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EU: Council of the European Union: Handbook on the practical application of the EU-U.S. Mutual Legal Assistance and Extradition Agreements (MLATs)

01 March 2011

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EU: Council of the European Union: Handbook on the practical application of the EU-U.S. Mutual Legal Assistance and Extradition Agreements (MLATs) (pdf). This spells out the formal legal position. The Agreements complement existing bilateral Member State-USA MLAs:

"Effect of EU - U.S. Agreements on Existing Extradition Treaties and MLATs

The EU-U.S. Agreements selectively amend and supplement existing bilateral extradition treaties and MLATs between the United States and Member States. The United States has extradition treaties with all EU Member States, and MLATs with 20 of the 27. The MLA Agreement serves to create for the first time a treaty-based, albeit partial, mutual legal assistance relationship between the Unites States and the other seven Member States (Bulgaria, Denmark, Finland, Malta, Portugal, Slovakia, and Slovenia)." (emphasis added)

"The EU-U.S. MLA Agreement will therefore not be used on behalf of defendants in U.S. proceedings." (p21)

Background: Full text of the Mutual Legal Assistance and Extradition Agreements (agreed June 2003, pdf) and Council Press release, October 2009 (pdf)

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