TNAG-1129-FCO40-1408-Extradition-arrangements-in-the-Dependent-Territories-1982 — Page 8

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DISCUSSIONS WITH STATE DEPARTMENT AND DEPARTMENT OF JUSTICE

(DOJ) 10.000 7 OCTOBER

DRAFT BRIEF FOR SIR IAN SINCLAIR

A

1. The State Department have suggested (Washington telegram

No 2897) discussions on

I

II

Mutual Assistance Treaty for Criminal Matters

Problems over assistance in obtaining evidence from

the Cayman Islands, Hong Kong and Bermuda

III The need to revise the US/UK Extradition Treaty

B

I Mutual Assistance Treaty for Criminal Matters

Background

2. In October 1979 Officials from the State Department and DOJ held discussions in London at their request with Home Office, DPP and FCO officials on the working of the

Extradition Treaty since ratification in 1977. The possibility of a treaty for judicial cooperation on the lines of the US/Swiss Treaty 1973 was also discussed.

A copy of the record is attached (paras 14-17 refer).

3.

At that time the Americans appeared to be concerned mainly with drug offences and international fraud. Our officials explained in particular the difficulties concerning evidence, and said that changes in our law would be required for the UK to enter into any agreement on the lines of the US/Swiss Treaty, and Government and Parliament would need to be persuaded that such arrangements would be to the UK's advantage before legislation could be enacted. We said there were substantial obstacles in the way of such a development, and in particular we explained that

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