Extradition from Belgium to the United States—Nguyen Buu Huy

The deputy director of the An Giang Agriculture and Food Import/Export Company [hereinafter Afiex], has been arrested in Belgium “at the behest of the US.”^[1] He has been accused of “fraudulent labeling of catfish exported from Vietnam to the US.”^[2] On May 10, he was arrested while attending a Brussels trade fair, and now his Belgian lawyer has advised Mr. Huy “to request for his release and return to Vietnam before traveling to the US to meet authorities there.”^[3]

Mr. Huy was indicted in the Northern District of Florida, and, according to the indictment, Mr. Huy and others, such as Danny D. Nguyen, “worked with Vietnamese seafood suppliers in incorrect labeling of exported catfish.”^[4] Mr. Nguyen’s company, Panhandle Seafood Inc. [hereinafter PSI], “has exported 200 tonnes of tra fish, of which 150 tonnes were labeled as ‘grouper,’” since 2002.^[5] In addition, PSI and another of Mr. Nguyen’s companies, Panhandle Trading, Inc. [hereinafter PTI], “imported nearly 500 tonnes of tra, 350 tonnes of which were labeled as grouper,” in 2003, and in 2004, “PTI imported 500 tonnes of basa, of which 200 tonnes were incorrectly labeled as grouper, and 300 tonnes as channa fish.”^[6] Tra and bassa are types of catfish.^[7]

The indictment was brought against Mssrs. Nguyen and Huy, along with PSI, PTI, Afiex, and three other companies: Mekongfish Company, Cafatex, and Coseafex.^[8] The indictment alleges dumping violations by these companies for allegedly selling the imported fish in the United States “at less than fair market value.”^[9] The defendants face Lacey Act, smuggling, conspiracy, and money laundering charges.

Under the 1987 bilateral extradition treaty with Belgium (which was ratified ten years after its signing), extradition can be had if the offenses are crimes punishable by deprivation of liberty for more than one year.^[10] Therefore, while the smuggling, conspiracy, and money laundering charges are almost assuredly crimes in Belgium, there could be some debate about whether the Lacey Act violations are also crimes in Belgium. However, since the accusations stem from anti-dumping behavior, which is forbidden under World Trade Organization rules,^[11] they likely are crimes in Belgium. This is because both the United States and Belgium are members of the WTO,^[12] and each member nation is under an obligation to enact domestic legislation to enforce WTO policies.

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[1] Vietnamese Exporter in Belgium Counseled to Fight Extradition, Thanh Nien Daily, Aug. 1, 2006.
[2] Id.
[3] Id.
[4] MoPS Angered over Fraudulently Labelled Exports, TN (via VietNamNet), Jul. 10, 2006.
[5] Id.
[6] Id.
[7] Four VN Seafood Companies in US Fraud Suit, VietNamNet, May 16, 2006.
[8] United States v. Panhandle Trading, Inc., No. 5:05-cr-00044 (N.D. Fla. 2005).
[9] Id., Superseding Indictment at 4. (Docket entry No. 9).
[10] Extradition Treaty, Apr. 27, 1987, U.S.-Belg., Art. 2, para. 1, S. Treaty Doc. No. 104-7.
[11] See WTO, Understanding the WTO—Principles of the Trading System: Promoting Fair Competition, last visited Aug. 1, 2006.
[12] See WTO, Members and Observers, last visited Aug. 1, 2006.