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BILATERAL EXTRADITION TREATIES
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Extradition
Supplementary treaty amending the treaty of May 29, 1970.
Signed at Madrid January 25, 1975;
Ratification advised by the Senate of the United States of America June 21, 1976;
Ratified by the President of the United States of America August 10, 1976; Ratified by Spain October 10, 1975;
Ratifications exchanged at Washington June 2, 1978;
Proclaimed by the President of the United States of America June 27, 1978.
Entered into force June 2, 1978.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
CONSIDERING THAT:
The Supplementary Treaty on Extradition between the United States of America and Spain was signed at Madrid on January 25, 1975, the text of which Supplementary Treaty, in the English and Spanish languages, is hereto annexed;
The Senate of the United States of America by its resolution of June 21, 1976, two-thirds of the Senators present concurring therein, gave its advice and consent to ratification of the Supplementary Treaty;
The Supplementary Treaty was ratified by the President of the United States of America on August 10, 1976, in pursuance of the advice and consent of the Senate, and was duly ratified on the part of Spain;
It is provided in Article II of the Supplementary Treaty that the Supplementary Treaty shall enter into force upon the exchange of instruments of ratification;
The instruments of ratification of the Supplementary Treaty were exchanged at Washington on June 2, 1978; and accordingly the Supplementary Treaty entered into force on that date;
NOW, THEREFORE, I, Jimmy Carter, President of the United States of America, proclaim and make public the Supplementary Agreement, to the end that it shall be observed and fulfilled with good faith on and after June 2, 1978, by the United States of America and by the citizens of the United States of America and all other persons subject to the jurisdiction thereof.
IN TESTIMONY WHEREOF, I have signed this proclamation and caused the Seal of the United States of America to be affixed.
DONE at the city of Washington this twenty-seventh day of June in the year of our Lord one thousand nine hundred seventy-eight and of the Independence of the United States of America the two hundred second.
JIMMY CARTER
[SEAL]
By the President:
CYRUS VANCE
Secretary of State
Supplementary Treaty on Extradition Between The United States of America and Spain
The President of the United States of America and the Chief of the State of Spain, desiring to make more effective the cooperation of the two countries in the repression of crime through the rendering of maximum assistance in matters of extradition,
Have decided to conclude a Supplementary Treaty on Extradition to amend the Treaty of Extradition signed at Madrid on May 29, 1970, [FN1] hereinafter referred to as the 1970 Treaty, and to this end have named as their representatives:
FN1. TIAS 7136; 22 UST 737.
End of Footnote(s).
The President of the United States of America:
Samuel D. Eaton, Esquire, Charge d'Affaires ad interim,
The Chief of State of Spain:
His Excellency Señor D. Pedro Cortina Mauri, Minister of Foreign Affairs,
who, after having exchanged their full powers, found to be in good and due form, have agreed as follows:
Article I
Paragraph D of Article XI of the 1970 Treaty is revised as follows: "A person arrested upon such an application shall be set at liberty upon the expiration of 45 days from the date when the Embassy of the country seeking extradition is informed through diplomatic channels of the fact of this arrest if a request for his extradition accompanied by the documents specified in Article X shall not have been received. However, this stipulation shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received."
Article II
This Supplementary Treaty is subject to ratification and the instruments of ratification shall be exchanged in Washington as soon as possible.
This Supplementary Treaty shall enter into force upon the exchange of instruments of ratification and shall cease to be effective on the date of the termination of the 1970 Treaty.
IN WITNESS WHEREOF the Plenipotentiaries have signed this Supplementary Treaty and have hereunto affixed their seals.
Done in duplicate, in the English and Spanish languages, both equally authentic, at Madrid this twenty-fifth day of January, one thousand nine hundred seventy-five.
SAMUEL D. EATON
[SEAL]
P CORTINA MAURI
[SEAL]
29 U.S.T. 2283, 1978 WL 182173 (U.S. Treaty), T.I.A.S. No. 8938
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