Commonwealth Numbered Regulations

EXTRADITION (IRELAND) AMENDMENT REGULATIONS 2021 (F2021L00529) - SCHEDULE 2

Note:       See paragraph 5(b).

Oifig an Tánaiste

Aire Gnóthai Eachtracha agus Trádála

Office of the Tánaiste

Minister for Foreign Affairs and Trade

2 April 2019

H.E. Richard Seymour Andrews

Ambassador to Ireland

Australian Embassy Ireland

Level 2

47, 49 St Stephen's Green

Dublin 2

Ireland

D02 W634

Dear Ambassador,

I have the honour to refer to your Excellency's Letter of 2 April 2019 which reads as follows:

"I have the honour to refer to the Treaty on Extradition between Australia and Ireland , done at Dublin on 2 September 1985.

In September 2013 it was proposed to amend the said Treaty as follows:

1.        By deleting Article III, paragraph 2(a); and

2.        By inserting a new paragraph 5 in Article II of the Treaty concerning revenue offences, to provide as follows:

'5.       (a)     For the purposes of this Treaty a revenue          offence is an extraditable offence.

(b)     A 'revenue offence' means an offence in connection with taxes, duties, customs or exchange control.

(c)     Extradition shall not be refused on the ground that the rules or laws relating to taxes, duties, customs or exchange control that apply in the requesting State differ in nature from the rules or laws that apply to taxes, duties, customs or exchange control in the requested State.'

I have the honour to advise that the foregoing proposal is acceptable to the Government of Australia.

I further propose that this letter and your response confirming Ireland's agreement to the foregoing proposal shall constitute an agreement between our two Governments, which shall enter into force upon an exchange of notes through diplomatic channels confirming that each side has completed its necessary domestic requirements."

I have the honour to confirm the agreement of the Government of Ireland to the proposal set out in your Excellency's Letter.

Yours sincerely

Simon Coveney, T.D.,

Tánaiste and Minister for Foreign Affairs and Trade

THE AMBASSADOR                                                                    AUSTRALIAN EMBASSY DUBLIN

2 April 2019

Mr Simon Coveney TD

Tánaiste and Minister for Foreign Affairs and Trade

Iveagh House

80 St Stephen's Green

Dublin 2

Ireland

D02 VY53

Dear Minister,

I have the honour to refer to the Treaty on Extradition between Australia and Ireland , done at Dublin on 2 September 1985.

In September 2013 it was proposed to amend the said Treaty as follows:

1.                 By deleting Article III, paragraph 2(a); and

2.                 By inserting a new paragraph 5 in Article II of the Treaty concerning revenue offences, to provide as follows:

'5.        (a)        For the purposes of this Treaty a revenue offence is

an extraditable offence.

(b)        A 'revenue offence' means an offence in connection with taxes, duties, customs or exchange control.

(c)        Extradition shall not be refused on the ground that the rules or laws relating to taxes, duties, customs or exchange control that apply in the requesting State differ in nature from the rules or laws that apply to taxes, duties, customs or exchange control in the requested State.'

I have the honour to advise that the foregoing proposal is acceptable to the Government of Australia.

I further propose that this letter and your response confirming Ireland's agreement to the foregoing proposal shall constitute an agreement between our two Governments, which shall enter into force upon an exchange of notes through diplomatic channels confirming that each side has completed its necessary domestic requirements.

Yours sincerely

Richard Seymour Andrews
Ambassador to Ireland