Page:Extradition Treaty between the U.S.A. and India.djvu/6

 Additional flexibility is provided by Article 2(3), which provides that an offense shall be considered an extraditable offense: (1) whether or not the laws of the Contracting States place the offense within the same category of offenses or describe the offense by the same terminology; (2) whether or not the offense is one for which United States 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, such matters being merely for the purpose of establishing jurisdiction in a United States federal court; or (3) whether or not it relates to taxation or revenue or is one of a purely fiscal character.

With regard to offenses committed outside the territory of the Requesting State, Article 2(4) provides that an offense described in Article 2 shall be an extraditable offense regardless of where the act or acts constituting the offense were committed. Article 2(5) provides that if extradition has been granted for an extraditable offense, it shall also be granted for any other offense specified in the request, even if the other offenses are punishable by less than one year’s deprivation of liberty, provided that all other requirements for extradition have been met.

Article 3 provides that extradition shall not be refused on the ground that the person sought is a national of the Requested State. Neither party, in other words, may invoke nationality as a basis for denying an extradition.

As is customary in extradition treaties, Article 4 incorporates a political offense exception to the obligation to extradite. This exception is substantially identical to that contained in several other modern extradition treaties including the treaty with Jordan, which recently received Senate advice and consent. Article 4(1) states generally that extradition shall not be granted if the offense for which extradition is requested is a political offense. Article 4(2) specifies eight categories of offenses that shall not be considered to be political offenses: (a) a murder or other willful crime against the person of a Head of State or Head of Government of one of the Contracting States, or of a member of the Head of State’s family; (b) aircraft hijacking offenses; (c) acts of aviation sabotage; (d) crimes against internationally protected persons, including diplomats; (e) hostage taking; (f) offenses related to illegal drugs; (g) any other offense for which both Parties are obliged pursuant to a multilateral international agreement to extradite the person sought or submit the case to their competent authorities for decision as to prosecution; and (h) a conspiracy or attempt to commit any of the offenses described above, or aiding or abetting a person who commits or attempts to commit such offenses.

Article 5(1) provides that the executive authority of the Requested State may refuse extradition for offenses under military law that are not offenses under ordinary criminal law (e.g. desertion). Article 5(2) provides that extradition shall not be granted if the executive authority of the Requested State determines that the request was politically motivated. Letters exchanged by the Parties at the time of the signing of the Treaty, and included herewith for the information of the Senate, set forth the understanding of the Parties that if either Party is considering prosecution or punishment upon extradition under law laws or rules of criminal