Document ID: chunk:federal_register_of_legislation:F1996B00353:body:0:p3
Version: federal_register_of_legislation:F1996B00353
Segment Type: other
Provision Reference: 
Character Range: 5193–7894

international agreement to which they are both parties.
     (b) if there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality or political opinion or that that person's position may be prejudiced for any of those reasons;
     (c) if the offence for which extradition is sought is an offence under military law, which is not an offence under the ordinary criminal law of the Contracting Parties;
     (d) if final judgment has been passed in the Requested State or in a third state in respect of the offence for which the person's extradition is sought;
     (e) if the person whose extradition is sought has, according to the law of either Contracting Party, become immune from prosecution or punishment by reason of prescription or lapse of time; or
     (f) if the person sought has been tried or sentenced or is to be tried before an extraordinary or ad hoc tribunal of the Requesting State.
2. Extradition may be refused in any of the following circumstances:
     (a) if the person whose extradition is sought is a national of the Requested State. Where the Requested State refuses to extradite a national of that State it shall, if the other State so requests and the laws of the Requested State allow, submit the case to the competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been sought may be taken, if that is considered appropriate;
     (b) if the courts of the Requested State are competent to try the offence for which extradition is requested. Nevertheless, extradition may be granted if the Requested State has decided not to institute proceedings. If extradition is refused pursuant to this paragraph the Requested State shall submit the

SCHEDULE—continued

     case to its competent authorities and inform the Requesting State of its decision;
     (c) if the offence with which the person sought is accused or of which he or she is convicted or any other offence for which he or she may be detained or tried in accordance with this Treaty, carries the death penalty under the law of the Requesting State unless that State undertakes that the death penalty will not be imposed or, if imposed, will not be carried out;
     (d) if the offence for which extradition is requested is an offence which carries a punishment of the kind referred to in Article 7 of the International Covenant on Civil and Political Rights; or
     (e) if, in exceptional cases the Requested State, while also taking into account the