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Extradition Act

(Chapter 103, Section 3)

United States of America (Extradition) Order in Council

O 1

G.N. No. S 430/1936

REVISED EDITION 1990

(25th March 1992)

The following Order of His Majesty in Council made on the 6th day of June, 1935, entitled the “United States of America (Extradition) Order in Council, 1935”, is published for general information:

At the Court at Buckingham Palace, the 6th day of June, 1935.

Present,

The King’s Most Excellent Majesty in Council.

Whereas by the Extradition Acts, 1870^(a) to 1932^(b), it was amongst other things enacted that, where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, His Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that His Majesty may, by the same or any subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the part of His Majesty’s dominions specified in the Order, and render the operation thereof subject to such conditions, exceptions and qualifications as may be deemed expedient:

^(a) 33 and 34 V. c. 52.

^(b) 22 and 23 G. 5c. 39.

And whereas by Orders in Council dated the 21st March 1890, the 26th June 1901, and the 11th February 1907, the Extradition Acts, 1870 to 1906, were respectively made applicable in the case of the United States of America under and in accordance with the several Conventions concluded between His Majesty and the President of the United States on the 12th July 1889, the 13th December 1900, and the 12th April 1905:

And whereas a Treaty was signed on the 22nd day of December, 1931, between His Majesty and the President of the United States of America for mutual extradition of fugitive criminals, which Treaty is in the terms following:

His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India,

And the President of the United States of America;

Desiring to make more adequate provision for the reciprocal extradition of criminals,

Have resolved to conclude a Treaty for that purpose, and to that end have appointed as their plenipotentiaries: —

His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India:

For Great Britain and Northern Ireland:

The Right Honourable Sir John Simon, G.C.S.I., M.P., His Principal Secretary of State for Foreign Affairs;

And the President of the United States of America;

General Charles G. Dawes, Ambassador Extraordinary and Plenipotentiary of the United States of America at the Court of St. James;

who, having communicated their full powers, found in good and due form, have agreed as follows:

Article 1

The High Contracting Parties engage to deliver up to each other, under certain circumstances and conditions stated in the present Treaty, those persons who, being accused or convicted of any of the crimes or offences enumerated in Article 3, committed within the jurisdiction of the one Party, shall be found within the territory of the other Party.