The Kingdom of the Netherlands
and
the United Arab Emirates
hereinafter referred to as “the Parties”,
Referring to the international instruments containing provisions on extradition in
force between the Parties;
Desiring to further improve the effectiveness of their co-operation in fighting crime
and, specifically, to facilitate extradition;
Having due regard for their obligations to respect human rights and the rule of law;
Article 1. Obligation to extradite
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1 Each Party agrees to extradite to the other, in accordance with the provisions of
this Agreement, any person within its territory who is sought for the purpose of carrying
out criminal proceedings or executing a final sentence.
Article 2. Extraditable offences
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3 If the request for extradition includes several separate offences each of which is
punishable under the laws of both Parties, but some of which do not fulfil the other
conditions set out in Paragraph 1 of this Article, the Requested Party may grant extradition
for the latter offences provided that the person is to be extradited for at least
one other extraditable offence.
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4 For the purposes of Paragraph 1 of this Article, extradition shall be granted also
if the offence for which it is requested was committed outside of the territory of
the Requesting Party, provided that the laws of the Requested Party allow the prosecution
of an offence of the same nature committed outside of its territory.
Article 3. Grounds for refusal
Article 4. Extradition of nationals
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2 In case of refusal of the extradition, the Requested Party shall, at the request of
the Requesting Party, submit the case to its competent authority for the purpose of
institution of criminal proceedings in accordance with its national law. For this
purpose, the Requesting Party shall provide the Requested Party with documents and
evidence relating to the case. The Requesting Party shall be notified of any action
taken in this respect, upon its request.
Article 5. Central Authorities
Article 6. Request and supporting documents
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1 All requests for extradition shall be made in writing through diplomatic channels.
In urgent circumstances or emergencies, the Central Authority of the Requested Party
may accept the request by facsimile, e-mail or by any other means capable of producing
a written record, in which case it shall be confirmed within sixty (60) days by a
formal request through diplomatic channels.
Article 7. Additional information
If the information provided by the Requesting Party in support of a request for extradition
is not sufficient to enable the Requested Party to reach a decision under this Agreement,
the latter Party may request that the necessary additional information be submitted
within forty-five (45) days. If the additional information is not submitted within
that time, the request may be renounced in accordance with national law.
Article 8. Provisional measures
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2 A request for provisional measures, shall be sent to the Central Authority of the
Requested Party directly, through the International Criminal Police Organization (Interpol)
or by any other means agreed upon by both Parties. The Requested Party shall inform
the Requesting Party without delay of the action taken on the request.
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4 Provisional arrest may be terminated if, within a period of sixty (60) days following
the arrest, the Requested Party has not received the request for the extradition and
the supporting documents, referred to in Article 6 of this Agreement, and the person sought is still detained under the provisional
arrest warrant. Other provisional measures may be terminated in accordance with national
law.
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5 Termination of provisional arrest at the end of the time limit, referred to in Paragraph
4 of this Article, shall not prevent subsequent arrest and extradition if the request
for extradition and the supporting documents, referred to in Article 6 of this Agreement, are subsequently received.
Article 9. Concurrent requests
If extradition is requested concurrently by more than one party, for the same person,
either for the same offence or for different offences, the Requested Party shall make
its decision to which party, if any, it will extradite the person, having regard to
all circumstances, including the relative seriousness and place of commission of the
offence(s), the respective dates of the requests, the dates on which the requests
were received, the dates the offences were committed and whether the person is accused
or convicted.
Article 10. Decision and surrender
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5 If, within the time limit indicated in Paragraph 4 of this Article, the Requesting
Party does not take over the person to be extradited, the Requested Party may immediately
release him from custody and may refuse a new request for extradition made by the
Requesting Party for that person for the same offence.
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6 The time spent in custody by the extradited person, even under house-arrest, between
the date of arrest and the date of surrender, shall be counted by the Requesting Party
for the purpose of the sentence to be served in the cases provided for in Article 2, Paragraph 1, of this Agreement.
Article 11. Postponed and temporary surrender
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1 If the person sought is being prosecuted or is serving a sentence in the Requested
Party for an offence other than that for which extradition is requested, the Requested
Party may, after having decided to grant extradition, postpone the surrender until
the conclusion of the criminal proceedings or the completion of the sentence. The
Requested Party shall inform the Requesting Party of such postponement.
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2 However, upon request of the Requesting Party, the Requested Party may, in compliance
with its national law, temporarily surrender the person sought to the Requesting Party
in order to enable it to carry out of the ongoing criminal proceedings, agreeing together
upon the time and modalities of such temporary surrender. The person so surrendered
shall be kept in detention while staying in the territory of the Requesting Party
and shall be returned to the Requested Party within the agreed time. The time spent
in detention shall be calculated for the purposes of the sentence to be served in
the Requested Party.
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3 In addition to the case provided for in Paragraph 1 of this Article, surrender may
be postponed when the transfer, due to the health condition of the person sought,
may endanger his or her life.
Article 12. Seizure and surrender of property
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1 Upon request of the Requesting Party, the Requested Party shall, within the authority
of its national law and without prejudice to the rights of others, seize the materials
stated below and deliver the same to the Requesting Party at the time of surrender
of the person or immediately thereafter:
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a) items used in the commission of the offence or which constitute evidence of the offence;
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b) items obtained during the commission of the offence if they are in the possession
of the person sought at the time of the arrest.
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2 The surrender of any of the items indicated in Paragraph 1 of this Article shall be
made even when extradition, although already granted, cannot be effected due to the
death, disappearance or escape of the person sought.
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3 If the seized materials, referred to in Paragraph 1 of this Article, are required
for an investigation or prosecution of an offence in the Requested Party, then the
delivery of those materials may be delayed, or they may be delivered on condition
that they shall be returned after the conclusion of the proceedings in the Requesting
Party.
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4 Where the law of the Requested Party or the protection of the rights of third parties
so requires, any property so surrendered shall be returned to the Requested Party
free of charge after the completion of the proceedings, if that Party so requests.
Article 13. Rule of speciality
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1 The person extradited in compliance with this Agreement shall not be prosecuted, tried,
detained for the purpose of executing a sentence in the Requesting Party, nor subjected
to any other measure restricting personal liberty, for any offence committed before
being surrendered and different from the one for which extradition is granted, unless:
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a) the person extradited, after having left the territory of the Requesting Party, voluntarily
returns to it;
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b) the person extradited does not leave the territory of the Requesting Party within
forty-five (45) days after having had the opportunity to do so. However, such period
of time shall not include the time during which said person fails to leave the Requesting
Party for reasons beyond his or her control;
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c) the Requested Party consents thereto; in this case, the Requested Party upon specific
request by the Requesting Party, may agree to prosecute the person extradited or execute
a sentence against him or her for an offence different from that for which the request
for extradition has been made, in compliance with the conditions and restrictions
set by this Agreement. In this respect, the Requested Party may ask the Requesting
Party to transmit the documents and information indicated in Article 6, Paragraph 3, of this Agreement.
Article 14. Re-extradition to a third party
Except in the cases provided in Article 13, Paragraph 1, subparagraphs a) and b) of this Agreement, the Requesting Party cannot surrender
to a third party, without the consent of the Requested Party, the person that has
been surrendered to it and is requested by the third Party for offences committed
before such surrender. The Requested Party may ask for the submission of the documents
and information indicated in Article 6 of this Agreement.
Article 15. Simplified extradition procedure
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1 When the person whose extradition is requested declares to agree to it, extradition
may be granted on the sole basis of the request for provisional arrest without it
being necessary to submit the documents indicated in Article 6 of this Agreement. However, the Requested Party may request any further information
it deems necessary to grant the extradition.
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2 The declaration of consent by the person sought shall be valid if made before a competent
authority of the Requested Party, who has the obligation to inform the person sought
of the right to avail itself of a formal extradition procedure, of the right to avail
itself of the protection conferred by the principle of speciality and of the irrevocability
of such declaration. The person sought may be assisted by defence counsel, in accordance
with national law of the Requested Party.
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2 The Party requesting the transit shall submit to the State of transit, through the
Central Authorities, or in particularly urgent cases through the International Criminal
Police Organization (Interpol), a request containing the personal details of the person
in transit and a concise statement of facts of the case. The request for transit shall
be accompanied by a copy of the document grant the extradition.
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4 No authorisation for transit shall be required when air transportation is used and
no landing is scheduled on the territory of the State of transit. If an unscheduled
landing occurs in the territory of the aforementioned State, the Party requesting
transit shall immediately inform the State of transit and the latter shall hold the
person to be transported for a maximum of 48 hours awaiting to receive the request
for transit provided for in Paragraph 2 of this Article.
Article 17. Confidentiality
The Parties agree to keep all documents and information used in the extradition procedure
confidential, except to the extent necessary to execute the request.
Article 18. Data protection
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2 The Parties shall ensure that the data transferred from one Party to another shall
be used only for the purpose of executing a request, pursuant to this Agreement. No
data shall be used for any other purpose, or transferred to any third country without
prior approval of the Party which transferred the data.
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3 The Parties shall ensure the accuracy of personal data transferred pursuant to this
Agreement and they shall ensure that appropriate measures shall be taken in order
to protect the transmitted data against accidental or unauthorised destruction or
accidental loss as well as against unauthorised access, alteration or dissemination.
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4 The Parties shall consult each other on the desired time limits for storage, the necessity
of any prolonged storage needed, as well as the need to rectify inaccurate, incomplete
or unreliable data or the desire or need to erase data or to restrict the use of data.
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5 To the extent regulated by the national law of the Parties, the data subject may be
provided with information on the categories of data transferred and the purpose of
the data transfer. The Party concerned may not inform the data subject if this is
necessary to avoid obstructing official or legal enquiries, criminal or administrative
investigations, prosecutions or the execution of criminal penalties, to protect public
security, to protect national security, or to protect the rights and freedoms of others.
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6 Parties shall consult each other if a judicial competent authority, pursuant to national
law, makes any determination on the admissibility of the transfer of any data from
one Party to another, pursuant to this Agreement.
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1 The Requested Party shall bear the expenses incurred in its territory in arresting
the person sought and maintaining said person in custody until the surrender to the
Requesting Party, as well as the expenses associated with the seizure and keeping
of the items referred to in Article 12 of this Agreement.
Article 20. Compatibility with other agreements
This Agreement shall not affect any existing obligations of the Parties in other agreements,
nor prevent the Parties from providing assistance to each other pursuant to other
agreements or arrangements.
Article 21. Territorial application
With regard to the Kingdom of the Netherlands, this Agreement shall apply to the European
part of the Netherlands, the Caribbean part of the Netherlands (the islands of Bonaire,
Sint Eustatius and Saba), Aruba, Curaçao and Sint Maarten, unless the notification
referred to in Article 23 of this Agreement provides otherwise. In the latter case, the Kingdom of the Netherlands
may extend the application of this Agreement at any time to one or more of its constituent
parts by notification to the United Arab Emirates through diplomatic channels.
Article 22. Consultations
The Parties shall convene whenever they deem it necessary, in order to discuss the
application of this Agreement and they may also convene meetings with the competent
authorities of the Parties with a view to facilitate the application of this Agreement,
in particular with respect to such issues as training, the preparation and use of
standard formats, the preparation and execution of specific types of requests or of
specific individual requests.
Article 23. Entry into force, amendment and termination
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1 This Agreement shall enter into force on the first day of the first month after the
date of receipt of the final notification in which the Parties inform each other,
through diplomatic channels, that they have fulfilled the requirements of their national
legislation.
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3 Either Party may terminate this Agreement by notice in writing through diplomatic
channels at any time. Termination shall take effect six (6) months after the date
on which the notice is given. However, proceedings already commenced before the notice
of termination shall continue to be governed by this Agreement until fully concluded.