The AET, a landmark agreement signed by ASEAN Law Ministers during the 13th ASEAN Law Ministers Meeting (ALAWMM) in Manila, is the first treaty of its kind developed under the ALAWMM’s auspices.

1. Core Purpose and Principle

The treaty is a binding legal instrument that allows for the surrender of a fugitive found in one ASEAN Member State to a requesting country where that individual is being prosecuted or needs to serve a sentence. It reflects the principle that criminals should not find “safe refuge” in the region.

2. Harmonization and Legal Framework

The treaty works to harmonize legal principles in international agreements, covering essential aspects of the extradition process, including:

Extraditable Offences: Generally covers offences punishable by imprisonment for a certain minimum period in both the requesting and requested states (Dual Criminality).

Extradition of Nationals: Procedures for handling requests involving a country’s own citizens.

Provisional Arrest and Documentation: Standardizing the immediate procedures for detaining a wanted person and the required paperwork.

Dispute Settlement and Implementation: Mechanisms for resolving conflicts and ensuring the treaty is properly put into force by member states.

3. The Philippines’ Role

For the Philippines, the Department of Justice (DOJ) serves as the Central Authority for extradition matters. The Office of the Chief State Counsel is the specific entity responsible for processing or making extradition requests.

4. Entry into Force

The treaty will come into force after a minimum number (typically six) of the ASEAN Member States that signed the treaty have completed their respective national ratification, acceptance, or approval processes.