11 August 2009

TREATY BETWEEN
THE GOVERNMENT OF THE KINGDOM OF THAILAND
AND
THE GOVERNMENT OF THE UNITED STATES OF
AMERICA
RELATING TO EXTRADITION

The Treaty was implemented by the Act on Extradition between the Government of the Kingdom of Thailand and the Government of the United States of America

The Government of the Kingdom of Thailand and the Government of the United States of America

Recalling that the Treaty of Extradition between the United States of America and the Kingdom of Thailand, signed at Bangkok on December 30, 1992, has enhanced the administration of criminal justice in both States; and

Desiring to provide for more effective cooperation between the two States in the suppression of crime; and

Desiring to conclude a new Treaty for the reciprocal extradition of offenders;

Have agreed as follows;

ARTICLE 1
Obligation to Extradite

(1) The Contracting Parties agree to extradite to each other, subject to the provisions described in this Treaty, persons found in the territory of one of the Contracting Parties who have been proceeded against for, have been charged with, have been found guilty of, or are wanted for the enforcement of a judicially pronounced penalty for committing an extraditable offense, by the judicial authority of the Requesting State. The term “judicial authority” shall include the police and public prosecution authority for the purpose of proceeding against or charging such persons in accordance with the laws of each Contracting Party.

(2) With respect to an extraditable offense committed outside the territory of the Requesting State, the Requested State shall grant extradition, subject to the provisions of this Treaty, if its laws would provide for the punishment of such an offense in comparable circumstances.

ARTICLE 2
Extraditable Offenses

(1) An offense shall be an extraditable offense for prosecution or for the imposition of a penalty or detention order only if it is punishable under the laws of both Contracting Parties by imprisonment or other form of detention for a period of more than one year or by any greater punishment.

For the enforcement of a penalty or detention order for such an extraditable offense, extradition shall be granted if the duration of the penalty or detention order still to be served amounts to at least six months. (2) An offense shall be an extraditable offense if it consists of preparing or attempting to commit, aiding or abetting, assisting, counseling or procuring the commission of, or being an accessory before or after the fact to, an offense described in paragraph (1) of this Article, provided that such are punishable under the laws of both Contracting Parties by imprisonment or other form of detention for a period of more than one year or by any greater punishment.

(3) Extradition shall also be granted for illicit or criminal association, as provided by the laws of Thailand, to commit any offense described in paragraph (1) of this Article, and for conspiring, as provided by the laws in the United States of America, to commit any such offense.

(4) For the purposes of this Article, an offense shall be an extraditable offense:

(a) whether or not the laws of the Contracting Parties place the offense within the same category of offenses or denominate the offense by the same terminology ; or

(b) whether or not the offense is one for which United States federal law requires proof of interstate transportation, or use of the mails or of other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court.

(5) When extradition has been granted with respect to an extraditable offense, it may also be granted in respect to any other offense specified in the extradition request that meets all other requirements for extradition except for periods of penalty or detention order set forth in
paragraph (1) of this Article.

ARTICLE 3
Political and Military Offenses

(1) Extradition shall not be granted when:
(a) the offense for which extradition is sought is a political offense ;
or
(b) it is established that extradition is requested for political purposes
; or
(c) the offense for which extradition is sought is exclusively a
military offense.

(2) For the purpose of this Treaty a murder or willful crime against the life or physical integrity of a Head of State of one of the Contracting Parties or of a member of that person’s family, including attempts to commit such offenses, shall not be deemed to be offenses within the
meaning of paragraph (1) of this Article.

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