TO THE SENATE OF THE UNITED STATES:
With a view to receiving advice and consent of the Senate to ratification, I transmit herewith the Agreement between the Government of the United States of America and the Government of the Republic of Croatia comprising the instrument as contemplated by Article 3(2) of the Agreement on Extradition between the United States of America and the European Union, signed June 25, 2003, as to the Application of the Treaty on Extradition signed on October 25, 1901 (the “U.S.-Croatia Extradition Agreement”), and the Agreement between the Government of the United States and the Government of the Republic of Croatia comprising the Instrument as contemplated by Article 3(3) of the Agreement on Mutual Legal Assistance between the United States of America and the European Union signed at Washington on June 25, 2003 (the “U.S.-Croatia Mutual Legal Assistance Agreement”), both signed at Washington on December 10, 2019. I also transmit, for the information of the Senate, the report of the Department of State with respect to the U.S.-Croatia Extradition and Mutual Legal Assistance Agreements. Following Croatia’s accession to the European Union on July 1, 2013, these two agreements fulfill the requirements, in respect of Croatia, for implementing bilateral instruments between the United States and each member of the European Union contained in the Agreements on Extradition and Mutual Legal Assistance between the United States of America and the European Union, both of which entered into force on February 1, 2010.
The U.S.-Croatia Extradition Agreement modernizes in important respects the Treaty between the United States of America and the Kingdom of Serbia for the Extradition of Fugitives from Justice, signed October 25, 1901 (the “1901 Extradition Treaty”), which is currently in force between the United States of America and the Republic of Croatia. Most significantly, it replaces the outdated list of extraditable offenses with the modern “dual criminality” approach, thereby enabling coverage of newer offenses, such as cyber-related crimes, environmental offenses, and money laundering. In addition, it includes several provisions updating and streamlining procedural requirements for preparing and transmitting extradition documents.
The U.S.-Croatia Mutual Legal Assistance Agreement formalizes and strengthens the institutional framework for legal assistance between the United States of America and the Republic of Croatia in criminal matters. Because the United States of America and the Republic of Croatia do not have a bilateral mutual legal assistance treaty in force, the U.S.-Croatia Mutual Legal Assistance Agreement is a partial treaty governing only those issues regulated by the U.S.-European Union Mutual Legal Assistance Agreement, specifically: identification of bank information, joint investigative teams, video-conferencing, expedited transmission of requests, assistance to administrative authorities, use limitations, confidentiality, and grounds for refusal. This approach is consistent with that taken with other European Union member states (Bulgaria, Denmark, Finland, Malta, Portugal, Slovak Republic, and Slovenia) with which the United States does not have an existing mutual legal assistance treaty.
I recommend that the Senate give early and favorable consideration to the U.S.-Croatia Extradition Agreement and the U.S.-Croatia Mutual Legal Assistance Agreement.
DONALD J. TRUMP
THE WHITE HOUSE,
June 18, 2020.
