ARTICLE II--SCOPE OF APPLICATION

The application of this Treaty shall be subject to the following conditions:
1. That the offense, for which the offender to be transferred was convicted and sentenced, is one which would also be punishable as a crime in the Receiving State had the offense been committed in the Receiving State. This condition shall not be interpreted so as to require that the crimes described in the laws of the two Parties be identical in matters not affecting the character of the crimes such as the quantity of property or money taken or possessed or the presence of a jurisdictional element such as interstate criminal activity.

2. That the offender to be transferred is a national of the Receiving State.

3. That the offender to be transferred did not commit an offense:
(a) against the internal or external security of the State;
(b) against the Head of State of the Transferring State or a member of his family; or
(c) against legislation protecting national art treasures.

4. That there is at least one year of the offender's sentence remaining to be served at the time of his application for transfer.

5. That no further or other legal proceedings relating to the offense or any other offense are pending in the Transferring State.

6. That, in the case of imprisonment, confinement or other form of deprivation of liberty, the offender shall, at the time of transfer, have served in the Transferring State any minimum period of the sentence stipulated by the law of the Transferring State.

7. That the transfer may be refused if:
(a) it is considered by the Transferring State to jeopardize its sovereignty, its security or its public order; or
(b) the offender is also a national of the Transferring State.

ARTICLE III--PROCEDURE FOR TRANSFER

1. Either Party may inform an offender, who is within the scope of the present Treaty, of the substance of the Treaty.
2. Every transfer under this Treaty shall be commenced through diplomatic channels by a written request from the Receiving State to the Transferring State. If the Transferring State approves the request, it shall so inform the Receiving State through diplomatic channels and initiate procedures to effectuate the transfer of the offender.
3. In deciding upon the transfer of an offender, each Party shall consider the following factors:
(a) The probability that transfer of the offender will contribute to his social rehabilitation or otherwise be
in his best interests; and
(b) The nature and severity of the offense, including the effects of the offense within the Transferring and
Receiving States and any mitigating or aggravating circumstances.
4. No offender shall be transferred unless:
(a) he is under a sentence of imprisonment for life;
(b) the sentence which he is serving states a definite termination date, or the authorities authorized to fix
such a date have so acted; or
(c) he is subject to confinement, custody or supervision under the law of the Transferring State respecting
juvenile offenders.
5. The Transferring State shall furnish to the Receiving State a statement showing the offense of which the offender was convicted, the termination date of the sentence, the length of time already served by the offender, and any credits to which the offender is entitled on account of work done, good behavior or pretrial confinement.
6. The Transferring State shall furnish to the Receiving State a certified copy of all judgments and sentences concerning the offender from the date of his detention in the Transferring State. When the Receiving State considers such information insufficient, it may request additional information.
7. Delivery of the offender by the authorities of the Transferring State to those of the Receiving State shall occur at a place within the Transferring State agreed upon by both Parties. The Transferring State shall afford an opportunity to the Receiving State, if the Receiving State so desires, to verify, prior to the transfer, that the offender's consent to the transfer is given voluntarily and with full knowledge of the consequences thereof, through the officer designated by the law of the Receiving State.

ARTICLE IV--RETENTION OF JURISDICTION

In respect of sentences to be executed pursuant to this Treaty, the Transferring State shall retain exclusive jurisdiction regarding the judgments of its courts, the sentences imposed by them, and any procedures for revision, modification or cancellation of judgments and sentences pronounced by its courts. The Receiving State, upon being informed of any revision, modification or cancellation of such a judgment or sentence, shall put such measure into effect.

ARTICLE V--PROCEDURE FOR EXECUTION OF SENTENCE

1. Except as otherwise provided in this Treaty, the completion of a transferred offender's sentence shall be carried out according to the laws and procedures of the Receiving State, including those governing conditions for service of imprisonment, confinement or other deprivation ofliberty, probation and parole, and those providing for the reduction of the term of imprisonment, confmement or other deprivation ofliberty by parole, conditional release or otherwise. The Transferring State shall, in addition, retain a power to pardon the offender or to commute his sentence and the Receiving State shall, upon being notified of such pardon or commutation, give effect thereto.
2. The Receiving State may treat under its law relating to juvenile offenders any offender so categorized under its law regardless of his status under the law of the Transferring State.
3. No sentence of deprivation of liberty shall be enforced by the Receiving State in such a way as to extend it beyond the period specified in the sentence of the court of the Transferring State.
4. The expenses incurred in the transfer of the offender or in the completion of the offender's sentence shall be borne by the Receiving State.
5. The authorities of either Party shall at the request of the other Party provide reports indicating the status of all offenders transferred under this Treaty, including, in particular, the parole or release of any offender. Either Party may, at any time, request a special [* 12] report on the status of the execution of an individual sentence.
6. The transfer of an offender under the provisions of this Treaty shall not create any additional disability under the law of the Receiving State beyond that which the fact of his conviction may in and of itself already have created.

ARTICLE VI--TRANSIT OF OFFENDERS

If either Party enters into an agreement for the transfer of offenders with any third State, the other Party shall cooperate in facilitating the transit through its territory of offenders being transferred pursuant to such agreement. The Party intending to make such a transfer will give advance notice to the other Party of such transit.

ARTICLE VII--IMPLEMENTlNG PROCEDURE

1. In implementing this Treaty either Party may establish procedures and criteria consistent with its purpose and object for determining whether or not to consent to the transfer of an offender.
2. Each Party shall establish by legislation or regulation the procedures necessary to give legal effect within its territory to sentences pronounced by courts of the other Party, and each Party agrees to cooperate in the procedures established by the other Party.
3. Each Party shall designate an [*13] authority to perform the functions provided in this Treaty.

ARTICLE VIII--FlNAL PROVISIONS

1. This Treaty shall be subject to ratification and shall enter into force on the date on which instruments of ratification are exchanged. This exchange of instruments of ratification shall take place at Washington as soon as possible.
2. The present Treaty shall remain in force for three years from the date upon which it enters into force. Thereafter, the Treaty shall continue in force until ninety days from the date upon which either Party gives written notice to the other Party of its intention to terminate the Treaty.
In Witness Whereof the undersigned, being duly authorized thereto by their respective Governments, have signed the present Treaty.
Done at Bangkok this 29th day of October, 1982 in duplicate, in the English and Thai languages, each text being equally authentic.

For the Government of the United States of America

WILLIAM FRENCH SMITH,
Attorney General of the United States of America.

For the Government of the Kingdom of Thailand

SIDDHI SA VETSILA,
Air Chief Marshal, Minister of Foreign Affairs of Thailand.

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