THE CASE FOR CONCLUDING AN AIT-TECRO EXTRADITION

C O N F I D E N T I A L AIT TAIPEI 000277 STATE FOR D FOR PAMELA PARK STATE FOR L/LEI/MKULISH, KWILSON; L/ESA/MCOMFORT STATE FOR DS/IP/EAP E.O. 12958: DECL: 03/12/2019 TAGS: PREL CJAN KCRM PGOV ASEC US TW SUBJECT: THE CASE FOR CONCLUDING AN AIT-TECRO EXTRADITION AGREEMENT REF: A. 1995 SECSTATE 316771 ¶B. 1995 TAIPEI 335 ¶C. 2008 STATE 5865 ¶D. 2008 TAIPEI 170 ¶E. TAIPEI 214 Classified By: Director Stephen M. Young, Reasons: 1.4(B) and (D). ¶1. (C) Summary: Despite the absence of an extradition agreement, Taiwan has consistently assisted U.S. law enforcement agencies in returning fugitives wanted in the U.S. for major crimes. Taiwan, however, has not been able to secure the return of its fugitives from the U.S., resulting in more than 130 criminal suspects at large in the United States and creating a widespread perception in Taiwan of a lack of reciprocity in our law enforcement relationship. In the wake of several high-profile cases, some in Taiwan have called for a reevaluation of Taiwan's law enforcement cooperation with the United States. The Ma administration has now publicly announced the goal of pursuing a U.S.-Taiwan extradition agreement as one of its highest priorities in our bilateral relations. End Summary. Early Background on Extradition Discussions -------------- ¶2. (C) A series of high-profile cases in the mid-1990s (refs A and B) generated initial U.S. interest in pursuing an AIT-TECRO extradition agreement. At the time, the U.S. DOJ encountered difficulties in obtaining the return of Huang Kuang-chieh, a fugitive from U.S. law enforcement wanted in connection with a major heroin smuggling case. Huang was protected from deportation because he possessed "ROC" nationality. Taiwan's law, specifically Article 4 of the Law on Extradition, prohibits the extradition of Taiwan nationals in the absence of an extradition treaty with the requesting party. Because it was not clear at the time that we would be able to extradite Taiwan nationals on the basis of an extradition "agreement" vice "treaty," the idea of concluding such an agreement was shelved. (Note: Because of the unofficial nature of our relations, the U.S. can conclude AIT-TECRO agreements, but not treaties, with Taiwan.) In March 2008, however, Taiwan provided the U.S. with a non-paper and judicial interpretation by Taiwan's highest court which clarified that an extradition "agreement" would have the same legal standing as a "treaty," removing the earlier impediments. (See septel for details.) Taiwan Cooperative on Returning Fugitives -------------- ¶3. (C) Even in the absence of an extradition agreement, Taiwan law enforcement agencies have demonstrated their willingness to cooperate with U.S. requests to return fugitives to the United States. There have been five such cases over the past eighteen months alone, including one U.S. national named on America's Most Wanted list. This particular individual, wanted for drugging and sodomizing patients, fraudulently obtained Taiwan residency and had been living and working in Taiwan for more than a year. Taiwan's Criminal Investigation Bureau (CIB) and the National Immigration Agency (NIA),working closely with AIT, ultimately detained the subject until U.S. law enforcement agents could escort him back to the United States. ¶4. (C) Some of the U.S. fugitives who chose to flee to Taiwan doubtless hoped the lack of a U.S.-Taiwan extradition agreement would help them escape justice. The implementation of an extradition agreement would deter fugitives from seeking refuge in Taiwan and would enhance cooperation by reassuring Taiwan that an effective framework exists for the return of fugitives in both directions. Taiwan Fugitives Seek Haven in the U.S. -------------- ¶5. (C) Taiwan's Ministry of Justice Investigation Bureau (MJIB) annually delivers to AIT's RSO and Consular Fraud Prevention Unit a CD and book listing information on fugitives from Taiwan's legal system. According to police contacts and MOFA officials involved in work on extradition agreements, a large number of Taiwan's criminal fugitives seek refuge in the United States. Recent information provided to AIT by Taiwan law enforcement agencies indicates there are 133 fugitives currently in the United States. More than three-quarters of them are wanted for white collar crimes such as fraud, embezzlement, and tax evasion. ¶6. (C) The highest profile case involves former Rebar Group head Wang You-theng and his wife, who fled Taiwan in December 2006, just prior to the launch of an investigation of securities fraud and embezzlement. After first traveling to China, Wang and his wife, a U.S. citizen, entered the United States in January 2007. When they subsequently left the U.S. for southeast Asia, the Taiwan authorities made a dramatic but unsuccessful effort to intercept them in Singapore. Managing to return to the U.S., Wang was detained for a time in immigration facilities, but was released after six months and is living in LA. Chen You-hao, another high-profile financial fugitive wanted for embezzling almost NTD 1 billion from companies in the late 1990s and early 2000s, fled to the mainland following his indictment in 2002. In January 2008, Chen, like Wang, also re-entered the United States. In the absence of an extradition agreement, DOS, DOJ, and DHS tried to use deportation proceedings to return both Wang and Chen to Taiwan, but were unsuccessful because of pending applications with DHS/CIS to enter or remain in the United States. Taiwan's Strong Interest in an Extradition Agreement -------------- -------------- ¶7. (C) In the wake of these high-profile cases, AIT officers and Taiwan counterparts began informal discussions to gauge interest in a possible extradition agreement (ref C). Since last year, Taiwan senior officials have expressed interest in concluding such an agreement. In March 2008, a Taiwan delegation led by Vice Minister of Justice Kuo Lin-yung discussed the issue with officials from DOS and DOJ. In June 2008, Foreign Minister Ou and Vice Foreign Minister Hsia raised the issue in meetings with AIT, EAP/TC Coordinator Mann, and Senate Foreign Relations Senior Staff Member Frank Januzzi In July, TECRO Representative Jason Yuan told the press Taiwan would give priority to concluding an extradition agreement. ¶8. (C) In late 2008, Taiwan interest in an extradition agreement increased further when it learned that U.S. law requires an agreement in place in order to qualify for the U.S. Visa Waiver Program (VWP). AIT has made clear that an extradition agreement is necessary but by no means sufficient to qualify for the VWP. ¶9. (C) President Ma Ying-jeou himself has expressed strong support for an extradition agreement, beginning with his meeting with Presidential Envoy Andrew Card in May 2008. In October 2008, President Ma publicly urged the negotiation of an extradition agreement in a meeting with members of the U.S. National Association of Attorneys General (NAAG). Most recently, he stressed in an interview with the New York Times that an extradition agreement was one of his top priorities for the development of U.S.-Taiwan relations. Concerns About Reciprocity -------------- ¶10. (C) Recently, concerns about reciprocity in returning fugitives have begun surfacing here, concerns that, if not addressed, could potentially affect our law enforcement cooperation. On March 6, Taiwan turned over a U.S. fugitive to U.S. law enforcement agents for return to California to face child molestation charges. Shortly after the CIB first detained the individual in February, however, a retired senior Taiwan diplomat (Loh I-cheng) wrote an op-ed article calling for the Ma administration to exchange the U.S. fugitive for Wang You-theng. The Ministries of Justice and Foreign Affairs quickly responded publicly that Loh's suggestion was impractical and inappropriate. Nonetheless, Loh's article drew public attention to the perception that Taiwan has come out on the short end in law enforcement cooperation because of the lack of an extradition agreement with the U.S. (ref E). Taiwan delayed deporting the subject for several days, apparently because of the controversy generated by Loh's article. Our Taiwan law enforcement counterparts have stressed the need for an extradition agreement to facilitate continued cooperation in these cases. Comment -------------- ¶11. (C) We believe it is now time to move expeditiously to negotiate and conclude an AIT-TECRO extradition agreement with Taiwan. For many in Taiwan, the U.S. now appears to be a safehaven for its fugitives from justice. In turn, this has clearly made it more difficult for Taiwan law enforcement officials to continue the high level of support they have provided us over the past years. More broadly, this issue has now become a very high priority for the Ma administration in our bilateral relations. Unlike Taiwan's desire for an FTA and Visa Waiver Program, we see the conclusion of an extradition agreement as feasible in the near term. More importantly, we see it as in the U.S. interest to underscore our commitment to international law enforcement cooperation. YOUNG