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March 31, 1990

The Republic of the Philippines and the Federated States of Micronesia

DESIRING to provide for more effective co-operation between the two States in the repression of crime and to facilitate the relations between the two States in the area of extradition,

HAVE AGREED as follows:

ARTICLE I
  OBLIGATION TO EXTRADITE

Each Contracting State agrees to extradite to the other, in accordance with the provisions of this Treaty, persons who are wanted for prosecution or the imposition or enforcement of a sentence in the Requesting State for an extraditable offense.

ARTICLE 2
  EXTRADITABLE OFFENSES

1. For the purposes of this Treaty, extraditable offenses are offenses which are punishable under the laws of both Contracting States by imprisonment for a period of at least one (1) year, or by a more severe penalty. Where the request for extradition relates to a person convicted of such an offense who is wanted for the enforcement of a sentence of imprisonment, extradition shall be granted only if a period of at least six (6) months imprisonment remains to be served.

2. For the purpose of this Article:

a) An offense shall be an extraditable offense whether or not the laws of the Contracting States place the offense within the same category or denominate the offense by different terminology;

b) The totality of the acts or omissions alleged against the person whose extradition is requested shall be taken into account in determining the constituent elements of the offense.

3. If the offense for which extradition is requested has been committed outside the territory of the Requesting State, extradition shall be granted, subject to the provisions of this Treaty, if the person whose extradition is requested is a national of the Requesting State. If the person whose extradition is requested in respect of such an offense is not a national of the Requesting State the Requested State may, in its discretion, grant extradition.

4. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offense in relation to which extradition is requested was committed, provided that:

a) it was an offense in the Requesting State at the time of the acts or omissions constituting the offense; and

b) the acts or omissions alleged would, if they had taken place in the territory of the Requested State at the time of the making of the request for extradition f have constituted an offense against the laws in force in that State.

ARTICLE 3
  TERRITORIAL APPLICATION

A reference in this Treaty to the territory of a Contracting State is a reference to all the territory of that Contracting State.

ARTICLE 4
EXCEPTIONS TO EXTRADITION

1. Extradition shall not be granted in any of the following circumstances:

a) If the offense for which extradition is requested is regarded by the Requested State as a political offense. If any question arises as to whether a case is a political offense, the decision of the Requested State shall be final. The taking or attempted taking of the life of any Head of the State or Head of Government, or a member of his or her family shall be deemed not to be a political offense;

b) If there are substantial grounds for believing that a request for extradition for an ordinary criminal offense has been made for the purpose of prosecuting or, punishing a person on account of that person's race, religion, nationality or political belief or that person's position may be prejudiced for any of those reasons;

c) If the offense for which extradition is requested constitutes an offense against military law which is not an offense under ordinary criminal law;

d) If final judgment has been rendered in the Requested State or in a Third State in respect of the offense for which the person's extradition is requested; and

e) If the person whose extradition is requested cannot, according to the laws of either Contracting State, be prosecuted or punished by reason of lapse of time

ARTICLE 5
  THE REQUEST AND SUPPORTING DOCUMENTS

1. A request for extradition shall be made in writing and shall be communicated through diplomatic channel. All documents submitted in support of a request for extradition shall be authenticated in accordance with Article 6.

2. The request for extradition shall be accompanied:

a. if a person is accused of an offense - by a warrant for the arrest or a copy of the warrant for the arrest of the person, a statement of each offense for which extradition is requested and a description of the acts or ommissions which are alleged against the person in respect of each offense;

b. If a person has been convicted in that person's absence of an offense - by a judicial or other document, or a copy thereof, authorising the apprehension of the person, a statement of each offense for which extradition is requested and a description of the acts or omissions which, are alleged against the person in respect of each offense;

c. If the person has been convicted of an offense otherwise than in that person's absence - by a statement of each offense for which extradition is requested and a description of the acts or omissions which are alleged against the person in respect of each offense, and by documents evidencing the conviction and penalty imposed, the fact that the sentence is immediately enforceable, and the extent to which the penalty has not been carried out;

d. in all cases - by a statement of the relevant law creating the offense, including any provision relating to the limitation of proceedings and a statement of the penalty that can be imposed for the offense; and

e. in all cases- by a description which is as accurate as possible of the person sought together with any other information which may help to establish the person's identity and nationality

3. Extradition may be granted of a person pursuant to the provisions of this Treaty notwithstanding that the requirements of paragraphs 1 and 2 of this Article have not been complied with provided that the person sought consents to being extradited.

4. All documents submitted by the Contracting States in support of the request for extradition shall be in, or shall be translated into English.

ARTICLE 6
AUTHENTICATION OF SUPPORTING DOCUMENTS

Documents shall be admitted in extradition proceedings if duly authenticated. A document is duly authenticated for the purpose of this Treaty if it purports to be:

a. Signed or certified by a Judge, Magistrate or other officer in or of the Requesting State; and

b. Verified by oath or affirmation or sealed with an official or public seal of the Requesting State or of a Minister of State, or of a Department or officer of the Government, of the Requesting State; and

c. Certified by a diplomatic or consular officer of the Requested State accredited to the Requesting State.

ARTICLE 7
ADDITIONAL INFORMATION

1. If the Requested State considers that the documentation furnished in support of a request for extradition is not sufficient in accordance with this Treaty and the laws of the Requested State to enable extradition to be granted, that State may request that additional information be furnished within such time as it specifies.

2. If the person whose extradition is requested is under arrest in relation to extradition and the additional information furnished is not sufficient in accordance with this Treaty and the laws of the Requested State or is not received within the time specified, the person may be released from custody. Such release shall not prejudice re-arrest and extradition if a request for extradition is received subsequently.

3. Where the person is released from custody in accordance with paragraph 2 of this Article, the Requested State shall notify the Requesting State as soon as practicable.

ARTICLE 8
  PROVISIONAL ARREST

1. In case of urgency, a Contracting State may apply by means of the facilities of the International Criminal Police Organization (INTERPOL) or by other means for the provisional arrest of the person sought. The application may be transmitted by post or telegraph or by any other means affording a record in writing, coursed through diplomatic channel.

2. The application for provisional arrest shall contain a description of the person sought, a statement that extradition is to be requested through diplomatic channel, a statement of the existence of one of the documents mentioned in paragraph 2 of Article 5 authorizing the apprehension of the person, a short description of the acts or omissions alleged to constitute the offense, and a statement of the penalty that can be, or has been imposed for the offense.

3. On receipt of an application for provisional arrest the Requested State shall, subject to its laws, take necessary steps to secure the arrest of the person sought to and the Requesting State shall be promptly notified of the result of its request.

4. A person arrested upon application for provisional arrest may be set at liberty upon the expiration of twenty (20) days from the date of that person's arrest if a request for extradition has not been received.

ARTICLE 9
  CONFLICTING REQUESTS

1. Where requests are received from two or more States if for the extradition of the same person, the Requested State shall determine to which of those States the person is to be extradited and shall notify the Requesting States of its decision.

2. In determining to which State a person is to be extradited, the Requested State shall consider all relevant circumstances and, in particular; the relative seriousness of the offenses if the requests relate to different offenses, the time and place of commission of each offense, the respective dates of the requests, the nationality of the person, the habitual place of residence of the person, and the possibility of re-extradition to a Third State.

ARTICLE 10
SURRENDER

1. The Requested State shall, as soon as a decision on the request for extradition has been made, communicate that decision to the Requesting State through diplomatic channel.

2. Where extradition is granted, the Requested State shall inform the Requesting State of the length of time for which the person to be extradited was detained with a view to extradition.

3. Where extradition is granted, the Requested State shall surrender the person to be extradited at a time and place in its territory agreed upon by both Contracting States.

4. The Requesting State shall remove the person to be extradited from the Requested State within such reasonable period as the Requested State specifies and, if the person is not removed within the period, the Requested State may refuse to extradite that person for the same offense.

5. If circumstances beyond its control prevent a Contracting State from surrendering or removing the person to be extradited it shall notify the other Contracting State. The two Contracting States shall mutually decide upon a new date of surrender, and the provisions of paragraph 4 of this Article shall apply.

ARTICLE 11
  POSTPONED OR TEMPORARY SURRENDER

1. The Requested State may postpone the surrender of the person to be extradited in order that he may be proceeded against by that State or if he has already been convicted, in order that he may serve his sentence in the territory of that State for an offense other than that for which extradition is requested.

2. To the extent permitted by its law, the Requested State may temporarily surrender the person to be extradited the Requesting State in accordance with conditions to be determined between the Contracting States.

ARTICLE 12
  SURRENDER OF PROPERTY

1. To the extent permitted under the laws of the Requested State .and subject to the rights of third parties, which shall be duly respected, all property found in the Requested State that has been acquired as a result of the offense or may be required as evidence shall, if the Requesting State so requests, be surrendered if extradition is granted.

2. The property mentioned in paragraph 1 of this Article and subject to the limitations found therein shall, if the Requesting State so requests, be surrendered to the Requesting State even if the extradition having been consented to cannot be carried out.

3. Where the laws of the Requested State or the rights of third parties so require, any property so surrendered shall be returned to the Requested State without charge if that State so requests.

ARTICLE 13
  RULE OF SPECIALITY

1. Subject to paragraph 3 of this Article, a person extradited under this Treaty shall not be detained or tried, or be subject to any other restriction of personal liberty, in the Requesting State for any offense committed before the surrender other than

a) an offense for which extradition was granted; or

b) any other extraditable offense in respect of which the Requested State consents.

2. A request for the consent of the Requested State under this Article shall be accompanied by the documents mentioned in Article 5 as well as a legal record of any statement made by the extradited person in respect of the offense concerned.

3. Paragraph 1 of this Article does not apply if the person extradited has had an opportunity to leave the Requesting State and has not done so within 4 5 days after final discharge in respect of the offense for which that person was extradited or if the person has returned to the Requesting State after having left it.

ARTICLE 14
  RE - EXTRADITION TO A THIRD STATE

1. Where a person has been surrendered to the Requesting State that State shall not extradite the person to any Third State for an offense committed before that person's surrender unless:

a) the Requested State consents to that extradition; or

b) the person has had an opportunity to leave the Requesting State and has not done so within forty-five (45) days after final discharge in respect of the offense for which that person was surrendered by the Requested State or has returned to the Requesting State after having left it.

2. The Requested State may request the production of the documents mentioned in Article 5 prior to giving its consent pursuant to sub-paragraph 1 (a) of this Article.

ARTICLE 15
TRANSIT

1. Where a person is to be extradited to a Contracting State from a third state through the territory of the other Contracting State the Contracting State to which the person is to be extradited shall request the other Contracting State to permit the transit of that person through its territory.

2. Upon receipt of such request the Requested Contracting State shall grant the request unless there are reasonable grounds for refusing to do so.

3. Permission for the transit of a person shall subject to the laws, of the Requested Contracting State, include permission for the person to be held in custody during transit.

4. Where a person is being, held in custody pursuant to paragraph 3 of this Article, the Contracting State in whose territory the person is being held may direct that the person be released if that person's transportation is not continued within a reasonable time.

5. The Contracting State to which the person is being extradited shall reimburse the other Contracting State for any expense incurred by that other Contracting State in connection with the transit.

ARTICLE 16
  REPRESENTATION AND EXPENSES

1. The Requested State shall make all necessary arrangements for and meet the cost of any proceedings arising out of a request for extradition and shall otherwise represent the interest of the Requesting State.

2. The Requested State shall bear the expenses incurred in its territory in the arrest and detention of the person whose extradition is requested until the person is surrendered to a person nominated by the Requesting State.

3. The Requesting State shall bear the expenses after the surrender and in conveying the person from the territory of the Requested State.

ARTICLE 17
  OTHER OBLIGATIONS

This Treaty shall not affect any obligation which the Contracting States may have undertaken or may undertake under any multilateral convention, to which they are both party.

ARTICLE 18
  SETTLEMENT OF DISPUTES

Any dispute between the Contracting States arising out of the interpretation or implementation of this Treaty shall be settled by consultations or negotiations.

ARTICLE 19
ENTRY INTO FORCE AND TERMINATION

1. This Treaty shall enter into force one hundred eighty (180) days after the date on which the Contracting States have notified each other in writing that their respective requirements for the entry into force of this Treaty have been complied with.

2. Either Contracting State may terminate this Treaty by notice in writing at any time and it shall cease to be in force on the one hundred and eightieth day after the day on which notice is given.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

DONE at __Pohnpei, Federated States of Micronesia__ on the 31th day of __March 1990__ in English.