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Case 1:20-cr-00330-AJN Document 97-22 Filed 12/14/20 Page 7 of 30 William JULIE avocat a la cour — attorney at law Part I— The French Extradition Procedure 5. Extradition requests between the United States and France are governed by the Extradition Treaty between the USA and France signed in Paris on 23 April 19967, the Agreement on Extradition between the United States of America and the European Union signed in Washington on 25 June 20034, and the Instrument Amending the Treaty of 23 April 1996 between the United States of America and France signed in the Hague on 30 September 2004°. 6. For matters not covered in these agreements, extradition requests made by the USA are governed by provisions of the French Code of Criminal Procedure (Articles 696 et seq.). A. First stage: Request for temporary arrest 7. Under Article 13.1 of the Extradition Treaty between the USA and France, in case of urgency, the requesting State may seek the provisional arrest of the person sought pending the presentation of the request for extradition®. 8. This procedure can be summarized as follows: - Based on a request for provisional arrest, the Prosecutor General may order the arrest of the requested person. - Upon arrest, the requested person must appear within 48 hours before the Prosecutor General, who informs him/her of the existence and contents of the request for temporary arrest and of his/her rights. - The Prosecutor may decide to release the requested person, based on the relevant flight risks. - If the Prosecutor considers that the requested person should be detained, the requested person appears before the 1“ President of the Court of appeal, who can decide to order either his/her release (without any control, or under judicial 3 The Extradition Treaty between the USA and France entered into force in France on February 1, 2002 (by Decree n° 2002-117 of 29 January 2002). 4 The object of this agreement is “to provide for enhancements to cooperation in the context of applicable extradition relations between the Member States and the United States of America governing extradition of offenders” (Article 1). > The Instrument Amending the Treaty of April 23, 1996 between the USA and France entered into force in France on February 1, 2010 (by Decree n° 2010-490 of 12 May 2010). ® A request for provisional arrest may be transmitted directly between the United States Department of Justice (hereafter, “DOJ”’) and the Ministry of Justice of the French Republic, through INTERPOL or the diplomatic channel. 51, rue Ampére - 75017 paris - tél. 01 88 33 51 80 — fax. 01 88 33 51 81 wj@wjavocats.com - 6 www.wjavocats.com - palais C1652 DOJ-OGR-00002131