LETTER OF SUBMITTAL
Department of State,
Washington, September 8, 1997.
The President: I have the honor to submit to you the Extradition Treaty between the Government of the United States of America and the Government of the Republic of India (the “Treaty”), signed at Washington on June 25, 1997. I recommend that the Treaty be transmitted to the Senate for its advice and consent to ratification. Accompanying the Treaty is a related exchange of let- ters signed the same date. I recommend that these letters be trans- mitted for the information of the Senate.
The Treaty follows closely the form and content of extradition treaties recently concluded by the United States. The Treaty represents part of a concerted effort by the Department of State and the Department of Justice to develop modern extradition relationships to enhance the ability of the United States to prosecute serious offenders, including, especially, narcotics traffickers and terrorists.
The Treaty marks a significant step in bilateral cooperation between the United States and India. Upon entry into force, it would supersede (with the exception noted below) the Extradition Treaty between the United States and Great Britain signed at London on December 22, 1931, entered into force on June 24, 1935, and made applicable to India from March 9, 1942. The United States and India continued to apply that Treaty following India’s independence in 1947. That treaty has become outmoded, and the new treaty will provide significant improvements. The Treaty can be implemented without new legislation.
Article 1 obligates each Party to extradite to the other, pursuant to the provisions of the Treaty, any person charged with or found guilty of an extraditable offense in the Requesting State, whether such offense was committed before or after entry into force of the Treaty.
Article 2(1) defines an extraditable offense as one punishable under the laws of both Contracting States by deprivation of liberty for a period of more than one year, or by a more severe penalty. Use of such a “dual criminality” clause rather than a list of offenses covered by the Treaty obviates the need to renegotiate or supplement the Treaty as additional offenses become punishable under the laws of both Contracting States.
Article 2(2) defines an extraditable offense to include also an attempt or a conspiracy to commit, aiding or abetting, counseling or procuring the commission of or being an accessory before or after the fact to, any extraditable offense as described in Article 2(1).
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