US embassy cable - 05VIENNA2093

UNCLAS VIENNA 002093 
 
SIPDIS 
 
DEPARTMENT FOR CA/OCS/ACS/EUR, EUR/AGS, L/LEI FOR KEN 
PROPP 
 
E.O. 12958: N/A 
TAGS: CJAN, AU 
SUBJECT: AUSTRIA-U.S. EXTRADITION AND MUTUAL ASSISTANCE 
PROTOCOLS: AUSTRIAN RESPONSE TO SUGGESTED CORRECTIONS 
 
REF (A) VIENNA 1705 AND PREVIOUS (B) PROPP/PHILLIPS 
 
EMAIL OF JUNE 3, 2005 
 
1.  Under cover of a note verbale dated June 16, 2005, 
the GOA has addressed the suggested changes in the 
German text of the Mutual Legal Assistance Protocol and 
agrees to the changes in Article 5(2) (an alternative 
German wording was later provided informally and will 
be communicated via septel) and Article 6 (the 
misprint). 
 
2.  With reference to the suggested corrections in 
Article 4(2)(a) and Article 5(3) the GOA does not/not 
believe the changes are warranted and notes that since 
the English text fully conforms with the text of the 
2003 US-EU Agreement on Extradition and Mutual Legal 
Assistance, the German text should also be consistent 
with the German-language version of the US-EU 
Agreement.  The note goes on to say that whereas 
changing Article 5(3) would not have a concrete effect 
on the meaning, the suggested changes in Article 4 
(2)(a) may lead to certain difficulties in 
interpretation.  The German wording of the draft is 
therefore deemed sufficient, also because Article 4(2) 
expressly refers to paragraph 1 of this Article. 
 
3.  A separate note verbale, also dated June 16, 2005, 
addresses the required authorization by the Austrian 
Cabinet and asks for a new proposal for a signing date. 
(Comment:  Embassy has informally heard that Justice 
Minister Miklautsch will be on vacation as of mid July. 
End  Comment.) 
BROWN