Identifier
Created
Classification
Origin
04BRUSSELS862
2004-02-27 14:06:00
CONFIDENTIAL
Embassy Brussels
Cable title:  

STATUS OF BILATERAL PROTOCOLS ON EXTRADITION AND

Tags:  CASC KCRM KJUS PREL EUN USEU BRUSSELS 
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C O N F I D E N T I A L BRUSSELS 000862 

SIPDIS

STATE FOR INL/PC MAREN BROOKS, L/LEI KEN PROPP. DOJ FOR
OIA/KEN HARRIS

E.O. 12958: DECL: 04/17/2009
TAGS: CASC KCRM KJUS PREL EUN USEU BRUSSELS
SUBJECT: STATUS OF BILATERAL PROTOCOLS ON EXTRADITION AND
MUTUAL LEGAL ASSISTANCE

REF: 03 BRUSSELS 05015

Classified By: USEU NAS:Frank Kerber. Reasons: 1.4 (b) and (d)

C O N F I D E N T I A L BRUSSELS 000862

SIPDIS

STATE FOR INL/PC MAREN BROOKS, L/LEI KEN PROPP. DOJ FOR
OIA/KEN HARRIS

E.O. 12958: DECL: 04/17/2009
TAGS: CASC KCRM KJUS PREL EUN USEU BRUSSELS
SUBJECT: STATUS OF BILATERAL PROTOCOLS ON EXTRADITION AND
MUTUAL LEGAL ASSISTANCE

REF: 03 BRUSSELS 05015

Classified By: USEU NAS:Frank Kerber. Reasons: 1.4 (b) and (d)


1. (U) The U.S.-EU Agreements on Extradition and Mutual
Legal Assistance (MLA) were signed at the Summit in
Washington on June 25, 2003. Before these agreements can be
sent to Congress for ratification, protocols to existing
bilateral extradition and MLATs must be negotiated. In the
limited instances where there are no existing bilateral
treaties on either extradition or MLA, new agreements are
necessary to create a bilateral obligation to bring into
force the U.S.-EU Agreement. The U.S.-EU Agreements and the
bilateral protocols will then be sent forward as a package
for ratification later this year. The intent of the
bilateral protocols is to formally incorporate the updated
provisions of the new U.S.-EU Agreements into the existing
treaties. Where no extradition or MLA treaty exists, the
U.S.-EU Agreements form the initial bases for bilateral
cooperation. Bilateral treaty articles not addressed in the
U.S.-EU Agreements are unaffected and continue in force.


2. (U) The third and last round of face-to-face negotiations
on the bilateral protocols with the current EU Member States
were held February 3-5 with Greece, the UK, France, Portugal
and Spain. Several states such as The Netherlands and
Belgium opted to develop texts through informal exchanges
rather than in formal face-to-face negotiation sessions in
Brussels. The process will now continue informally until
final texts have been agreed. The U.S. will sign the
protocols with each country as they are completed. USEU
intends to brief the ten accession states as a group in April
before beginning individual negotiations with each country.
It is hoped that the protocols with the accession states can
be concluded prior to submission of the package to Congress.
However, if this is not likely, those protocols can be
submitted at a later date.

3, (C) In this last round, France and Portugal proved to be
the most problematic. Portugal wants to use these protocols
to legitimize its current practice of denying extradition in
capital cases and those involving life imprisonment based on
constitutional grounds, despite the fact that the current
bilaterals do not authorize denial on these grounds. France
says it is bound to the U.S.-EU Agreements under EU law so
does not intend to submit those agreements to its assembly
for ratification. France therefore opposes our bilateral
protocol approach because it would be viewed as changing the
existing bilateral agreements and thus require Assembly
approval. It is hoped that by signing protocols with the
other Member States as they are completed, pressure can be
put on France and Portugal to also agree rather than
jeopardize the process.

Foster