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TREATY BETWEEN THE KINGDOM OF BELGIUM, THE GRAND DUCHY
 OF LUXEMBOURG AND THE KINGDOM OF THE NETHERLANDS
 CONCERNING EXTRADITION AND MUTUAL ASSISTANCE IN
 CRIMINAL MATTERS.





 SIGNED AT BRUSSELS, ON 27 JUNE 1962

 Came into force on 11 December 1967, two months after the deposit of the last instrument of
 ratification, in accordance with article 49 (2). The instruments of ratification were deposited with the
 Belgian Government on the following dates :

 Belgium . . . . . . . . . . . . . . . . . . . . . . 30 July 1964

 Luxembourg . . . . . . . . . . . . . . . . . . 23 August 1965

 Netherlands . . . . . . . . . . . . . . . . . . . 11 October 1967
 
 

 His Majesty the King of the Belgians,

 Her Royal Highness the Grand Duchess of Luxembourg,

 Her Majesty the Queen of the Netherlands,

 Considering that, by reason of the close ties uniting their countries and particularly in consequence of
 the abolition of the examination of persons at the internal frontiers, it is necessary to extend the
 extradition of offenders to a larger number of offences, to simplify the formalities connected therewith
 and to permit mutual assistance in criminal matters to a greater extent than is provided for in the
 existing treaties;

 Guided by the principles contained in the European Conventions on extradition and on mutual
 assistance in criminal matters;

 Have decided to conclude a Treaty between the Kingdom of Belgium, the Grand Duchy of Luxembourg
 and the Kingdom of the Netherlands to regulate the extradition of offenders and mutual assistance in
 criminal matters and have appointed as Plenipotentiaries :

 His Majesty the King of the Belgians

 His Excellency Mr. H. Fayat, Deputy Minister for Foreign Affairs;

 Her Royal Highness the Grand Duchess of Luxembourg:

 His Excellency Mr. N. Hommel, Ambassador Extraordinary and Plenipotentiary at Brussels;

 Her Majesty the Queen of the Netherlands

 His Excellency Jonkheer E. Teixeira de Mattos, Ambassador Extra-ordinary and Plenipotentiary at
 Brussels;

 Who, having exchanged their full powers, found in good and due form, have agreed as follows:
 
 

 CHAPTER I
 EXTRADITION

  Article I
 OBLIGATION TO EXTRADITE

 The High Contracting Parties undertake to surrender to each other, subject to the provisions and
 conditions laid down in the following articles, all persons against whom the competent authorities of
 the requesting Party are proceeding for an offence or who are .wanted by the said authorities for the
 carrying out of a sentence or detention order.

 Article 2
 EXTRADITABLE OFFENCES

   1.Extradition shall be granted in respect of offences punishable under the laws of the requesting
      Party and of the requested Party by deprivation of liberty or under a detention order for a
      maximum period of at least six months or by a more severe sentence or order. Where a
      sentence or detention order has been imposed in the territory of the requesting Party, such
      sentence or order must have been for a period of at least three months.

   2.If the request for extradition includes several separate offences each of which is punishable
      under the laws of the requesting Party and the requested Party by deprivation of liberty or
      under a detention order, but of which some do not fulfil the condition with regard to the amount
      of punishment which may be awarded, the requested Party shall also have the right to grant
      extradition for the latter offences.

  Article 3
 POLITICAL OFFENCES

   1.Extradition shall not be granted if the offence in respect of which it is requested is regarded by
      the requested Party as a political offence or as an offence connected with a political offence.

   2.The following shall not be deemed to be political offences for the purposes of this Treaty :

         a.The taking or attempted taking of the life or liberty of a Head of State or a member of the
           reigning House;

        b.Desertion.

   3.This article shall not affect any obligations which the High Contracting Parties may have
      undertaken or may undertake under any other international convention of a multilateral
      character.

 Article 4
 FISCAL OFFENCES

 Extradition shall be granted, in accordance with the provisions of this Treaty, for offences in connexion
 with taxes, duties, customs, exchange, import, export and transit, only if the Governments of the High
 Contracting Parties have so decided in respect of any such offence or category of offences.

 Article 5
 EXTRADITION OF NATIONALS

   1.The High Contracting Parties shall not extradite their nationals.

   2.Nationality shall be determined as at the time of surrender.
 

 Article 6
 PLACE OF COMMISSION

   1.The requested Party may refuse to extradite a person claimed for an offence which is regarded
      by its law as having been committed in whole or in part in its territory or in a place treated as its
      territory.

   2.When the offence for which extradition is requested has been committed outside the territory of
      the requesting Party, extradition may only be refused if the law of the requested Party does not
      allow prosecution for the same category of offence when committed outside the latter Party's
      territory.

 Article 7
 PENDING PROCEEDINGS FOR THE SAME OFFENCES

 A requested Party may refuse to extradite the person claimed if the competent authorities of such
 Party are proceeding against him in respect of the offences for which extradition is requested.

 Article 8
 "NON BIS IN IDEM"

 Extradition shall not be granted if final judgement has been passed by the competent authorities of
 the requested Party upon the person claimed in respect of the 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 offences.

 Article 9
 LAPSE OF TIME

 Extradition shall not be granted when the person claimed has, according to the law of the requested
 Party, become immune by reason of lapse of time from public prosecution or punishment at the time
 when he is to be surrendered.

 Article 10
 CAPITAL PUNISHMENT

 If the offence for which extradition is requested is punishable by death under the law of the
 requesting Party, and if the death penalty is not applicable to such offence under the law or according
 to the practice of the requested Party, the latter Party may grant extradition on condition that the
 requesting Party undertakes to recommend to the Head of State that the death penalty be commuted
 to another penalty.

 Article 11
 THE REQUEST AND SUPPORTING DOCUMENTS

   1.The request for extradition shall be addressed in writing by the Minister of justice of the
      requesting Party to the Minister of justice of the requested Party.

   2.The request shall be supported by:

         a.The original or an authenticated copy of the conviction and sentence or detention order
           immediately enforceable or of the warrant of arrest or other order having the same effect
           and issued in accordance with the procedure laid down in the law of the requesting Party;

        b.A statement of the offences for which extradition is requested. The time and place of their
           commission, their legal descriptions and a reference to the relevant legal provisions shall
           be set out as accurately as possible;

         c.A copy of the relevant enactments and as accurate a description as possible of the person
           claimed, together with any other information which will help to establish his identity and
           nationality.

 Article 12
 SUPPLEMENTARY INFORMATION

 If the information communicated by the requesting Party is found to be insufficient to allow the
 requested Party to make a decision in pursuance of this Treaty, the latter Party shall request the
 necessary supplementary information and may fix a time-limit for the receipt thereof.

 Article 13
 RULE OF SPECIALITY

   1.Without prejudice to the provisions of article 2, paragraph 2, a person who has been extradited
      shall not be proceeded against, sentenced or detained with a view to the carrying out of a
      sentence or detention order for any offence committed prior to his surrender other than that for
      which he was extradited, nor shall he be for any other reason restricted in his personal
      freedom, except in the following cases :

         a.When the Party which surrendered him consents. A request for consent shall be
           submitted, accompanied by the documents mentioned in article 11. Consent shall be given
           when the offence for which it is requested is itself subject to extradition in accordance
           with the provisions of this Treaty. Consent may be given when, because of the amount of
           punishment or detention provided for by law, the offence is not subject to extradition;

        b.When that person, having had an opportunity to leave the territory of the Party to which
           he has been surrendered, has not done so within fifteen days of his final discharge, or
           has returned to that territory after leaving it;

         c.When that person has expressly consented, either before a judicial authority of the
           requested Party prior to his extradition or before a judicial authority of the requesting
           Party after his extradition, to be proceeded against and punished for any offence
           whatsoever.

   2.The requesting Party may, however, take any measures necessary to remove the person from
      its territory or any measures necessary under its law, including proceedings by default, to
      prevent any legal effects of lapse of time.

   3.If the description of the offence charged is altered in the course of proceedings, the extradited
      person shall only be proceeded against or sentenced in so far as the offence under its other
      description is shown by its constituent elements to be an offence which allows extradition.
 

 Article 14
 RE-EXTRADITION TO A THIRD STATE

   1.Except as provided for in article 13, paragraph 1 (b) and (c), the requesting Party shall not,
      without the consent of the requested Party, surrender to a non contracting State a person
      surrendered to the requesting Party and sought by the said State in respect of offences
      committed before his surrender. The requested Party may request the production of the
      documents mentioned in article 11, paragraph 2.

   2.Consent shall not be required in the case of another High Contracting Party.

 Article 15
 PROVISIONAL ARREST

   1.In case of urgency the competent authorities of the requesting Party may, with a view to
      extradition, request the provisional arrest of the person sought.

   2.The request for provisional arrest shall state what offence was committed, what is the amount
      of punishment or detention provided for by law or imposed and when and where the offence
      was committed and shall so far as possible give a description of the person sought.

   3.The request shall be sent to the competent authorities of the requested Party either direct or
      through the central national office of the International Criminal Police Organization (Interpol).
      The competent authorities of the requesting Party shall be informed without delay of the result
      of their request.

   4.If the request appears to be in order, it shall be complied with by the competent authorities of
      the requested Party, in accordance with the law of the latter Party.

   5.Provisional arrest shall be terminated if, within a period of eighteen days after arrest, the
      requested Party has not received the request for extradition and the documents mentioned in
      article 11, unless the arrest must be continued for another reason. The possibility of provisional
      release at any time is not excluded, but the requested Party shall take any measures which it
      considers necessary to prevent the escape of the person sought.

   6.Release shall not prejudice re-arrest and extradition if a request for extradition is received
      subsequently.
 

 Article 16
 CONFLICTING REQUESTS

 If extradition is requested concurrently by more than one State, either for the same offence or for
 different offences, the requested Party shall make its decision having regard to all the circumstances
 and especially the relative seriousness and place of commission of the offences, the respective dates
 of the requests, the nationality of the person claimed and the possibility of subsequent extradition to
 another State.
 

 Article 17
 SURRENDER OF THE PERSON TO BE EXTRADITED

   1.The requested Party shall inform the requesting Party by the means mentioned in article 11,
      paragraph 1, of its decision with regard to the extradition.

   2.Reasons shall be given for any complete or partial rejection.

   3.If the request is agreed to, the requesting Party shall be informed of the place and date of
      surrender and of the length of time for which the person claimed was detained with a view to
      surrender.

   4.Subject to the provisions of paragraph 5 of this article, if the person claimed has not been taken
      over on the appointed date, he may be released after the expiry of fifteen days and shall in any
      case be released after the expiry of thirty days; the requested Party may refuse to extradite him
      for the same offence.

   5.If circumstances beyond its control prevent a Party from surrendering or taking over the person
      to be extradited, it shall notify the other Party; the two Parties shall agree a new date for
      surrender and the provisions of paragraph 4 of this article shall apply.
 

 Article 18
 POSTPONED OR CONDITIONAL SURRENDER

   1.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 or, if
      he has already been convicted, in order that he may serve his sentence in the territory of that
      Party for an offence other than that for which extradition is requested.

   2.When the request for extradition relates to a person who is serving a sentence in the territory
      of the requested Party, that Party may, if special circumstances so require, temporarily
      surrender the person claimed to the requesting Party in accordance with conditions to be
      determined by mutual agreement between the Parties.

   3.The length of time for which the person concerned is detained in the territory of the requesting
      Party, following such surrender, shall be deducted from the sentence to be served by him in the
      territory of the requested Party.
 

 Article 19
 SUMMARY PROCEDURE

   1.In the case specified in article 15, the competent authorities of the requesting Party may
      request the immediate surrender of the person to be extradited.

   2.Such surrender shall require the express consent of the person arrested, to be given in the
      presence of an officer of the State Counsel Division of the requested Party, and the approval of
      that officer. The person arrested shall have the right to be assisted by counsel. Surrender shall
      take place without other formalities and shall be effected within eighteen days of the provisional
      arrest.

   3.If surrender cannot be effected within five days of such arrest, the competent authorities of the
      requested Party shall so notify the competent authorities of the requesting Party and invite
      them, where appropriate, to proceed in accordance with the provisions of article 11.

   4.Surrender shall entail for the person concerned the consequences attending the declaration
      mentioned in article 13, paragraph 1 (c).
 

 Article 20
 HANDING OVER OF PROPERTY

   1.At the request of the requesting Party, the requested Party shall seize, in so far as its law
      permits, and hand over property

         a.Which may be required as evidence

        b.Which has been acquired as a result of the offence and which is found either before or
           after surrender of the person arrested.

   2.The handing over shall require the approval in camera of the court of the place where the
      searches and seizures were carried out, which shall decide whether or not all or part of the
      property seized is to be handed over to the requesting Party. The court may order the return of
      property not directly related to the offence with which the accused is charged and shall, where
      necessary, rule on objections raised by third-party holders of the property or other claimants.

   3.The property mentioned in paragraph 1 of this article may be handed over even if extradition,
      having been agreed to, cannot be carried out owing to the death or escape of the person
      claimed.
 

 Article 21
 TRANSIT

   1.Transit through the territory of one of the Contracting Parties shall be granted on submission of
      a request by the means mentioned in article 11, paragraph 1, provided that the offence
      concerned is not considered by the Party requested to grant transit to be an offence of a
      political character and that the person concerned is not a national of the country requested to
      grant transit.

   2.Subject to the provisions of paragraph 3 of this article, production of the documents mentioned
      in article 11, paragraph 2 (a), shall be required.

   3.If air transport is used, the following provisions shall apply:

         a.When it is not intended to land, the requesting Party shall notify the Party over whose
           territory the flight is to be made and shall certify that one of the documents mentioned in
           article 11, paragraph 2 (a), exists. In the case of an unscheduled landing, such notification
           shall have the effect of a request for provisional arrest as provided for in article 15, and
           the requesting Party shall submit a formal request for transit;

        b.When it is intended to land, the requesting Party shall submit a formal request for transit.
 
 

 CHAPTER II
 MUTUAL ASSISTANCE IN CRIMINAL MATTERS

 Section 1. General provision

 Article 22

   1.The High Contracting Parties undertake to afford each other, in accordance with the provisions
      of this Treaty, the widest measure of mutual assistance in proceedings in respect of offences
      the punishment of which, at the time of the request for assistance, falls within the jurisdiction of
      the judicial authorities of the requesting Party.

   2.Assistance may be refused:

         a.If the request concerns an offence which the requested Party regards as a political
           offence or as an offence connected with a political offence;

        b.If the requested Party considers that execution of the request is likely to prejudice the
           security, ordre public, or other essential interests of its country or if proceedings have
           already been instituted against the person concerned or final judgement has been
           passed upon him in respect of the same acts.

 Section 2. Letters rogatory

 Article 23

   1.The request Party shall execute any letters rogatory relating to a criminal matter and addressed
      to it by the judicial authorities of the requesting Party for the purpose of procuring evidence or
      transmitting articles to be produced in evidence, records or documents.

   2.If the requesting Party desires witnesses or experts to give evidence on oath, it shall expressly
      so request, and the requested Party shall comply with the request if the law of its country does
      not prohibit it.

   3.The requested Party may transmit certified copies or certified photostat copies of records or
      documents requested, unless the requesting Party expressly requests the transmission of
      originals, in which case the requested Party shall make every effort to comply with the request.

 Article 24

   1.The letters rogatory shall be executed by the competent judicial authority of the requested
      Party as though they were letters rogatory issued by national judicial authorities.

   2.However, letters rogatory which request the carrying out of a search or seizure shall be
      executed only if the offence in question is one in respect of which extradition may take place
      under this Treaty and subject to the reservation stated in article 20, paragraph 2.

 Article 25

 On the express request of the requesting Party, the requested Party shall state the date and place of
 execution of the letters rogatory. Officials of the requesting Party and interested persons may be
 present if the requested Party consents.

 Article 26

   1.Officers of one of the Parties who are empowered to investigate and detect offences may be
      assigned by the judicial authorities to which they are responsible to render assistance in the
      territory of another Party, with the consent of the competent officer of the State Counsel
      Division of the latter Party, in the investigation and detection of offences the prosecution of
      which falls within the jurisdiction of the said judicial authorities. For this purpose, such officers
      shall carry letters rogatory specifying what operations are to be carried out.

   2.The said officers shall supply such information and advice as they deem necessary for the
      successful completion of the prescribed operations; upon request, they shall be given certified
      copies of any reports and documents which may be prepared.

 Article 27

   1.Officers of one of the Parties who are pursuing in their own country a person alleged to be guilty
      of an extraditable offence shall be entitled to enter the territory of another Party in the course
      of such pursuit. They must immediately summon the competent officers of the Party whose
      territory they have entered, who, at their request, shall apprehend the person pursued in order
      to establish his identity or have him arrested. In the latter case, the procedure laid down in
      article 15 shall be observed, unless the person concerned is a national of the Party in whose
      territory he is apprehended.

   2.If, however, the pursuit is uninterrupted and the urgency of the operations makes it impossible
      to summon the local authorities, the officers of the other Party may, within a distance of ten
      kilometres from the frontier, themselves apprehend the person pursued and bring him before
      the local law enforcement services for the purposes referred to in the preceding paragraph.

   3.As regards all other matters, the procedure laid down in article 26 shall be observed, where
      appropriate, even in the absence of the letters rogatory mentioned therein.

   4.The officers referred to in the preceding paragraphs are

         a.In the case of Belgium and Luxembourg, members of the criminal police attached to the
           parquets and members of the gendarmerie;

        b.In the case of the Netherlands, members of the Rijkspolitie;

 In respect of all three countries, members of the police forces of municipalities whose territory is
 situated less than ten kilometres from the frontier.

 Article 28

   1.During the operations mentioned in articles 26 and 27, officers assigned to the territory of
      another Party shall be accorded the same treatment as officers of that Party with respect to any
      offences committed against them or by them.

   2.They must be able at all times to prove their official status.

   3.While performing the operations mentioned in article 27, they may wear their uniform and bear
      their regulation arms.

   4.In case of need ' they shall be entitled to use measures of restraint and defence in the same
      conditions as officers of the Party in whose territory they are operating.

 Article 29

   1.The requested Party may delay the handing over of any property, records or documents
      requested, if it requires the said property, records or documents in connexion with pending
      criminal proceedings.

   2.Any property, as well as original records or documents, handed over in execution of letters
      rogatory shall be returned by the requesting Party to the requested Party as soon as possible
      unless the latter Party waives the return thereof.
 
 

 Section 3. Service of writs and records of judicial verdicts

 Article 30

   1.Writs and records of judicial verdicts which are to be served on persons who are in the territory
      of another Contracting Party shall be sent to them either direct by registered mail by the
      competent authorities or court officials or through the competent parquet (parket) of the
      requested Party.

   2.The requested parquet shall effect service of the writ or record by simple transmission to the
      person to be served, unless it is requested to effect service in the manner provided for the
      service of analogous documents under its own law.

   3.The requested parquet shall inform the requesting parquet of the result of the request for
      service.
 
 

 Section 4. Appearance of witnesses, experts and prosecuted persons

 Article 31

   1.When, in a criminal case, the judicial authority of one of the Parties considers the personal
      attendance of a witness or expert who is in the territory of another Party to be necessary, such
      witness or expert shall be served with a summons through the State Counsel Division of the
      place where the person concerned has his domicile or residence.

   2.In such case, the summons shall indicate the approximate allowances payable and the travelling
      and subsistence expenses refundable.
 
 

 Article 32

   1.The allowances to be paid and the travelling and subsistence expenses to be refunded to a
      witness or expert by the requesting Party shall be calculated as from his place of residence and
      shall be at rates at least equal to those provided for in the scales and rules in force in the
      country where the hearing is intended to take place.

   2.If a specific request is made, the requested Party may grant the witness or expert an advance.
      The amount of the advance shall be endorsed on the summons and shall be refunded by the
      requesting Party.

 Article 33

   1.A person in custody who is serving a sentence and whose personal appearance as a witness or
      for purposes of confrontation is applied for by the requesting Party may, unless there are
      special grounds for not doing so, be temporarily transferred to the territory where the hearing is
      intended to take place, provided that he shall be sent back within the period stipulated by the
      requested Party and subject to the provisions of article 35 in so far as these are applicable.

   2.Transit of a person referred to in the preceding paragraph through the territory of one of the
      Parties shall be granted on application from the Party which consents to the transfer. The
      application shall indicate the sentence and the amount of the term still to be served. As regards
      all other matters, the provisions of article 21 shall apply.

   3.The transferred person shall remain in custody in the territory of the requesting Party and,
      where applicable, in the territory of the Party through which transit is requested, unless the
      Party consenting to the transfer of the person in custody authorizes his release.

 Article 34

 A witness who, without valid reason, fails to fulfil the obligations incumbent upon him by reason of a
 summons as specified in article 31 shall be liable in the requested country to the penalties prescribed
 by the law of that country for defaulting witnesses.

 Article 35

   1.A witness or expert, whatever his nationality, appearing on a summons before the judicial
      authorities of the requesting Party shall not be prosecuted or detained or subjected to any
      other restriction of his personal liberty in the territory of that Party in respect of acts or
      convictions anterior to his departure from the territory of the requested Party.

   2.A person, whatever his nationality, summoned before the judicial authorities of the requesting
      Party to answer for acts forming the subject or proceedings against him shall not be prosecuted
      or detained or subjected to any other restriction of his personal liberty for acts or convictions
      anterior to his departure from the territory of the requested Party and not specified in the
      summons.

   3.The immunity provided for in this article shall cease when the witness or expert or prosecuted
      person, having had for a period of fifteen consecutive days from the date when his presence is
      no longer required by the judicial authorities an opportunity of leaving, has nevertheless
      remained in the territory or, having left it, has returned.
 
 

 Section 5. Judicial records

 Article 36

   1.A requested Party shall communicate extracts from and information relating to judicial records,
      requested from it by the judicial authorities of another Party and needed in a criminal matter, to
      the same extent that these may be made available to its own judicial authorities in like case.

   2.In any case other than that provided for in paragraph 1 of this article the request shall be
      complied with in accordance with the conditions provided for by the law, regulations or practice
      of the requested Party.
 
 

 Section 6. Procedure

 Article 37

   1.Except as otherwise provided in this chapter, requests for mutual assistance shall indicate as
      follows:

         a.The authority making the request;

        b.The object of and the reason for the request;

         c.Where possible, the identity and the nationality of the person concerned;

        d.Where necessary, the name and address of the person to be served.

   2.Letters rogatory referred to in articles 23, 24 and 25 shall, in addition, state the offence and
      contain a summary of the facts.

 Article 38

   1.Except as otherwise provided in this chapter, letters rogatory and other requests for mutual
      assistance may be addressed directly by the judicial authorities of the requesting Party to the
      judicial authorities of the requested Party. They shall be returned together with the relevant
      documents either directly or through the Ministers of Justice.

   2.Requests provided for in article 36, paragraph 1, may be addressed directly by the judicial
      authorities concerned to the appropriate authorities of the requested Party, and the replies may
      be returned directly by those authorities. Requests provided for in article 36, paragraph 2, shall
      be addressed by the Minister of Justice of the requesting Party to the Minister of Justice of the
      requested Party

   3.Requests provided for in article 33 shall be communicated between Ministers of Justice.

   4.In cases where direct transmission is permitted under this chapter, it may take place through
      the central national office of the International Criminal Police Organization (Interpol).

 Article 39

 Evidence or documents transmitted pursuant to this Treaty shall not require any form of
 authentication.

 Article 40

 Where the authority which receives a request for mutual assistance has no jurisdiction to comply
 therewith, it shall, ex officio, transmit the request to the competent authority of its country and shall
 so inform the requesting Party.

 Article 41

 Reasons shall be given for any refusal of mutual assistance.

 Section 7. Laying of information in connexion with proceedings

 Article 42

   1.If the judicial authorities of one Party deem it advisable that proceedings should be instituted by
      the judicial authorities of another Party, if they shall transmit the record through the Ministers of
      Justice to the latter authorities. These authorities shall consider what action can be taken on
      this request, and the requesting authorities shall be notified accordingly by the same means.

   2.Reports of officials and officers of the requesting Party and official acts of its judicial authorities
      shall have the effect, in the other country, of suspending immunity from public prosecution by
      reason of lapse of time, if corresponding reports and official acts have such effect in that
      country.
 
 

 Section 8. Exchange of information from judicial records

 Article 43

 Each Party shall inform any other Party of all criminal convictions and, so far as possible, of subsequent
 measures in respect of nationals of the latter Party, entered in the judicial records. Ministers of Justice
 shall communicate such information to one another at least once a year.
 

 CHAPTER III
 GENERAL PROVISIONS

 Article 44

 Except where this Treaty otherwise provides, the procedure with regard to extradition, provisional
 arrest and execution of requests for mutual assistance shall be governed solely by the law of the
 requested Party.

 Article 45

 The documents to be produced shall be drawn up in the language or languages of either the
 requesting Party or the requested Party.

 Article 46

 The Parties mutually waive any claim to reimbursement of the expenses arising out of the application
 of this Treaty.

 Article 47

 For the purposes of this Treaty, the expression " detention order " means any order involving
 deprivation of liberty which has been made by a criminal court in addition to or instead of a prison
 sentence.

 Article 48

   1.This Treaty shall apply only to the European territories of the High Contracting Parties.

   2.The application of this Treaty may be extended, by agreement between the Governments of the
      High Contracting Parties, to parts of the territory of the Kingdom of the Netherlands which are
      situated outside Europe. Such an agreement may contain derogative provisions.

 Article 49

   1.This Treaty shall be ratified and the instruments of ratification shall be deposited with the
      Belgian Government.

   2.The Treaty shall enter into force two months after the deposit of the last instrument of
      ratification.

   3.Each of the High Contracting Parties may denounce this Treaty at any time.

   4.Denunciation shall be effected by giving notice to the two other High Contracting Parties. It shall
      take effect six months after the notification.

   5.Denunciation shall take effect only as concerns the Party which has given notice thereof. The
      Treaty shall remain in force between the two other Parties.

   6.Denunciation may be limited to all or any of the parts of the territory referred to in article 48,
      paragraph 2.

 Article 50

 Unless a declaration to the contrary is made by the Parties concerned, this Treaty shall supersede the
 treaties and conventions concerning extradition which are in force between the said Parties.

 IN WITNESS WHEREOF the Plenipotentiaries have signed this Treaty and have thereto affixed their
 seals.

 DONE at Brussels, on 27 June 1962, in triplicate, in the Dutch and French languages, both texts being
 equally authentic.

 For the Kingdom of Belgium:

 H. FAYAT

 For the Grand Duchy of Luxembourg:

 N. HOMMEL

 For the Kingdom of the Netherlands

 E. TEIXEIRA de MATTOS
 

 PROTOCOL CONCERNING CIVIL LIABILITY OF OFFICERSASSIGNED TO THE TERRITORY OF
 ANOTHER PARTY

 On proceeding to sign the Treaty between the Kingdom of Belgium, the Grand Duchy of Luxembourg
 and the Kingdom of the Netherlands concerning extradition and mutual assistance in criminal matters,
 the undersigned Plenipotentiaries have agreed as follows :

 Article I

 When, in the conditions laid down in the present Treaty or in other Benelux conventions, officers of
 one of the Contracting Parties who are empowered to investigate and detect offences are assigned to
 the territory of another Contracting Party, such officers shall be liable, in conformity with the law of the
 latter Party, for any damage they may cause in that territory.

 Article 2

 The authorities to which the officers are responsible shall make good any damage caused by the
 officers in the territory of another Party in the same manner as the authorities of that Party would be
 obliged to do if the damage had been caused by their own officers.

 Article 3

 The Contracting Parties shall recognize the jurisdiction of the courts of the country where the damage
 is caused.

 Article 4

 The authorities to which the officers are responsible shall voluntarily execute enforceable judgements
 pronounced against them in accordance with the provisions of articles 1, 2 and 3, without need of any
 formalities.

 Article 5

 Without prejudice to the exercise of its rights vis-à-vis third parties, each of the Contracting States
 shall, in the case referred to in article 1, waive recovery from another Contracting State of the amount
 of the damage which it has sustained or of the compensation which it has paid to one of its officers.

 DONE at Brussels, on 27 June 1962, in triplicate, in the Dutch and French languages, both texts being
 equally authentic.

 For the Kingdom of Belgium:

 H. FAYAT

 For the Grand Duchy of Luxembourg:

 N. HommEL

 For the Kingdom of the Netherlands:

 E. TEIXEIRA de MATTOS
 
 

 DECLARATION MADE BY THE GOVERNMENTS OF BELGIUM AND THE NETHERLANDSUNDER
 ARTICLE 50 OF THE TREATY

 DECLARATION

 The Government of the Kingdom of Belgium and the Government of the Kingdom of the Netherlands,

 Considering article 50 of the Treaty between the Kingdom of Belgium, the Grand Duchy of Luxembourg
 and the Kingdom of the Netherlands concerning extradition and mutual assistance in criminal matters,
 signed at Brussels on 27 June 1962,

 Declare that the provisions of the Convention between the Kingdom of Belgium and the Kingdom of
 the Netherlands concerning the extradition of criminals, signed at Brussels on 31 May 1889,

   1.as extended to the Netherlands Colonies (then so called) by the Additional Agreement signed at
      Brussels on 14 February 1895

   2.and subsequently modified by the Additional Agreement signed at The Hague on 25 October
      1927,

   3.shall continue to apply as between the Kingdom of Belgium and Surinam and the Netherlands
      Antilles respectively until such time as the Treaty of 27 June 1962 shall be extended, in
      accordance with article 48, paragraph 2, thereof, to Surinam and/or the Netherlands Antilles.

 DONE at Brussels, on 9 October 1967, in duplicate, in the Dutch language.

 For the Government of the Kingdom of Belgium:

 Pierre HARMEL

 For the Government of the Kingdom of the Netherlands:

 J. A. de Vos van STEENWIJK
 
 

 DECLARATION MADE 13Y THE GOVERNMENTS OF BELGIUM AND LUXEMBOURG
 UNDER ARTICLE 50 OF THE TREATY

 DECLARATION

 In exercise of the option provided for in article 50 of the Treaty between the Kingdom of Belgium, the
 Grand Duchy of Luxembourg and the Kingdom of the Netherlands concerning extradition and mutual
 assistance in criminal matters, signed at Brussels, on 27 June 1962, the Belgian and Luxembourg
 Governments have agreed to maintain in force the provisions of the Fifth Supplementary Declaration of
 24 August 1948

   1.to the Extradition Convention concluded on 23 October 1872

   2.between Belgium and Luxembourg.

 They have also agreed that the Extradition Convention of 23 October 1872, as modified by the
 Supplementary Declarations of 21 June 1877, 25 April 1893 and 16 November 1899, shall continue to
 have effect to the extent required for the application of the aforesaid Supplementary Declaration of 24
 August 1948.

 DONE at Brussels, on 9 October 1967, in duplicate, in the French language.

 Pour le Gouvernement du Royaume de Belgique:

 Pierre HARMEL

 Pour le Gouvernement du Grand-Duché de Luxembourg:

 C. DUMONT
 
 

FONTE : http://ue.eu.int/ejn/indexfr.htm