Full Text of 1978 Treaty
US Mexico Extradition Treaty
No. 19462
UNITED STATES OF AMERICA
and
MEXICO
Extradition Treaty (with appendix). Signed at Mexico City
on 4 May 1978
Authentic texts: English and Spanish.
Registered by the United States of America on 9 December 1980.
ÉTATS-UNIS D’AMÉRIQUE
et
MEXIQUE
Traité d’extradition (avec annexe). Signé à Mexico le 4 mai
1978
Textes authentiques : anglais et espagnol.
Enregistré par les États-Unis d’Amérique le 9 décembre 1980.
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EXTRADITION TREATY1 BETWEEN THE UNITED STATES OF
AMERICA AND THE UNITED MEXICAN STATES
The Government of the United States of America and th Government of the
United Mexican States,
Desiring to cooperate more closely in the fight against crime and, to this end, to
mutually render better assistance in matters of extradition,
Have agreed as follows:
Article 1. OBLIGATION TO EXTRADITE
- The Contracting Parties agree to mutually extradite, subject to the provi
sions of this Treaty, persons who the competent authorities of the requesting Party
have charged with an offense or have found guilty of committing an offense, or are
wanted by said authorities to complete a judicially pronounced penalty of depriva
tion of liberty for an offense committed within the territory of the requesting Party. - For an offense committed outside the territory of the requesting Party, the
requested Party shall grant extradition if:
(a) Its laws would provide for the punishment of such an offense committed in simi
lar circumstances, or
(b) The person sought is a national of the requesting Party, and that Party has juris
diction under its own laws to try that person.
Article 2. EXTRADITABLE OFFENSES - Extradition shall take place, subject to this Treaty, for wilful acts which fall
within any of the clauses of the Appendix and are punishable in accordance with the
laws of both Contracting Parties by deprivation of liberty, the maximum of which
shall not be less than one year. - If extradition is requested for the execution of a sentence, there shall be the
additional requirement that the part of the sentence remaining to be served shall not
be less than six months. - Extradition shall also be granted for wilful acts which, although not being
included in the Appendix, are punishable, in accordance with the federal laws of
both Contracting Parties, by a deprivation of liberty, the maximum of which shall
not be less than one year. - Subject to the conditions established in paragraphs 1, 2 and 3, extradition
shall also be granted:
(a) For the attempt to commit an offense; conspiracy to commit an offense; or the
participation in the execution of an offense; or
(b) When, for the purpose of granting jurisdiction to the United States government,
transportation of persons or property, the use of the mail or other means of
carrying out interstate or foreign commerce is also an element of the offense.
1 Came into force on 25 January 1980 by the exchange of the instruments of ratification, which took place at Wash
ington, in accordance with article 23 (2).
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Article 3. EVIDENCE REQUIRED
Extradition shall be granted only if the evidence be found sufficient, according
to the laws of the requested Party, either to justify the committal for trial of the per
son sought if the offense of which he has been accused had been committed in that
place, or to prove that he is the person convicted by the courts of the requesting Party.
Article 4. TERRITORIAL APPLICATION - For the purposes of this Treaty, the territory of a Contracting Party shall in
clude all the territory under the jurisdiction of that Contracting Party, including
airspace and territorial waters and vessels and aircraft registered in that Contracting
Party if any such aircraft is in flight when the offense is committed. - For the purposes of this Treaty, an aircraft shall be considered to be in flight
at any time from the moment when all its external doors are closed following the em
barkation until the moment when any such door is opened for disembarkation.
Article 5. POLITICAL AND MILITARY OFFENSES - Extradition shall not be granted when the offense for which it is requested is
political or of a political character.
If any question arises as to the application of the foregoing paragraph, the
Executive authority of the requested Party shall decide. - For the purpose of this Treaty, the following offenses shall not be con
sidered to be offenses included in paragraph 1 :
(a) The murder or other wilful crime against the life or physical integrity of a Head
of State or Head of Government or of his family, including attempts to commit
such an offense.
(6) An offense which the Contracting Parties may have the obligation to prosecute
by reason of a multilateral international agreement. - Extradition shall not be granted when the offense for which extradition is re
quested is a purely military offense.
Article 6. “NoN BIS IN IDEM”
Extradition shall not be granted when the person sought has been prosecuted or
has been tried and convicted or acquitted by the requested Party for the offense for
which extradition is requested.
Article 7. LAPSE OF TIME
Extradition shall not be granted when the prosecution or the enforcement of the
penalty for the offense for which extradition has been sought has become barred by
lapse of time according to the laws of the requesting or requested Party.
Article 8. CAPITAL PUNISHMENT
When the offense for which extradition is requested is punishable by death under
the laws of the requesting Party and the laws of the requested Party do not permit
such punishment for that offense, extradition may be refused, unless the requesting
Party furnishes such assurances as the requested Party considers sufficient that the
death penalty shall not be imposed, or, if imposed, shall not be executed.
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Article 9. EXTRADITION OF NATIONALS - Neither Contracting Party shall be bound to deliver up its own nationals,
but the executive authority of the requested Party shall, if not prevented by the laws
of that Party, have the power to deliver them up if, in its discretion, it be deemed
proper to do so. - If extradition is not granted pursuant to paragraph 1 of this article, the re
quested Party shall submit the case to its competent authorities for the purpose of
prosecution, provided that Party has jurisdiction over the offense.
Article 10. EXTRADITION PROCEDURES AND REQUIRED DOCUMENTS - The request for extradition shall be made through the diplomatic channel.
- The request for extradition shall contain the description of the offense for
which extradition is requested and shall be accompanied by:
(a) A statement of the facts of the case;
(b) The text of the legal provisions describing the essential elements of the offense;
(c) The text of the legal provisions describing the punishment for the offense;
(d) The text of the legal provisions relating to the time-limit on the prosecution or
the execution of the punishment of the offense;
(e) The facts and personal information of the person sought which will permit his
identification and, where possible, information concerning his location. - In addition, when the request for extradition relates to a person who has not
yet been convicted, it shall be accompanied by:
(a) A certified copy of the warrant of arrest issued by a judge or other judicial officer
of the requesting Party;
(b) Evidence which, in accordance with the laws of the requested Party, would
justify the apprehension and commitment for trial of the person sought if the
offense had been committed there. - When the request for extradition relates to a convicted person, it shall be ac
companied by a certified copy of the judgment of conviction imposed by a court of
the requesting Party.
If the person was found guilty but not sentenced, the extradition request shall be
accompanied by a certification to that effect and a certified copy of the warrant of ar
rest.
If such person has already been sentenced, the request for extradition shall be
accompanied by a certification of the sentence imposed and a statement indicating
which part of the sentence has not been carried out. - All the documents that must be presented by the requesting Party in accord
ance with the provisions of this Treaty shall be accompanied by a translation in the
language of the requested Party. - The documents which, according to this article, shall accompany the re
quest for extradition, shall be received in evidence when:
(a) In the case of a request emanating from the United States, they are authenticated
by the official seal of the Department of State and legalized by the manner
prescribed by the Mexican law;
(b) In the case of a request emanating from the United Mexican States, they are cer
tified by the principle diplomatic or consular officer of the United States in Mex
ico.
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Article 11. PROVISIONAL ARREST - In the case of urgency, either Contracting Party may request, through the
diplomatic channel, the provisional arrest of an accused or convicted person. The ap
plication shall contain a description of the offense for which the extradition is re
quested, a description of the person sought and his whereabouts, an undertaking to
formalize the request for extradition, and a declaration of the existence of a warrant
of arrest issued by a competent judicial authority or a judgment of conviction issued
against the person sought. - On receipt of such a request, the requested Party shall take the necessary
steps to secure the arrest of the person claimed. - Provisional arrest shall be terminated if, within a period of 60 days after the
apprehension of the person claimed, the executive authority of the requested Party
has not received the formal request for extradition and the documents mentioned in
article 10. - The fact that the provisional arrest is terminated pursuant to paragraph 3
shall not prejudice the extradition of the person sought if the request for extradition
and the necessary documents mentioned in article 10 are delivered at a later date.
Article 12. ADDITIONAL EVIDENCE
If the executive authority of the requested Party considers that the evidence
furnished in support of the request for extradition is not sufficient in order to fulfill
the requirements of this Treaty, that Party shall request the presentation of the
necessary additional evidence.
Article 13. PROCEDURE - The request for extradition shall be processed in accordance with the legisla
tion of the requested Party. - The requested Party shall make all arrangements necessary for internal pro
cedures arising out of the request for extradition. - The competent legal authorities of the requested Party shall be authorized
to employ all legal means within their power to obtain from the judicial authorities
the decisions necessary for the resolution of the request for extradition.
Article 14. DECISION AND SURRENDER - The requested Party shall promptly communicate to the requesting Party its
decision on the request for extradition. - In the case of complete or partial rejection of a request for extradition, the
requested Party shall give the reasons on which it was based. - If the extradition is granted, the surrender of the person sought shall take
place within such time as may be prescribed by the laws of the requested Party. The
competent authorities of the Contracting Parties shall agree on the date and place of
the surrender of the person sought. - If the competent authority has issued the warrant or order for the extradi
tion of the person sought and he is not removed from the territory of the requested
Party within the prescribed period, he shall be set at liberty and the requested Party
may subsequently refuse to extradite him for the same offense.
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Article 15. DELAYED SURRENDER
The requested Party, after granting the extradition, may defer the surrender of
the person sought when that person is being proceeded against or is serving a
sentence in the territory of the requested Party for a different offense, until the con
clusion of the proceeding or the full execution of the punishment that has been im
posed.
Article 16. REQUESTS FOR EXTRADITION MADE BY THIRD STATES
The requested Party, in the case of receiving requests from the other Contract
ing Party and from one or more third States for the extradition of the same person,
be it for the same offense or for different offenses, shall decide to which requesting
State it shall grant the extradition of that person.
Article 17. RULE OF SPECIALITY - A person extradited under the present Treaty shall not be detained, tried or
punished in the territory of the requesting Party for an offense other than that for
which extradition has been granted nor be extradited by that Party to a third State
unless:
(a) He has left the territory of the requesting Party after his extradition and has
voluntarily returned to it;
(b) He has not left the territory of the requesting Party within 60 days after being
free to do so; or
(c) The requested Party has given its consent to his detention, trial, punishment or
extradition to a third State for an offense other than that for which the extradi
tion was granted.
These stipulations shall not apply to offenses committed after the extradition. - If, in the course of the procedure, the classification of the offense is changed
for which the person requested was extradited, he shall be tried and sentenced on the
condition that the offense, in its new legal form:
(a) Is based on the same group of facts established in the request for extradition and
in the documents presented in its support; and
(b) Is punishable with the same maximum sentence as the crime for which he was
extradited or with a lesser sentence.
Article 18. SUMMARY EXTRADITION
If the person sought informs the competent authorities of the requested Party
that he agrees to be extradited, that Party may grant his extradition without further
proceedings, and shall take all measures permitted under its laws to expedite the
extradition, In such cases article 17 shall not be applicable.
Article 19. SURRENDER OF PROPERTY - To the extent permitted under the law of the requested Party and subject to
the rights or third parties, which shall be duly respected, all articles, instruments, ob
jects of value or documents relating to the offense, whether or not used for its execu
tion, or which in any other manner may be material evidence for the prosecution,
shall be surrendered upon the granting of the extradition even when extradition can
not be effected due to the death, disappearance, or escape of the accused.
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1980_____United Nations — Treaty Series • Nations Unies — Recueil des Traités______195 - The requested Party may condition the surrender of articles upon a satisfac
tory assurance from the requesting Party that the articles will be returned to the re
quested Party as soon as possible.
Article 20. TRANSIT - The right to transport through the territory of one of the Contracting Par
ties a person who is not a national of that Contracting Party surrendered to the other
Contracting Party by a third State shall be granted on presentation made through the
diplomatic channel of a certified copy of the decision on extradition, provided that
reasons of public order are not opposed to the transit. - The authorities of the transit State shall be in charge of the custody of the
extradited person while that person is in its territory. - The Party to which the person has been extradited shall reimburse the State
through whose territory such person is transported for any expenses incurred by the
latter in connection with such transportation.
Article 21. EXPENSES
The requested Party shall bear the expenses of the arrangements referred to in
article 13, with the exception that the expenses incurred for the translation of
documents and, if applicable, for the transportation of the person ordered extradited
shall be paid by the requesting Party.
Article 22. SCOPE OF APPLICATION - This Treaty shall apply to offenses specified in article 2 committed before
and after this Treaty enters into force. - Requests for extradition that are under process on the date of the entry into
force of this Treaty shall be resolved in accordance with the provisions of the Treaty
of 22 February 1899, and the Additional Conventions on Extradition of 25 June
1902, 23 December 1925,’ and 16 August 1939. 2
Article 23. RATIFICATION, ENTRY INTO FORCE, DENUNCIATION - This Treaty shall be subject to ratification; the exchange of instruments of
ratification shall take place in Washington as soon as possible. - This Treaty shall enter into force on the date of exchange of the instruments
of ratification. - On entry into force of this Treaty, the Treaty of Extradition of 22 February
1899 and the Additional Conventions on Extradition of 25 June 1902, 23 December
1925 and 16 August 1939 between the United States of America and the United Mex
ican States shall cease to have effect without prejudice to the provisions of article 22. - Either Contracting Party may terminate this Treaty by giving notice to the
other Party. The termination shall take effect six months after the receipt of such
notice.
1 League of Nations, Treaty Series, vol. LIV, p. 441.
2 Ibid., vol. CCIV, p. 159.
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DONE in two originals, in the English and Spanish languages, both equally
authentic, at Mexico City this fourth day of May, one thousand nine hundred
seventy-eight.
[Signed – Signé] ‘ [Signed – Signé] 2
For the Government For the Government
of the United States of America of the United Mexican States
APPENDIX - Murder or manslaughter; abortion.
- Malicious wounding or injury.
- Abandonment of minors or other dependents when there is danger of injury or death.
- Kidnapping; child stealing; abduction; false imprisonment.
- Rape; statutory rape; indecent assault; corruption of minors, including unlawful sexual
acts with or upon children under the age of consent. - Procuration; promoting or facilitating prostitution.
- Robbery; burglary; larceny.
- Fraud.
- Embezzlement.
- An offense against the laws relating to counterfeiting and forgery.
- Extortion.
- Receiving or transporting any money, valuable securities, or other property knowing the
same to have been unlawfully obtained. - Arson; malicious injury to property.
- Offenses against the laws relating to the traffic in, possession, production, manufacture,
importation or exportation of dangerous drugs and chemicals, including narcotic drugs,
cannabis, psychotropic drugs, opium, cocaine, or their derivatives. - Offenses against the laws relating to the cntrol of poisonous chemicals or substances in
jurious to health. - Piracy.
- Offenses against the safety of means of transportation including any act that would en
danger a person in a means of transportation. - An offense relating to unlawful seizure or exercise of control of trains, aircraft, vessels, or
other means of transportation. - Offenses against the laws relating to prohibited weapons, and the control of firearms, am
munition, explosives, incendiary devices or nuclear materials. - An offense against the laws relating to international trade and transfers of funds or
valuable metals. - An offense against the laws relating to the importation, exportation, or international
transit of goods, articles, or merchandise, including historical or archeological items. - Violations of the customs laws.
- Offenses against the laws relating to the control of companies, banking institutions, or
other corporations.
1 Signed by Cyrus Vance Sign par Cyrus Vance.
2 Signed by S. Roel – Sign par S. Roel.
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1980_____United Nations Treaty Series Nations Unies Recueil des Trait s______197 - Offenses against the laws relating to the sale of securities, including stocks, bonds and in
struments of credit, - Offenses against the laws relating to bankruptcy or rehabilitation of a corporation.
- Offenses against the laws relating to prohibition of monopoly or unfair transactions.
- Offenses against the laws relating to protection of industrial property or copyright.
- Offenses against the laws relating to abuse of official authority.
- Bribery, including soliciting, offering and accepting bribes.
- Perjury; false statements to any governmental authority. Subornation of perjury or false
statements. - Offenses against the laws relating to obstruction of justice, including harboring criminals
and suppressing evidence.
