The United States and European Union have entered into new extradition and Mutual Legal Assistance Agreements (“MLAT’s”) that greatly increase the prosecutorial reach of the United States government. A total of 56 new treaties became effective on February 1, 2010. See, DOJ’s February 1. 2010 press release.
Significantly, the new agreements on extradition replace the prior list of offenses that were deemed extraditable with a new dual criminality standard. In the past both the requesting and the requested country had to have the same criminal laws before an extradition request could be granted. Because many United States criminal laws did not have European Union counterparts, the old extradition treaties provided potential barriers for the United States in extraditing for offenses such as criminal antitrust violations. The new extradition agreements require only that both countries have similar provisions.
As a result, a European Union citizen may now be extradited to the United States if indicted for criminal antitrust offenses or offenses involving interstate transportation, the use of United States mail, among others. Further, a European Union executive may now face extradition to the United States for acts that occurred entirely outside of the United States and did not constitute a violation of European law. The treaties also allow the U.S. to request the provisional arrest of the requested person by Interpol.
Finally, the new MLAT’s allow the United States to obtain prompt identification of European Union financial accounts as part of a criminal investigation, allow U.S. prosecutors to obtain testimony by means of video conferencing and authorize United States investigators and prosecutors to work jointly with European Union partners.
Tags: European Union, extradition, extradition agreements, extradition treaties, MLAT's, treaties
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…Denis MacShane source European Commission .A debate in the House of Commons last week revisited the issue of the extradition treaty with the United States which is the cause of controversy every time a difficult case is subjected to it. The request for extradition of the NatWest three in 2006 was one such example the case of alleged computer hacker Gary McKinnon is the current one..There are two complaints raised about the extradition treaty with the United States that it is unequal and that it is inadequate..It is unequal in that the standard of evidence needed to extradite someone from the UK to the US is lower than that required to send somebody the other way. He has a medical condition which might be taken into account here but might not in the United States.
Extradition law as it..relates to the United States is particularly complex since the..United States does not fall under a simplifying bilateral regional..treaty like many nations in Europe nor has it ratified the treaty..creating the …..Further international law is not really that much like other kinds of law ..since so many situations involve no real international authority and..thus resolution of international legal cases usually amounts to more..of a freewheeling international negotiation than an actual trial or..hearing. 1929 upholding extradition for seduction a crime in both countries see generally Spatola 925 F.2d at 619…In Medina defendant Francisco Medina moved to dismiss his..charges on the grounds that they were not covered under the..extradition treaty between the United States and the Dominican..Republic.