AUSTRIA-U.S. EXTRADITION AND MUTUAL ASSISTANCE

UNCLAS VIENNA 002093

SIPDIS

DEPARTMENT FOR CA/OCS/ACS/EUR, EUR/AGS, L/LEI FOR KEN
PROPP

E.O. 12958: N/A
TAGS: CJAN AU
SUBJECT: AUSTRIA-U.S. EXTRADITION AND MUTUAL ASSISTANCE
PROTOCOLS: AUSTRIAN RESPONSE TO SUGGESTED CORRECTIONS

REF (A) VIENNA 1705 AND PREVIOUS (B) PROPP/PHILLIPS

EMAIL OF JUNE 3, 2005


1. Under cover of a note verbale dated June 16, 2005,
the GOA has addressed the suggested changes in the
German text of the Mutual Legal Assistance Protocol and
agrees to the changes in Article 5(2) (an alternative
German wording was later provided informally and will
be communicated via septel) and Article 6 (the
misprint).


2. With reference to the suggested corrections in
Article 4(2)(a) and Article 5(3) the GOA does not/not
believe the changes are warranted and notes that since
the English text fully conforms with the text of the
2003 US-EU Agreement on Extradition and Mutual Legal
Assistance, the German text should also be consistent
with the German-language version of the US-EU
Agreement. The note goes on to say that whereas
changing Article 5(3) would not have a concrete effect
on the meaning, the suggested changes in Article 4
(2)(a) may lead to certain difficulties in
interpretation. The German wording of the draft is
therefore deemed sufficient, also because Article 4(2)
expressly refers to paragraph 1 of this Article.


3. A separate note verbale, also dated June 16, 2005,
addresses the required authorization by the Austrian
Cabinet and asks for a new proposal for a signing date.
(Comment: Embassy has informally heard that Justice
Minister Miklautsch will be on vacation as of mid July.
End Comment.)
BROWN