The Government of the Republic of China and the Government of
the Republic of Marshall Islands, desiring to render more
effective the co-operation between the two countries for the
extradition of persons accused or convicted of certain offences,
Hereby agree as follows:
OBLIGATION TO EXTRADITE
The Contracting Parties undertake to extradite to each other,
subject to the provisions and conditions laid down in this
Treaty, all persons against whom the competent authorities of
the requesting Party are proceeding for an offence referred to
in Article 2 of this Treaty and committed within the territory
of the requesting Party.
(1) Extradition shall be granted in respect of offences which
are offences under the laws of the requesting Party and of
the requested Party and which are under both those laws
punishable by a maximum sentence of imprisonment for a
period of one year or more or by a more severe penalty;
(2) For the purpose of enforcing such sentence, extradition may
be granted irrespective of the period of imprisonment
imposed or the balance of such sentence as long as the
penalty is for an offence covered under paragraph (1) of
(3) If the request for extradition relates to more than one
separate offence the punishment for some of which is less
than that prescribed in paragraph (1) of this Article, the
requested Party may in its discretion grant extradition for
the latter offences also.
The term "territory" referred to in this Treaty shall be
construed to include:
(1) Land territory, territorial waters, and the air space
thereover belonging to or under the control of either of
the Contracting Parties;
(2) Military or public vessels and air-craft belonging to or
registered in either of the Contracting Parties;
(3) Vessels and air-craft belonging to either of the
Contracting Parties or a national or corporation or other
legal entity thereof, and being registered with such
SURRENDER OF NATIONALS
(1) Subject to paragraph (2) of this Article, each Contracting
Party may refuse to surrender its own nationals to the
(2) A Contracting Party shall not refuse to surrender its own
national where the competent courts lack appropriate
jurisdiction over a person whose extradition is sought.
(3) If the person whose extradition is sought has acquired the
nationality of the requested Party by naturalization after
the commission of the offence, the requested Party shall
not refuse such an extradition.
(4) If a person whose extradition is sought possesses a dual
nationality of both Contracting Parties, he shall be deemed
to be a national of the Party in whose territory the
offence was committed.
A person claimed shall not be extradited if the offence for
which his extradition is requested is regarded by the requested
Party as one of a political character, or if he satisfies the
requested Party that the request for his extradition has in fact
been made with a view to trying or punishing him for an offence
of a political character.
LAPSE OF TIME
Extradition shall not be granted when the person claimed has,
according to the laws of both Contracting parties, become immune
by reason of lapse of time from prosecution or punishment for
the offence for which extradition is sought.
NON BIS IN IDEM
(1) Extradition shall not be granted if proceedings for the
same offence are pending before, or final judgment has been
passed by the competent authorities of the requested Party
upon the person claimed in respect of the offence or
offences for which extradition is requested. Extradition
may be refused if the competent authorities of the
requested Party have decided either not to institute or to
terminate proceedings in respect of the same offence or
(2) The requested Party may, after making its decision on the
request for extradition, postpone the surrender of the
person claimed in order that he may be proceeded against by
that Party for an offence other than that for which
extradition is required or, if he has already been
convicted, in order that he may serve his sentence in the
territory of that Party.
(1) A requested Party, upon receiving requests from several
States for the extradition of the same person either for
the same offence, or for different offences, shall make its
decision on the basis of preference, surrendering the
person claimed to the requesting State whose requisition is
based on an extradition treaty.
(2) If all the requesting States have concluded extradition
treaty with the requested Party, the requested Party shall
make its decision having regard to all the circumstances
and especially -
(a) the place where the offence was committed,
(b) the nationality of the person sought, and
(c) the respective dates of the requests.
(3) With respect to the same person for different offences, the
requested Party, in making its decision, shall take into
account the seriousness of the offences, the nationality of
the person sought and the respective dates of the requests.
RULE OF SPECIALITY
Without the consent of the requested Party, the requesting Party
shall not proceed against the person extradited for any offence
other than the offence or offences for which extradition was
requested, nor shall he be extradited by that Party to a third
State provided that this shall not include the case in which the
extradited person has voluntarily chosen to remain for a period
of more than ninety days within the territory of the requesting
Party after the conclusion of the legal proceedings or the full
execution of the penalty imposed.
THE REQUEST AND SUPPORTING DOCUMENTS
(1) The request for extradition shall be in writing and shall
be made through diplomatic channels.
(2) The request shall be supported by -
(a) as accurate a description as possible of the person
claimed, together with any other information which will
help to establish his identity;
(b) if the person claimed is a person accused, the original or
a certified copy of a warrant of arrest or court order
having the same effect and issued in accordance with the
law of the requesting Party and prima facie evidence of
the commission of the offence;
(c) if the person claimed is a person convicted, the original
or certified copy of the record of the conviction and
enforceable sentence and a statement showing how much of
the sentence has not been carried out;
(d) a statement of the offences for which extradition is
requested. The time and place of their commission,
their legal description and a reference to the
relevant legal provisions shall be set out as
accurately as possible.
(3) The request for extradition and the supporting documents
referred to in this Article shall be in English with
translation in the language of the Requested Party.
(1) In case of urgency, the competent authorities of the
requesting Party may, before presenting a request for
extradition, request by telegram or other means for the
provisional arrest of the person sought, provided that such
a request contains the information prescribed in paragraph
(2) of Article 10.
(2) The provisional arrest of the person claimed shall be
terminated upon the expiration of thirty days from the date
his arrest is communicated to the requesting Party if the
request for his extradition shall not have been received,
and the requesting Party shall be barred from making a
request for extradition in respect of the same offence or
HANDING OVER OF PROPERTY
(1) The requested Party shall, in so far as law permits and at
the request of the requesting Party, seize and hand over to
the latter property -
(a) which may be required as evidence at his trial for the
(b) which has been acquired as a result of the offence.
(2) Any rights which the requested Party or third parties may
have acquired in the said property shall remain unaffected.
Where these rights exist, the property shall be returned
without charge to the requested Party as soon as possible
after the trial, unless such rights have been waived.
DECISION UPON RECEIPT
Either Contracting Party, upon receipt of a request for
extradition, shall, based on its own laws, decide whether the
extradition is to be granted or not. If the extradition is
denied, the requesting Party shall not thereafter make a request
for extradition in respect of the same offence or offences.
SURRENDER OF THE PERSON TO BE EXTRADTED
(1) When extradition is granted, the requested Party shall
notify through diplomatic channels the requesting Party of
such approval and the reasons therefore, and ask the latter
to appoint agents to take over within a period of sixty
days the person to be extradited at an appropriate place in
the territory of the requested Party.
(2) If the requesting Party fails to appoint agents to take
over the person to be extradited and escorted on guard the
same out of the territory of the requested Party within the
time limit fixed in the preceding paragraph, the person
whose extradition is sought shall be released. The
requesting Party shall not thereafter request for
extradition of the person in respect of the same offence or
(1) Expenses incurred in the territory of the requested Party
by reason of the arrest, detention and maintenance of the
person claimed shall be borne by the requested Party.
(2) The requested Party shall bear the expenses occasioned by
the conveyance of the person claimed to its frontier or
port of embarkation while expenses occasioned by the
transportation of such person from that frontier or port to
the territory of the requesting Party shall be borne by the
(3) Expenses incurred by reason of transit through the
territory of a Party requested to grant transit shall be
borne by the requesting Party.
SETTLEMENT OF DISPUTES
Any dispute arising out of the interpretation and application of
this Treaty shall be settled by mutual consultation through
diplomatic channels between the two Contracting Parties.
ENTRY INTO FORCE AND TERMINATION
(1) This Treaty shall be ratified and the instruments of
ratification shall be exchanged by both Parties as soon as
(2) This Treaty shall enter into force upon the exchange of the
instruments of ratification. Either of the Contracting
Parties may terminate this present Treaty by giving twelve
months prior notice to the other Party.
IN WITNESS WHEREOF, the undersigned, being duly authorized
thereto by the Contracting Parties, have signed this Treaty.
DONE IN DUPLICATE, in the Chinese and English languages, both
texts being equally authentic at Taipei on this 12th day of the
fourth month of the hundredth year of the Republic of China,
corresponding to the 12th day of the fourth month of the year
two thousand and eleven.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF THE
THE REPUBLIC OF CHINA REPUBLIC OF MARSHALL ISLANDS
HON. TIMOTHY CHIN-TINE YANG HON. JOHN M. SILK
Minister of Foreign Affairs Minister of Foreign Affairs