DOJ-OGR-00002143.pdf

--- Page 1 --- **Case 1:20-cr-00330-AJN Document 97-22 Filed 12/14/20 Page 19 of 30** **William JULIÉ avocat à la cour – attorney at law** **57.** If extradition is refused solely on the basis of the nationality of the person sought, Article 3(2) requires the requested State to submit the case to its authorities for prosecution, if so requested by the requesting State. **58.** Consequently, the Extradition Treaty between France and the USA does not contain any prohibition on the extradition of nationals. Instead, it merely states that there is no obligation upon the requested State to grant the extradition of a person who is one of its nationals. **59.** The Extradition Treaty between France and the USA must therefore be distinguished from several international agreements on extradition ratified by France, which, by contrast, contain a clear rule against the extradition of French citizens [30]. **60.** For example, France has made the following declaration pursuant to Article 6 of the European Convention on Extradition 1957, which gives Contracting States "the right to refuse extradition of nationals": "Extradition shall be refused when the person sought had French nationality at the time of the alleged offence" [31]. **61.** Therefore, France does not surrender French citizens under the European Convention on Extradition [32]. **62.** The Extradition Treaty between France and the USA is similar to other international agreements signed by France which also do not contain a prohibition against the extradition of nationals. These are generally treaties signed with Common law jurisdictions, which do not oppose the extradition of their nationals [33]. **[See, for example, the Extradition treaty between France and Morocco, or the Extradition treaty between France and China.]** **[See France's instrument of ratification of the European Convention on Extradition, deposited on 10 February 1986.]** **[The European Convention on Extradition 1957 is an instrument of the Council of Europe which was signed in Paris on December 13th, 1957 and came into force on April 18th, 1960. This was ratified by South Africa, Israel, and the Republic of Korea. It was ratified by France on February 10th, 1986.]** **[For example, the Extradition Treaty between France and Canada, signed in Ottawa on 17 November 1988, contains a similar provision to the United States Treaty: "The requested State shall not be bound to extradite its own nationals. Nationality shall be determined as of the date of the offence for which extradition is requested" (Article 3).]** **51, rue Ampère - 75017 paris - tél. 01 88 33 51 80 – fax. 01 88 33 51 81** **www.wjavocats.com - palais C1652** **wj@wjavocats.com** **18** **DOJ-OGR-00002143**