New York, NY 10007 From: Sent: Tuesday, December 8, 2020 6:46 AM To: I Cc: (CRM) (USANYS) Subject: RE: SDNY case C I am adding Weiner from my office's litigation section, who is to assisting with organizing OIA's response. Here is an update from my end: • I've reached out to the State Department to get their assistance. I believe they have materials, including travaux preparatoires from the treaty that will shed light on France's consistent position that they do not extradition their nationals; • I've located two cases in which OIA requested the extradition of French nationals, and this was refused. There would be more, but since we know they don't extradite French persons, we normally don't even ask. I detail below the documents I have related to these cases. I was thinking that it might make sense to get these documents into translation, so we have them available as exhibits to your response, in case you want to go that direction? o One is the Hans Peterson case, which saw some press in 2008 (ktps://www.durbin.senate.govinewsroom/press-releasesidurbin-schakowsky-emanuel-urge-french- justice-minister-to-ensure-justice-is-done-during-hans-peterson-retrial• https://www.nbcnews.com/id/wbna23601S83• https://www.chicagomag.com/Chicago- Magazine/December-2007/Bloodlines/index.php?cparticle=9&siarticle=8&requiressl=true). I have permission from Mal to provide the attached letter denying the extradition on grounds of nationality, so long as we redact Pll (including the name of the French officials involved, and the name of the defendant if possible). There is a more detailed letter from the French Minister of Foreign Affairs in the same case, which came after lobbying from the Embassy and the Durbin letter rejecting all of our arguments and reiterating France's inability to extradite its nationals. I do not yet have approval to include that. o The other is a PA request TCHIKAYA) we submitted in 2018 that was rejected because the fugitive was French (we can include with same restrictions regarding redaction). • I am also attaching the June 2006 agreement between the EU and Iceland and Norway on the surrender procedure procedures between the EU and those countries, which entered into effect in November 2019. In case there was any doubt about whether France extradites its nationals, its statement at p. 29 makes clear that they do not. • The Senate Report on the US-France extradition treaty (see page 82 of the PDF) includes a statement that the French delegation made clear that they will not extradite their nationals absent a change of law. France's code of criminal procedure (which is cited in the Tchikaya letter, CPP 696-2), but also CPP 696-4, underlies the refusal to extradite a French person from France. FYI, before we rely on this in your opposition I'd want to check with State to make sure that this is the best report to reference. • Finally, I spoke to the head of MOJ's Central Authority this morning and he said he sees no problem providing us a letter stating that France does not extradite its nationals. He did not think it would be feasible to make a pronouncement on this defendant in particular, but was comfortable making a general statement. He agreed that there is no extradition waiver procedure in France (although someone can, of course, voluntarily return out of custody) and certainly no advance waiver. I have asked that any such letter refute any suggestion to the country... but we'll need to see specifically what the argument is. It's not impossible that one of his bosses would take a different position, but this is a good sign that we can get something from them on this. EFTA00086946