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Casmat204c680B30.AN0bnt DocymémM1002, FIGASW1Bade4Pavgel Bf 4 [logo] MINISTRY OF JUSTICE Liberty Directorate of Criminal Affairs and Pardons Equality Fraternity Specialized Criminal Justice Sub-Directorate Office for the International Mutual Assistance in Criminal Matters Paris, December 11, 2020 Mr. Keeper of the Seals, Minister of Justice to Department of Justice (DOJ) Through Andrew FINKELMAN, Liaison Magistrate Embassy of the United States of America in Paris I have the honor to inform you that Article 696-2 of the French Code of Criminal Procedure provides that France can extradite "any person not having French nationality,” it being specified that nationality is assessed on the day of the commission of the acts for which extradition is requested (Article 696-4 1°). The French Code of Criminal Procedure therefore absolutely prohibits the extradition of a person who had French nationality at the time of the commission of the acts for which extradition is requested. The penal law being of strict interpretation, there is no reason to discriminate between nationals and binationals. From the moment they were French at the time of the facts, the person claimed is inextradible, regardless of whether they hold one or more nationalities. When the refusal to extradite is based on the nationality of the requested person, France applies the principle "aut tradere, aut judicar" according to which the State which refuses the surrender must judge the person. Thus, Article 113-6 of the Penal Code gives competence to the French courts to judge acts committed abroad by a person of French nationality. Some countries, generally under Anglo-Saxon law, agree to extradite their nationals and, at the same time, have no jurisdiction to judge acts committed by their nationals on foreign territory. This is particularly the case of the United States of America. 13, place Vendéme - 75042 Paris Cedex 01 Telephone: 01 44 77 60 60 www.justice-gouv.fr DOJ-OGR-00020101