Treaty Between CANADA and THAILAND signed on January 5, 1983.


TREATY ON COOPERATION IN THE EXECUTION OF PENAL SENTENCES BETWEEN
THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF THAILAND


The Government of Canada and the Government of the Kingdom of Thailand,

TAKING into consideration the laws and regulations in force regarding law enforcement
of the Parties and the desirability  of enhancing their cooperative efforts in law
enforcement and the administration of justice; and

DESIRING to cooperate in the execution of penal sentences by enabling offenders to serve 
sentences of imprisonment, confinement or other forms of deprivation of liberty in the
country of which they are nationals, thereby facilitating their successful reintegration
into society;

HAVE AGREED AS FOLLOWS

ARTICLE I
Definitions

For the purposes of this Treaty:

1. "Transferring State"  means the Party from which the offender is to be transferred;

2. "Receiving State"  means the Party to which the offender is to be transferred;

3. "Offender" means a convicted person who, in the territory of either Party, has been
   convicted of a crime and sentenced either to a term of imprisonment, confinement or 
   other form of deprivation of liberty, or to a term of conditional release, probation
   or other form of supervision without confinement. 

   The term shall include a person subject to confinement, custody or supervision under
   the law of the Transferring State.

4. "National" means, for Canada, a Canadian citizen, and, for Thailand, a Thai national.
            
ARTICLE II
Conditions for Transfer 

The application of this Treaty shall be subject to the following conditions:

1. That the offense, for which the offender to be transferred was convicted and
   sentenced, is one which would also be punishable as a crime in the Receiving State 
   had the offense been committed in the Receiving State.

   This condition shall not be interpreted so as to require that the crimes described
   in the laws of the two Parties be identical in matters not affecting the character
   of the crimes such as the quantity of property or money taken or possessed.

2. That the offender to be transferred is a national of the Receiving State.

3. That the offender to be transferred was not being punished in Thailand for as
   offense:                 
   (a) against the internal or external security of the state;
   (b) against the Head of State of the Transferring State or a member of his family; or
   (c) against legislation protecting national art treasures.
  
4. That there is at least one year of the offender's sentence remain to be served at the
   time of the application for transfer;

5. That no further or other legal proceedings relating to the offense or any other offense
   are pending in the Transferring State.
 
6. That, in the case of imprisonment, confinement or other form of deprivation of liberty,
   the offender shall, at the time of transfer, have served in the Transferring State and 
   minimum  period of the sentence stipulated by the law of the Transferring State.
 
7. That the transfer may be refused if:
   (a) it is considered by the Transferring State to jeopardize its sovereignty,
       its security or its public order;
   (b) the offender is also a national of the Transferring State.

ARTICLE III 
Procedure for Transfer

1. Either Party shall have the right to inform the offender, who is within the scope
   of the present Treaty, of the substance of the Treaty.  
 
2. Every transfer under this Treaty shall be commenced through diplomatic channels
   by a written request from the Receiving State to the Transferring State.
   
   If the Transferring State approves the request, it shall so inform the Receiving State
   through diplomatic channels and initiate procedures to effectuate the transfer of 
   the offender.

3. In deciding upon the transfer of an offender, each Party shall consider the 
   following factors: 
   (a)the probability that the transfer of the offender will contribute to his social
      rehabilitation or otherwise be  in his best interests; and     
   (b)the nature and severity of the offense, including the effects of the offense
      within the Transferring and Receiving States and any mitigating or aggravating
      circumstances.

4. No offender shall be transferred unless:
   (a) he is under a sentence of imprisonment for life:
   (b) the sentence which he is serving states a definite termination date, or
       the authorities authorized to fix such a date have so acted; or
   (c) he is subject to confinement, custody or supervision under the law of the
       Transferring State respecting juvenile offenders.

5. The Transferring State shall furnish to the Receiving State a statement showing the 
   offense of which the offender as convicted, the termination date of the sentence, 
   the length of time already served by the offender, and any credits to which the 
   offender is entitled on account of work done, good behavior or pretrial confinement.

6. The Transferring State shall furnish to the Receiving State a certified copy of a
   judgments and sentences concerning the offender from  the date of his detention 
   in the Transferring State.

   When the Receiving State considers such information insufficient, it may request 
   additional information.

7. Delivery of the offender by the authorities of the Transferring State to those of the
   Receiving State shall occur at a place within the Transferring State agrees upon by
   both Parties.

   The Transferring State shall afford an opportunity to the Receiving State, if the
   Receiving State so desires, to verify, prior to the transfer, that the offender's
   consent to the transfer is given voluntarily and with full knowledge of the 
   consequences thereof, through an officer designated by the law of the Receiving State.
                                    
ARTICLE IV 
Retention of Jurisdiction

In respect of sentences to be executed to this Treaty, the Transferring state shall retain
exclusive jurisdiction regarding the judgments of its courts, the sentences imposed by them,
and any procedures for revision, modification or cancellation of judgments and sentences
pronounced  by its courts. The Receiving State, upon being informed of any revision,
modification or cancellation of such judgment or sentence, shall put such measure into effect.

ARTICLE V
Procedure for Execution of Sentence

1. Except as otherwise provided in this Treaty, the completion of a transferred offender's
   sentence shall be carried out according to the laws and procedures of the Receiving State,
   including those governing conditions for service of imprisonment, confinement or 
   other deprivation of liberty, probation and parole, and those providing for the reduction
   of the term of imprisonment, confinement or other deprivation of liberty by parole,  
   conditional release or otherwise.

   The Transferring State shall, in addition, retain a power to pardon the offender or to
   commute his sentence and the Receiving State shall, upon being notified of such pardon or
   commutation,  give effect thereto.

2. The Receiving State may treat under its law relating to juvenile offenders and
   offender so categorized under its law regardless of his status under the law of the 
   Transferring State.

3. No sentence of deprivation of liberty shall be enforced by the Receiving State in
   such a way as to extend it beyond the period specified in the Sentence of the court 
   of the Transferring State.'
 
4. The expenses incurred in the transfer of the offender or in the completion of 
   the offender's sentence shall be borne by the Receiving State.
 
5. The authorities of either Party shall at the request of the other Party provide
   reports indicating the status of  all offenders transferred under this Treaty, 
   including, in particular, the parole or release of any offender. Either Party may,
   at any time, request a  special report on the status of the execution of an
   individual sentence.

6. The transfer of an offender under the provisions of this Treaty shall not entail any
   additional disability under the laws of the Receiving State beyond that which the
   fact of his conviction may in and of itself already have created.

ARTICLE VI
Transit of Offenders

If either Party enters into an agreement for the Transfer of offenders with any
third State, the other Party shall cooperate in facilitating the transit through
it's territory of offenders being transferred pursuant to such agreement.

The Party intending to make such a transfer will give advance notice to the other 
Party of such transit. 

Implementing Procedure 
1. In implementing this Treaty either Party may establish procedures and
   criteria consistent with its purpose and object for determining whether or 
   not to consent to the transfer of an offender. 
 
2. Each Party shall establish by legislation or regulation the procedures necessary
   to give legal effect within its territory to sentences pronounced by courts of 
   the other Party and each Party agrees to cooperate in the procedures established
   by the other Party.

3. Each Party shall designate an authority to perform the functions provided
   in this Treaty.

ARTICLE VII
Consent and its Verification

Before the transfer, the Sentencing State shall afford an opportunity to the Receiving
State, if it so desires, to verify through an officer designated by the Receiving State,
that the  offender's consent to the transfer has been given voluntarily and with full 
knowledge of  the legal consequences thereof.

ARTICLE VIII
Final Provisions

1. This Treaty shall be subject to ratification and shall enter into force on the
   date on which instruments of ratification are exchanged.
   The exchange of instruments of ratification shall take place at Ottawa as soon 
   as possible.

2. The present Treaty shall remain in force for three years from the date upon
   which it enters into force.
   Thereafter, the Treaty shall continue in force until ninety days from the date upon
   which either Party gives written notice to the other Party of its intention to terminate
   the Treaty.
 
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their
respective Governments,  have signed the present Treaty.

DONE at Bangkok, this 5th day of January, 1983 in duplicate, in the Thai,
English and French languages, each version being equally authentic.
   
For the Government of Canada 
For the Government of the Kingdom of Thailand