Saturday, March 23, 2019

Arrest of Meng Wanzhou: Why here in Vancouver? Why not Mexico? The US has a Extradiction Treaty with both countries

The US should have waited until Meng landed in Mexico ..... instead of arresting her here in Canada


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 US   Mexico  Extradition Treaty

 Letter of Transmittal

The White House

March 22, 1979

To the Senate of the United States

With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty of Extradition Between the United States of America and the United Mexican States , signed at Mexico City on May 4, 1978

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US Canada Extradition Treaty

 Letter of Transmittal

The White House

March 22, 1979

To the Senate of the United States

With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty of Extradition Between the United States of America and the United Mexican States, signed at Mexico City on May 4, 1978

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Canada International Extradition Treaty with the United States

December 3, 1971, Date-Signed

March 22, 1976, Date-In-Force

STATUS:

Treaty signed at Washington on December 3, 1971.  An agreement amending the treaty effected by exchange of notes signed at Washington on June 28 and July 9, 1974.  Ratification of the treaty, as amended, advised by the Senate of the United States of America on December 1, 1975.  It was Ratified by Canada on February 2, 1976.  Ratifications exchanged at Ottawa on March 22, 1976.  It was Proclaimed by the President of the United States of America May 6, 1976 and Entered into force March 22, 1976.

Article 1

Each Contracting Party agrees to extradite to the other, in the circumstances and subject to the conditions described in this Treaty, persons found in its territory who have been charged with, or convicted of, any of the offenses covered by Article 2 of this Treaty committed with the territory of the other, or outside thereof under the conditions specified in Article 3(3) of this Treaty.

Article 2

(1) Persons shall be delivered up according to the provisions of this Treaty for any of the offenses listed in the Schedule annexed to this Treaty, which is an integral part of this Treaty, provided these offenses are punishable by the laws of both Contracting Parties by a term of imprisonment exceeding one year.


(2) Extraditions shall also be granted for attempts to commit, or conspiracy to commit or being a party to any of the offenses listed in the annexed Schedule.

(3)  Extradition shall also be granted for any offense against a federal law of the United State in which one of the offenses listed in the annexed Schedule, or made extraditable by paragraph 2) of this Article, is a substantial element, even if transporting, transportation, the use of the mails or interstate facilities are also elements of the specific offense.

ARTICLE 3

(1) For the purpose of this Treaty the territory of a Contracting Party shall include all territory under the jurisdiction of that Contracting Party, including air space and territorial waters and vessels and aircraft registered in that Contracting Party or aircraft leased without crew to a lessee who has his principal place of business, or, if the lessee has no such place of business, his permanent residence in, that Contracting Party if any such aircraft is in flight, or if any such vessel is on the high seas when the offense is committed.  For the purpose of this Treaty an aircraft shall be considered in flight from the moment when power is applied for the purpose of the take-off until the moment when the landing run ends.

(2) In a case when offense 23 of the annexed Schedule is committed on board an aircraft at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, such offense and any other offense covered by Article 2 committed against passengers or crew of that aircraft in connection with such offense shall be considered to have been committed with the territory of a Contracting Party if the aircraft was registered in that Contracting Party, if the aircraft landed in the territory of that Contracting Party with the alleged offender still on board, or if the aircraft was leased without crew to a lessee who has his principal place of business, or, if the lessee has no such place of business, his permanent residence in that Contracting Party.

(3) When the offense for which extradition has been requested has been committed outside the territory of the requesting State, the executive or other appropriate authority of the requested State shall have the power to grant the extradition if the laws of the requested State provide for jurisdiction over such offense committed in similar circumstances.

ARTICLE 4

(1) Extradition shall not be granted in any of the following circumstances:

(i) When the person whose surrender is sought is being proceeded against, or has been tried and discharged or punished in the territory of the requested State for the offense for which his extradition is requested.

(ii) When the prosecution for the offense has become barred by lapse of time according to the laws of the requesting State.

(iii)  When the offense in respect of which extradition is requested is of a political character, or the person whose extradition is requested proves that the extradition request has been made for the purpose of trying or punishing him for an offense of the above-mentioned character.  If any question arises as to whether a case comes within the provisions of this subparagraph, the authorities of the Government on which the requisition is made shall decide.

(2) The provisions of subparagraph (iii) of paragraph (1) of this Article shall not be applicable to the following:

(1) A kidnapping, murder or other assault against the life or physical integrity of a person to whom a Contracting Party has the duty according to international law to give special protection, or any attempt to commit such an offense with respect to any such person.

(ii)  When offense 23 of the annexed Schedule, or an attempt to commit, or a conspiracy to commit, or being a party to the commission of that offense, has been committed on board an aircraft engaged in commercial services carrying passengers.

etc. etc. etc. to Article 18

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Global Affairs Canada:
 E101323 - CTS 1976 No. 3

SCHEDULE

  1. Murder; assault with intent to commit murder.
  2. Manslaughter.
  3. Wounding; maiming; or assault occasioning bodily harm.
  4. Unlawful throwing or application of any corrosive substances at or upon the person of another.
  5. Rape; indecent assault.
  6. Unlawful sexual acts with or upon children under the age specified by the laws of both the requesting and requested States.
  7. Willful non-support or willful abandonment of a minor when such minor is or is likely to be injured or his life is or is likely to be endangered.
  8. Kidnapping; child stealing; abduction; false imprisonment.
  9. Robbery; assault with intent to steal.
  10. Burglary; housebreaking.
  11. Larceny, theft or embezzlement.
  12. Obtaining property, money or valuable securities by false pretenses or by threat of force or by defrauding the public or any person by deceit or falsehood or other fraudulent means, whether such deceit or falsehood or any fraudulent means would or would not amount to a false pretense.
  13. Bribery, including soliciting, offering and accepting.
  14. Extortion.
  15. Receiving any money, valuable securities or other property knowing the same to have been unlawfully obtained.
  16. Fraud by a banker, agent, or by a director or officer of any company.
  17. Offenses against the laws relating to counterfeiting or forgery.
  18. Perjury in any proceeding whatsoever.
  19. Making a false affidavit or statutory declaration for any extrajudicial purpose.
  20. Arson.
  21. Any act done with intent to endanger the safety of any person travelling upon a railway, or in any aircraft or vessel or other means of transportation.
  22. Piracy, by statute or by law of nations; mutiny or revolt on board a vessel against the authority of the captain or commander of such vessel.
  23. Any unlawful seizure or exercise of control of an aircraft, by force or violence or threat of force or violence, or by any other form of intimidation, on board such aircraft.
  24. Willful injury to property.
  25. Offenses against the bankruptcy laws.
  26. Offenses against the laws relating to the traffic in, production, manufacture, or importation of narcotic drugs, Cannabis sativa L., hallucinogenic drugs, amphetamines, barbiturates, cocaine and its derivatives.
  27. Use of the mails or other means of communication in connection with schemes devised or intended to deceive or defraud the public or for the purpose of obtaining money or property by false pretenses.
  28. Offenses against federal laws relating to the sale or purchase of securities.
  29. Making or having in possession any explosive substance with intent to endanger life, or to cause severe damage to property.
  30. Obstructing the course of justice in a judicial proceeding, existing or proposed, by:
    1. dissuading or attempting to dissuade a person by threats, bribes, or other corrupt means from giving evidence;
    2. influencing or attempting to influence by threat, bribes, or other corrupt means a person in his conduct as a juror; or
    3. accepting a bribe or other corrupt consideration to abstain from giving evidence or to do or to refrain from doing anything as a juror.


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The United States maintains diplomatic relations – but does not have extradition treaties ... with China.


https://en.wikipedia.org/wiki/List_of_United_States_extradition_treaties


https://en.wikipedia.org/wiki/Extradition_law_in_the_United_States




Diplomatic Treaties


1 comment:

e.a.f. said...

Trump and his political/corporate pals had an agenda and it wouldn't work if they arrested Ms. Meng in Mexico. They don't have the same agenda for Mexico. Trudeau/Freeland/Canada are a pain in the arse to the Republicans and the U.S.A interests.

China hasn't caught on to it and continues to impose sanctions on Canada and arrest our citizens. Trump played this one well.