rijk/verdrag/verdrag-tussen-het-koninkrijk-der-nederlanden-en-de-verenigde-arabische-emiraten/BWBV0006927

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Arabische Emiraten inzake uitlevering	BWBV0006927	verdrag	geldend	2023-08-01	https://wetten.overheid.nl/BWBV0006927	Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Arabische Emiraten inzake uitlevering

Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Arabische Emiraten inzake uitlevering

Artikel 1

1. Each Party agrees to extradite to the other, in accordance with the provisions of this Agreement, any person within its territory who is sought for the purpose of carrying out criminal proceedings or executing a final sentence.

2. For the purpose of this Agreement sentence shall mean: any custodial sentence or any measure involving deprivation of liberty imposed by a court for a limited or unlimited period of time on account of a criminal offence on the basis of criminal proceedings.

Artikel 2

1.

In accordance with the provision of this Agreement extradition shall be granted when:

a) a) the request for extradition is made to carry out criminal proceedings and the offence is punishable, pursuant to the law of both Parties, by a sentence of at least one year. b) b) the request for extradition is made for executing a final sentence for an offence punishable pursuant to the law of both Parties and, at the moment of submission of the request, the length of the sentence still to be served is at least six months.

2.

In determining whether an offence is an offence punishable under the laws of both Parties, it shall not matter whether:

a) a) the laws of the Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology; b) b) under the laws of the Parties the constituent elements of the offence differ, it being understood that the totality of the acts or omissions as presented by the Requesting Party shall be taken into account.

3. If the request for extradition includes several separate offences each of which is punishable under the laws of both Parties, but some of which do not fulfil the other conditions set out in Paragraph 1 of this Article, the Requested Party may grant extradition for the latter offences provided that the person is to be extradited for at least one other extraditable offence.

4. For the purposes of Paragraph 1 of this Article, extradition shall be granted also if the offence for which it is requested was committed outside of the territory of the Requesting Party, provided that the laws of the Requested Party allow the prosecution of an offence of the same nature committed outside of its territory.

Artikel 3

1.

Extradition shall be refused if:

a) a) the offence for which extradition is requested is regarded by the Requested Party as a political offence. The following offences shall not be considered as political offences:

        –
        for the United Arab Emirates; assault against the President of the State or his Deputy, the Head of Government, or any member of their families, or any Member of the Supreme Council or any member of their families;
      
      
        –
        for the Kingdom of the Netherlands: assault against the King, or any member of his family;
      
      
        –
        terrorist offences, terrorist financing offences or any other offence not considered as a political offence under any international treaty to which both Parties are a party;

– – for the United Arab Emirates; assault against the President of the State or his Deputy, the Head of Government, or any member of their families, or any Member of the Supreme Council or any member of their families; – – for the Kingdom of the Netherlands: assault against the King, or any member of his family; – – terrorist offences, terrorist financing offences or any other offence not considered as a political offence under any international treaty to which both Parties are a party; b) b) the offence for which extradition is requested is an offence under military law and is not also an offence under the general criminal law of the Requested Party; c) c) the act or omission alleged to constitute the offence to which the request relates, would not, if it had taken place within the jurisdiction of the Requested Party, have constituted an offence; d) d) the right to prosecute the offence or to enforce the sentence for which extradition is requested, has become statute-barred by lapse of time under the law of the Requested Party or the Requesting Party; e) e) the Requested Party has substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin, political opinions, sex or status or that the request will result in that person being prejudiced for any of those reasons; f) f) the offence for which extradition is requested is punishable with the death penalty or corporal punishment according to the law of the Requesting Party, unless the Requesting Party gives such guarantees as the Requested Party considers sufficient that the death penalty or corporal punishment will not be imposed or, if imposed, will not be carried out; g) g) the Requested Party considers that granting extradition is likely to prejudice its sovereignty, security, public order or other essential interests; h) h) the judgment has been rendered in absentia according to the law of the Requesting Party and the convicted person has not had sufficient notice of the trial or has not been given the opportunity to arrange for his or her defence and has not had or will not have the opportunity to have the case retried in his or her presence; i) i) the Requested Party has granted political asylum to the person sought; j) j) the execution of the request would be contrary to the principle of ne bis in idem.

2.

Extradition may be refused if:

a) a) the person sought is being prosecuted by the Requested Party for the offence for which extradition is requested or if the competent authorities of the Requested Party have decided, in accordance with the law of that Party, not to prosecute or to terminate the prosecution that has been instituted; b) b) the Requested Party, taking into account the nature of the offence and the interest of the Requesting Party, considers that the extradition of the person sought would be incompatible with humanitarian considerations, particularly in view of that person's age or health.

Artikel 4

1. The Parties reserve the right to refuse the surrender of their nationals in accordance with national law.

2. In case of refusal of the extradition, the Requested Party shall, at the request of the Requesting Party, submit the case to its competent authority for the purpose of institution of criminal proceedings in accordance with its national law. For this purpose, the Requesting Party shall provide the Requested Party with documents and evidence relating to the case. The Requesting Party shall be notified of any action taken in this respect, upon its request.

Artikel 5

1. The Central Authorities of the Parties shall process requests for extradition pursuant to this Agreement.

2.

The Central Authority for the United Arab Emirates is the Ministry of Justice.

The Central Authority for the Kingdom of the Netherlands is:

– – for the Netherlands: the Ministry of Justice and Security of the Netherlands; – – for Aruba: the Ministry of Justice of Aruba; – – for Curaçao: the Ministry of Justice of Curaçao; – – for Sint Maarten: the Ministry of Justice of Sint Maarten.

3. The Parties shall notify each other in writing through diplomatic channels of any change in the authority that is designated as Central Authority.

Artikel 6

1. All requests for extradition shall be made in writing through diplomatic channels. In urgent circumstances or emergencies, the Central Authority of the Requested Party may accept the request by facsimile, e-mail or by any other means capable of producing a written record, in which case it shall be confirmed within sixty (60) days by a formal request through diplomatic channels.

2. The Central Authorities may communicate directly after the request has been formally transmitted. Each of the Central Authorities may designate a focal point to follow the execution of a request.

3.

The following documents shall be submitted in support of a request for extradition:

a) a) the name of the requesting authority; b) b) full name of the person sought for extradition and, if available, details of his or her citizenship, place of residence or location and description of his or her appearance with photos, fingerprints and any other details, enabling to search for and identify such person; c) c) a statement of the conduct constituting the offence for which the extradition is requested, indicating the place and time of its commission and a description of the offence; d) d) a certified copy of the relevant text of the law(s) describing the essential elements of the offence for which extradition is requested; e) e) a certified copy of the relevant text of the law(s) prescribing the punishment for the offence for which extradition is requested; f) f) a certified copy of the relevant text of the law(s) prescribing the limitation period of the offence for which extradition is requested; g) g) if the request for extradition is made for the purpose of prosecution, the request shall also be supported by a copy of the warrant of arrest issued by a judge or other competent authority; h) h) if the request for extradition relates to a person who has been convicted of the offence for which extradition is sought, the request shall also be supported by:

        (i)
        a copy of the sentence or conviction imposed;
      
      
        (ii)
        a statement establishing to what extent the sentence or conviction has been carried out and the remainder of the sentence to be served.

(i) (i) a copy of the sentence or conviction imposed; (ii) (ii) a statement establishing to what extent the sentence or conviction has been carried out and the remainder of the sentence to be served.

4. All requests and supporting documents provided by the Parties in accordance with this Agreement shall be accompanied by a translation into the official language of the Requested Party or into the English language. All documents shall be signed and stamped by the Central Authority.

Artikel 7

If the information provided by the Requesting Party in support of a request for extradition is not sufficient to enable the Requested Party to reach a decision under this Agreement, the latter Party may request that the necessary additional information be submitted within forty-five (45) days. If the additional information is not submitted within that time, the request may be renounced in accordance with national law.

Artikel 8

1. In cases of urgency, the competent authorities of the Requesting Party may request to arrest the person sought or to take any other measure to ensure that the person sought remains in the territory of the Requested Party.

2. A request for provisional measures, shall be sent to the Central Authority of the Requested Party directly, through the International Criminal Police Organization (Interpol) or by any other means agreed upon by both Parties. The Requested Party shall inform the Requesting Party without delay of the action taken on the request.

3.

The request for provisional measures shall contain:

a) a) full name of the person sought for extradition and, if available, details of his or her citizenship, place of residence or location and description of his or her appearance with photos, fingerprints and any other details, enabling to search for and identify such person; b) b) a statement that extradition is to be requested; c) c) a concise statement of the facts of the case; d) d) a statement attesting to the existence and terms of an order of arrest or a final sentence; e) e) a statement of the maximum penalty that can be imposed or the sentence that has been imposed for the offence, including the time left to be served.

4. Provisional arrest may be terminated if, within a period of sixty (60) days following the arrest, the Requested Party has not received the request for the extradition and the supporting documents, referred to in Article 6 of this Agreement, and the person sought is still detained under the provisional arrest warrant. Other provisional measures may be terminated in accordance with national law.

5. Termination of provisional arrest at the end of the time limit, referred to in Paragraph 4 of this Article, shall not prevent subsequent arrest and extradition if the request for extradition and the supporting documents, referred to in Article 6 of this Agreement, are subsequently received.

Artikel 9

If extradition is requested concurrently by more than one party, for the same person, either for the same offence or for different offences, the Requested Party shall make its decision to which party, if any, it will extradite the person, having regard to all circumstances, including the relative seriousness and place of commission of the offence(s), the respective dates of the requests, the dates on which the requests were received, the dates the offences were committed and whether the person is accused or convicted.

Artikel 10

1. The Requested Party shall promptly notify the Requesting Party of its decision on the request for extradition.

2. Reasons shall be given for any refusal of the request in whole or in part.

3. If the extradition is granted, the Parties shall agree promptly on the date and place of the surrender. The person sought shall be surrendered within thirty (30) days from the date on which the Requesting Party is informed that the extradition has been granted.

4. If circumstances beyond its control prevent a Party from effectuating the surrender, it shall notify the other Party. The two Parties shall agree promptly on a new date for the person to be surrendered within thirty (30) days after receipt of the notification.

5. If, within the time limit indicated in Paragraph 4 of this Article, the Requesting Party does not take over the person to be extradited, the Requested Party may immediately release him from custody and may refuse a new request for extradition made by the Requesting Party for that person for the same offence.

6. The time spent in custody by the extradited person, even under house-arrest, between the date of arrest and the date of surrender, shall be counted by the Requesting Party for the purpose of the sentence to be served in the cases provided for in Article 2, Paragraph 1, of this Agreement.

Artikel 11

1. If the person sought is being prosecuted or is serving a sentence in the Requested Party for an offence other than that for which extradition is requested, the Requested Party may, after having decided to grant extradition, postpone the surrender until the conclusion of the criminal proceedings or the completion of the sentence. The Requested Party shall inform the Requesting Party of such postponement.

2. However, upon request of the Requesting Party, the Requested Party may, in compliance with its national law, temporarily surrender the person sought to the Requesting Party in order to enable it to carry out of the ongoing criminal proceedings, agreeing together upon the time and modalities of such temporary surrender. The person so surrendered shall be kept in detention while staying in the territory of the Requesting Party and shall be returned to the Requested Party within the agreed time. The time spent in detention shall be calculated for the purposes of the sentence to be served in the Requested Party.

3. In addition to the case provided for in Paragraph 1 of this Article, surrender may be postponed when the transfer, due to the health condition of the person sought, may endanger his or her life.

Artikel 12

1.

Upon request of the Requesting Party, the Requested Party shall, within the authority of its national law and without prejudice to the rights of others, seize the materials stated below and deliver the same to the Requesting Party at the time of surrender of the person or immediately thereafter:

a) a) items used in the commission of the offence or which constitute evidence of the offence; b) b) items obtained during the commission of the offence if they are in the possession of the person sought at the time of the arrest.

2. The surrender of any of the items indicated in Paragraph 1 of this Article shall be made even when extradition, although already granted, cannot be effected due to the death, disappearance or escape of the person sought.

3. If the seized materials, referred to in Paragraph 1 of this Article, are required for an investigation or prosecution of an offence in the Requested Party, then the delivery of those materials may be delayed, or they may be delivered on condition that they shall be returned after the conclusion of the proceedings in the Requesting Party.

4. Where the law of the Requested Party or the protection of the rights of third parties so requires, any property so surrendered shall be returned to the Requested Party free of charge after the completion of the proceedings, if that Party so requests.

Artikel 13

1.

The person extradited in compliance with this Agreement shall not be prosecuted, tried, detained for the purpose of executing a sentence in the Requesting Party, nor subjected to any other measure restricting personal liberty, for any offence committed before being surrendered and different from the one for which extradition is granted, unless:

a) a) the person extradited, after having left the territory of the Requesting Party, voluntarily returns to it; b) b) the person extradited does not leave the territory of the Requesting Party within forty-five (45) days after having had the opportunity to do so. However, such period of time shall not include the time during which said person fails to leave the Requesting Party for reasons beyond his or her control; c) c) the Requested Party consents thereto; in this case, the Requested Party upon specific request by the Requesting Party, may agree to prosecute the person extradited or execute a sentence against him or her for an offence different from that for which the request for extradition has been made, in compliance with the conditions and restrictions set by this Agreement. In this respect, the Requested Party may ask the Requesting Party to transmit the documents and information indicated in Article 6, Paragraph 3, of this Agreement.

2.

If the charge for which the person was extradited is subsequently modified, that person may be prosecuted or sentenced provided the offence under that modified description is:

a) a) an extraditable offence; and b) b) based on substantially the same facts contained in the extradition request and its supporting documents; and c) c) punishable by the same maximum penalty as, or a lesser maximum penalty than the offence for which that person was extradited.

Artikel 14

Except in the cases provided in Article 13, Paragraph 1, subparagraphs a) and b) of this Agreement, the Requesting Party cannot surrender to a third party, without the consent of the Requested Party, the person that has been surrendered to it and is requested by the third Party for offences committed before such surrender. The Requested Party may ask for the submission of the documents and information indicated in Article 6 of this Agreement.

Artikel 15

1. When the person whose extradition is requested declares to agree to it, extradition may be granted on the sole basis of the request for provisional arrest without it being necessary to submit the documents indicated in Article 6 of this Agreement. However, the Requested Party may request any further information it deems necessary to grant the extradition.

2. The declaration of consent by the person sought shall be valid if made before a competent authority of the Requested Party, who has the obligation to inform the person sought of the right to avail itself of a formal extradition procedure, of the right to avail itself of the protection conferred by the principle of speciality and of the irrevocability of such declaration. The person sought may be assisted by defence counsel, in accordance with national law of the Requested Party.

3. The declaration shall be reported in a legal record in which it is acknowledged that the conditions for its being valid have been complied with.

Artikel 16

1. Each Party may authorise transit through its territory of a person surrendered to the other Party by a third party in compliance with the provisions of this Agreement and national law, unless reasons of public interest prevent it.

2. The Party requesting the transit shall submit to the State of transit, through the Central Authorities, or in particularly urgent cases through the International Criminal Police Organization (Interpol), a request containing the personal details of the person in transit and a concise statement of facts of the case. The request for transit shall be accompanied by a copy of the document grant the extradition.

3. The State of transit shall hold in custody the person in transit while said person is on its territory.

4. No authorisation for transit shall be required when air transportation is used and no landing is scheduled on the territory of the State of transit. If an unscheduled landing occurs in the territory of the aforementioned State, the Party requesting transit shall immediately inform the State of transit and the latter shall hold the person to be transported for a maximum of 48 hours awaiting to receive the request for transit provided for in Paragraph 2 of this Article.

Artikel 17

The Parties agree to keep all documents and information used in the extradition procedure confidential, except to the extent necessary to execute the request.

Artikel 18

1. For the purpose of this Article data shall mean: all information relating to an identified or identifiable natural person.

2. The Parties shall ensure that the data transferred from one Party to another shall be used only for the purpose of executing a request, pursuant to this Agreement. No data shall be used for any other purpose, or transferred to any third country without prior approval of the Party which transferred the data.

3. The Parties shall ensure the accuracy of personal data transferred pursuant to this Agreement and they shall ensure that appropriate measures shall be taken in order to protect the transmitted data against accidental or unauthorised destruction or accidental loss as well as against unauthorised access, alteration or dissemination.

4. The Parties shall consult each other on the desired time limits for storage, the necessity of any prolonged storage needed, as well as the need to rectify inaccurate, incomplete or unreliable data or the desire or need to erase data or to restrict the use of data.

5. To the extent regulated by the national law of the Parties, the data subject may be provided with information on the categories of data transferred and the purpose of the data transfer. The Party concerned may not inform the data subject if this is necessary to avoid obstructing official or legal enquiries, criminal or administrative investigations, prosecutions or the execution of criminal penalties, to protect public security, to protect national security, or to protect the rights and freedoms of others.

6. Parties shall consult each other if a judicial competent authority, pursuant to national law, makes any determination on the admissibility of the transfer of any data from one Party to another, pursuant to this Agreement.

Artikel 19

1. The Requested Party shall bear the expenses incurred in its territory in arresting the person sought and maintaining said person in custody until the surrender to the Requesting Party, as well as the expenses associated with the seizure and keeping of the items referred to in Article 12 of this Agreement.

2. The Requesting Party shall bear the expenses incurred in transporting the person extradited and any item seized from the Requested Party to the Requesting Party, as well as the expenses of the transit indicated in Article 16 of this Agreement.

3. If it is apparent that exceptional expenses may be incurred as a result of a request for extradition, the Parties shall consult with a view to deciding how those expenses will be met.

Artikel 20

This Agreement shall not affect any existing obligations of the Parties in other agreements, nor prevent the Parties from providing assistance to each other pursuant to other agreements or arrangements.

Artikel 21

With regard to the Kingdom of the Netherlands, this Agreement shall apply to the European part of the Netherlands, the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), Aruba, Curaçao and Sint Maarten, unless the notification referred to in Article 23 of this Agreement provides otherwise. In the latter case, the Kingdom of the Netherlands may extend the application of this Agreement at any time to one or more of its constituent parts by notification to the United Arab Emirates through diplomatic channels.

Artikel 22

The Parties shall convene whenever they deem it necessary, in order to discuss the application of this Agreement and they may also convene meetings with the competent authorities of the Parties with a view to facilitate the application of this Agreement, in particular with respect to such issues as training, the preparation and use of standard formats, the preparation and execution of specific types of requests or of specific individual requests.

Artikel 23

1. This Agreement shall enter into force on the first day of the first month after the date of receipt of the final notification in which the Parties inform each other, through diplomatic channels, that they have fulfilled the requirements of their national legislation.

2. This Agreement may be amended by mutual consent of the Parties and the amendment shall enter into force in accordance with Paragraph 1 of this Article.

3. Either Party may terminate this Agreement by notice in writing through diplomatic channels at any time. Termination shall take effect six (6) months after the date on which the notice is given. However, proceedings already commenced before the notice of termination shall continue to be governed by this Agreement until fully concluded.

4. Subject to Paragraph 3 of this Article, the Kingdom of the Netherlands shall be entitled to terminate the application of this Agreement separately in respect of any of the constituent parts of the Kingdom of the Netherlands.

5. This Agreement shall apply to any request submitted after its entry into force, even if the relevant offences were committed before its entry into force.