Document ID: chunk:federal_register_of_legislation:F2004C00077:body:0:p7
Version: federal_register_of_legislation:F2004C00077
Segment Type: other
Provision Reference: 
Character Range: 14948–17610

the requested Party or of third persons so require, any property surrendered under this Article shall be returned to the requested Party free of charge, if that Party so requests.

ARTICLE 17
RULE OF SPECIALITY
1. A person extradited under this Treaty shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence, or be otherwise restricted in his personal freedom, in the territory of the requesting Party for any offence committed before his surrender, other than the offence for which his extradition was granted, except:

 (a) where the requested Party consents in accordance with its law; or

 (b) where the person extradited, having had an opportunity to leave the territory of the requesting Party, has not done so within 45 days of his final discharge in respect of the offence for which he was surrendered, or has returned to the requesting Party after leaving it.

2. If the description of the offence charged in the territory of the requesting Party is altered in the course of proceedings, the person extradited shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition.

3. A request for consent under this Article shall be accompanied by the relevant documents mentioned in Article 10, as well as by a record of any statement made by the extradited person in respect of the offence concerned.

ARTICLE 18
RE-EXTRADITION TO A THIRD STATE
1. Except in the circumstances referred to in Article 17, paragraph 1 (b), a person extradited under this Treaty shall not be surrendered to any third State for an offence committed before his surrender unless the requested Party consents to that surrender.

2. Before acceding to a request pursuant to paragraph 1 of this Article, the requested Party may request the production of the documents mentioned in Article 10.

ARTICLE 19
TRANSIT
1. Where a person is to be extradited to a Contracting Party from a third State through the territory of the other Contracting Party, the Contracting Party to which the person is to be extradited shall request the other Contracting Party to permit the transit of that person through its territory.

2. Upon receipt of such a request the requested Party shall grant the request unless it is satisfied that there are reasonable grounds for refusing to do so.

3. Permission for the transit of a person shall, subject to the law of the requested Party, include the custody of the person during transit.

4. Where a person is being held in custody pursuant to paragraph 3, the Contracting Party in whose territory