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USA - THAI PRISONER TRANSFER TREATY

TREATY WITH THE KINGDOM OF THAILAND ON COOPERATION IN THE EXECUTION OF PENAL SENTENCES
TREATY DOC. No. 98-8
1982 U.S.T. LEXIS 226
October 29, 1982, Date-Signed


STATUS: [*1]  PENDING: September 21, 1983. Treaty was read the first time,
 and together with the accompanying papers, referred to the Committee on Foreign
 Relations and ordered to be printed for the use of the Senate

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES
TRANSMITTING A TREATY ON COOPERATION IN THE EXECUTION OF PENAL SENTENCES BETWEEN 
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE KINGDOM
 OF THAILAND, SIGNED AT BANGKOK ON OCTOBER 29, 1982

TEXT:
98th Congress
1st Session
SENATE
LETTER OF TRANSMITTAL
THE WHITE HOUSE, September 21, 1983.
 
To the Senate of the United States:
With a view to receiving the advice and consent of the Senate to ratification, 
I transmit herewith the Treaty Between the United States of America and the 
Kingdom of Thailand on Cooperation in the Execution of Penal Sentences, 
which was signed at Bangkok on October 29, 1982.
I transmit also, for the information of the Senate, the report of the 
Department of State with respect to the Treaty.
The Treaty would permit citizens of either nation who had been convicted in the 
courts of the other country to serve their sentences in their home country;
in each case the consent of the offender [*2]  as well as the approval of the 
authorities of the two Governments would be required.
This Treaty is significant because it represents an attempt to resolve a situation 
which has inflicted substantial hardships on a number of citizens of each country
and has caused concern to both Governments. 

The Treaty is similar to those currently in force with Bolivia, Canada, Mexico,
Panama, Peru and Turkey. I recommend that the Senate give favorable consideration
to this Treaty at an early date.
RONALD REAGAN.
LETTER OF SUBMITTAL
DEPARTMENT OF STATE,
Washington, September 15, 1983.

The PRESIDENT,
The White House.
THE PRESIDENT: I have the honor to submit a Treaty Between the United States of 
America and the Kingdom of Thailand on Cooperation in the Execution of Penal Sentences
which was signed at Bangkok on October 29, 1982. I recommend that the Treaty be 
transmitted to the Senate for its advice and consent to ratification.
The Treaty is similar to those currently in force with Bolivia, Canada, Mexico, Panama,
 Peru and Turkey. It would permit citizens of either nation who had been convicted 
in the courts of the other country to serve their sentences in their home country; 
in each [*3]  case the consent of the offender as well as the approval of the 
authorities of the two Governments would be required.

The Treaty is intended to relieve the special hardships on prisoners incarcerated 
far from home, to improve the prospects for rehabilitation of offenders, and also 
to relieve the strains that can arise in diplomatic and law enforcement relations 
etween the two countries because of the imprisonment of a number of each country's 
nationals in the institutions of the other. It constitutes part of an ongoing effort 
to improve relations between the two countries.

The basic terms of the Treaty are as follows: The Treaty generally applies to 
a prisoner who has been convicted and sentenced for an offense punishable as a crime 
in both the sentencing country and the country to which the offender is to be
 transferred provided that the prisoner is a national of the latter country, 
the sentence is final, no appeal is pending, and the provisions of the sentence,
 other than the period of detention, have been complied with. However, certain 
categories of prisoners are excluded from transfer under the Treaty. 

These include offenders:
(1) who have committed an offense against the internal [*4] or external security of
    the State; against the head of State of the Transferring State or a member of his
    family; or against legislation protecting national art treasures, 
(2) who have less than one year of their sentence remaining to be served at the time
    of application for transfer, 
(3) who face further legal proceedings in the Transfering State, or 
(4) who have not served any minimum period stipulated by the law of the 
    Transferring State.

The fourth exclusion, which appears in Article II, paragraph 6, was included at the 
insistence of the Thais. It particularizes the more general provision in our other 
treaties that transfer is contingent upon the consent of both the state which sentenced
the prisoner (the Transferring State) and the state which is to receive and confine
him (the Receiving State). During the negotiations, the Thai negotiators informed 
us that they planned to include in their implementing legislation a provision that
would require a foreign prisoner incarcerated in Thailand to have served one-third
of his sentence, or four years, whichever is less, prior to transfer.

When a prisoner has been transferred the following procedures govern his treatment: 
The original [*5]  sentence carries over to his new confinement, preserving 
deductions for good behavior in prison and during pre-trial confinement. 

The Transferring State retains the power to grant pardon or amnesty.
With these exceptions, the execution of the sentence is to be carried out according 
to the rules and practices prevailing in the state to which he is transferred 
(Article V). In particular, the rules of the Receiving State as to parole will
determine the date on which the prisoner is released from confinement. 
Any collateral attack on the sentence must proceed through the courts of the country
which imposed the sentence. (Article IV).

The Treaty may be implemented under Public Law 94-144; no new legislation will be proposed.
Respectfully submitted,
GEORGE P. SHULTZ.
 

TREATY ON COOPERATION IN THE EXECUTION OF PENAL SENTENCES BETWEEN THE GOVERNMENT
OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE KINGDOM OF THAILAND

The Government of the United States of America and the Government of the Kingdom of 
Thailand, Taking into consideration the laws and regulations in force regarding law
enforcement of the Parties and the desirability of enhancing their cooperative efforts
in law enforcement [*6]  and the administration of justice; and Desiring to cooperate
in the execution of penal sentences by enabling offenders to serve sentences of 
imprisonment, confinement or other forms of deprivation of liberty in the country 
of which they are nationals, thereby facilitating their successful reintegration into 
society; Have agreed as follows:

ARTICLE I--DEFINITIONS
For the purposes of this Treaty:
1. "Transferring State" means the Party from which the offender is to be transferred;
2. "Receiving State" means the Party to which the offender is to be transferred;
3. "Offender' means a convicted person who, in the territory of either Party, has been
   convicted of a crime and sentenced either to a term of imprisonment, confinement or
   other form of deprivation of liberty, or to conditional release, probation or other
   form of supervision without confinement. The term shall include a person subject to
   confinement, custody or supervision under the law of the Transferring State 
   respecting juvenile offenders.

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 [*7] 
   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 [*8]  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 [*9]  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  [*10]  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 [*11]  of liberty, probation and 
   parole, and those providing for the reduction of the term of imprisonment, 
   confinement or other deprivation of liberty 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--IMPLEMENTING 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--FINAL 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 SAVETSILA, Air Chief Marshal, Minister of Foreign Affairs of Thailand.

For further information call :  Andrew Shaw ; USA State Department  
                                Thailand Desk Officer ; 202-647-0036

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