Extradition Act 1965 (Application of Part II) (Amendment) Order 2003

• Jurisdiction: Ireland
• Citation: IR SI 479/2003
• Year: 2003

WHEREAS by the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted at Paris on the 21st day of November 1997 (referred to subsequently in these recitals as the “Convention on Combating Bribery”, and the terms of which are set out in Schedule 7C of the Extradition Act 1965 (Application of Part II Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(j) of, and Part A of Schedule 2 to this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 thereof;

AND WHEREAS the Convention on Combating Bribery was ratified on behalf of the State on the 22nd day of September 2003;

AND WHEREAS the Convention on Combating Bribery has also been ratified, or acceded to, by the countries specified in that regard in the Table, to Schedule 10 of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(m) of and Schedule 4 to, this Order));

AND WHEREAS, by the Criminal Law Convention on Corruption done at Strasbourg on the 27th day of January 1999 (referred to subsequently in these recitals as the “Convention on Corruption”, and the terms of which are set out in Part A of Schedule 7D of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3(k of, and Part A of Schedule 3 to, this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention on Corruption was ratified on behalf of the State on the 3rd day of October 2003;

AND WHEREAS the Convention on Corruption has also been ratified, or acceded to, by the countries specified in the said Table subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part B of the said Schedule 7D;

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) Order 2002 ( S.I. No. 173 of 2002 ), certain additional reservations have been entered to the European Convention on Extradition done at Paris on the 13th day of December 1957 (referred to subsequently in these recitals as the “Paris Convention”), the Convention for the Suppression of the Unlawful Seizure of Aircraft done at the Hague on the 16th day of December 1970 (referred to subsequently in these recitals as the “Hague Convention”), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September 1971 (referred to subsequently in these recitals as the “Montreal Convention”), the Protocol done at Montreal on the 24th day of February 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September 1971 (referred to subsequently in these recitals as the “Montreal Protocol”), the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on the 3rd day of March 1980 (referred to subsequently in these recitals as the “Nuclear Material Convention”), the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances concluded at Vienna on the 20th day of December 1988 (referred to subsequently in these recitals as the “Drug Trafficking Convention”), the European Convention on the Suppression of Terrorism done at Strasbourg on the 27th day of January 1977 (referred to subsequently in these recitals as the “Anti-Terrorism Convention”), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on the 10th day of December 1984 (referred to subsequently in these recitals as the “Convention against Torture”) and the Convention on the Safety of United Nations and Associated Personnel done at New York on the 9th day of December 1994 (referred to subsequently in these recitals as the “Convention on the Safety of UN Personnel”) the texts of which are set out in Part C of Schedule 1, Part B of Schedule 2, Part B of Schedule 3, Part B of Schedule 4, Part B of Schedule 5, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A, and Part B of Schedule 7B, of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 3 of, and Schedule 1 to, this Order);

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II (Amendment) Order 2002 ( S.I. No. 173 of 2002 ), certain additional declarations have been made in relation to the Paris Convention, the Hague Convention, the Montreal Convention the Montreal Protocol, the Nuclear Material Convention, the Drug Trafficking Convention the Anti-Terrorism Convention, the Convention against Torture and the Convention on the Safety of UN Personnel the texts of which are set out in Part C of Schedule 1, Part B of Schedule 2, Part B of Schedule 3, Part B of Schedule 4, Part B of Schedule 5, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A, and Part B of Schedule 7B, of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 3 of, and Schedule 1 to, this Order;

NOW the Government, in the exercise of the powers conferred on them by section 8 of the Extradition Act 1965 (No. 17 of 1965), hereby order as follows: 1. (1) This Order may be cited as the Extradition Act 1965 (Application of Part II (Amendment) Order 2003.

(2) This Order shall come into operation on the 8th day of October 2003. 2. In this Order the “Principal Order” means the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No. 173 of 2002 )). 3. The Principle Order is hereby amended by-

(a) the insertion, in Part C of Schedule 1, of the reservations and declarations specified in Part A of Schedule 1 to this Order,

(b) the insertion, in Part B of Schedule 2, of the reservations and declarations specified in Part B of Schedule 1 to this Order,

(c) the insertion, in Part B of Schedule 3, of the reservations and declarations specified in Part C of Schedule 1 to this Order,

(d) the insertion, in Part B of Schedule 4, of the reservations and declarations specified in Part D of Schedule 1 to this Order,

(e) the insertion, in Part B of Schedule 5, of the reservations and declarations specified in Part E of Schedule 1 to this Order,

(f) the insertion, in Part B of Schedule 6, of the reservations and declarations specified in Part F of Schedule 1 to this Order,

(g) the insertion, in Part B of Schedule 7, of the reservations and declarations specified in Part G of Schedule 1 to this Order,

(h) the insertion, in Part C of Schedule 7A, of the reservations and declarations specified in Part H of Schedule 1 to this Order,

(i) the insertion, in Part B of Schedule 7B, of the reservations and declarations specified in Part I of Schedule 1 to this Order,

(j) the insertion of the Schedule set out in Schedule 2 to this Order,

(k) the insertion of the Schedule set out in Schedule 3 to this Order,

(l) the insertion, in paragraph 1(1) of Schedule 10, of the following definitions:

“ ‘Convention on Combating Bribery’ means the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, adopted at Paris on the 21st day of November 1997;

‘Convention on Corruption’ means the Criminal Law Convention on Corruption, done at Strasbourg on the 27th day of January 1999;”, and

(m) the substitution, in Schedule 10, of the Table set out in Schedule 4 to this Order for the Table (inserted by the Extradition Act 1965 (Application of Part II)(Amendment) Order 2002 ( S.I. No. 173 of 2002 )).

SCHEDULE 1

Part A

“Azerbaijan:

Reservations contained in the instrument of ratification deposited on 28 June 2002:

The Republic of Azerbaijan reserves the right not to grant extradition on humanitarian grounds taking into consideration the age or state of health of the person sought.

The Republic of Azerbaijan will refuse the extradition if there are sufficient grounds for supposing that the extradition would affect the sovereignty or national security of the Republic of Azerbaijan.

The Republic of Azerbaijan will refuse to grant extradition if there are sufficient grounds for supposing that the person requested for extradition will be exposed to torture or other cruel, inhuman or degrading treatment or punishment in the requesting State.

The Republic of Azerbaijan will not grant extradition if there are sufficient grounds for supposing that the person requested for the extradition will be persecuted for reasons of race, nationality, language, religion, citizenship or political opinion.

The Republic of Azerbaijan declares that according to Article 53(II) of the Constitution of the Republic of Azerbaijan in no circumstances a citizen of the Republic of Azerbaijan shall be extradited to another State. In this respect the Republic of Azerbaijan in any case will refuse to extradite its citizens.

Declarations contained in the instrument of ratification deposited on 28 June 2002:

The Republic of Azerbaijan declares that transit of extradited persons through the territory of the Republic of Azerbaijan will be allowed subject to the observance of the same conditions as for extradition.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention and its Additional Protocols in the territories...