Document ID: chunk:federal_register_of_legislation:F2006L03650:body:0:p2
Version: federal_register_of_legislation:F2006L03650
Segment Type: other
Provision Reference: 
Character Range: 2631–5249

of an attempt or a conspiracy to commit, aiding or abetting, counseling, causing or procuring the commission of or being an accessory before or after the fact to, any offence described in paragraph 1 and is punishable under the laws of both Parties by imprisonment for a period of not less than one year, or by a more severe penalty.

3. Where the request for extradition relates to a person convicted of an offence who is wanted by the Requesting Party for the enforcement of a sentence of imprisonment, a further requirement shall be that at least six months of the sentence of imprisonment remains to be served.

4. For the purposes of this Article, in determining whether an offence is an offence punishable under the laws of both Parties:

(a) it shall not matter whether the laws of the Parties place the acts or omissions constituting the offence within the same category of offences or describe the offence by the same terminology;

(b) the totality of the acts or omissions alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the Parties, the constituent elements of the offence differ.

5. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matter extradition may not be refused on the ground that the laws of the Requested Party do not impose the same kind of tax or duty or do not contain a tax, duty, customs, or exchange regulation of the same kind as the laws of the Requesting Party.

6. If the offence has been committed outside the territory of the Requesting Party, extradition shall be granted if the laws of the Requested Party provide for the punishment of an offence committed outside its territory in similar circumstances, and if the requirements of extradition under this Treaty are otherwise met. If the laws of the Requested Party do not so provide, the Requested Party may, in its discretion, deny extradition.

7. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence for which extradition is sought was committed, provided that:

(a) it was an offence in the Requesting Party at the time of the acts or omissions constituting the offence; and

(b) the acts or omissions alleged would, if they had taken place in the territory of the Requested Party at the time of the making of the request for extradition, have constituted an offence against the laws in force in that Party.

ARTICLE 3
EXCEPTIONS TO EXTRADITION

1. Extradition shall not be granted in any of