of the legal support application through rapid communication means, as well as the expansion of the authorities range that may receive legal support.

In this way joint investigation teams may be set up on the Romanian and the US territory in order to facilitate the investigations and the monitorization of crimes involving the US or one or more of the EU member states whenever Romania or the USA deem it as necessary.

The protocol will be subjected to ratification and will be enforced at the enforcement date of the Agreement regarding the legal support between the European Union and the USA, signed in Washington on June 25, 2003 (the agreement will be enforced after its conclusion is approved by the European Council and the ratification of the US Senate).

Courtesy of Juridice.ro

Adding date: 19.09.2007