Document ID: chunk:federal_register_of_legislation:F2013L01473:schedule:1:p7
Version: federal_register_of_legislation:F2013L01473
Segment Type: schedule
Provision Reference: sch 1 (pt 7/9)
Character Range: 17065–19875

shall be surrendered if extradition is granted and the Requesting Party so requests.

 2. Subject to paragraph 1 of this Article, the abovementioned property shall, if the Requesting Party so requests, be surrendered to the Requesting Party even if the extradition cannot be carried out, including but not limited to circumstances where the extradition cannot be carried out because of the death, disappearance or escape of the person sought.

 3. Where the law of the Requested Party or the rights of third parties so require, any articles so surrendered shall be returned to the Requested Party free of charge if that Party so requests.

 4. If the abovementioned property is required for an investigation or prosecution of an offence in the Requested Party, then the delivery of that property may be delayed until the completion of the investigation or prosecution, or it may be delivered on condition that it shall be returned after the conclusion of the proceedings in the Requesting Party.

ARTICLE 15
POSTPONEMENT OF EXTRADITION AND
TEMPORARY SURRENDER

 1. The Requested Party may postpone the surrender of a person in order to proceed against that person, or so that the person may serve a sentence, for an offence other than an offence constituted by conduct for which extradition is sought. In such cases the Requested Party shall advise the Requesting Party accordingly.

 2. When, in the opinion of the competent medical authority in the Requested Party, the person whose extradition is sought cannot be transported from the Requested Party to the Requesting Party without serious danger to the person's life due to grave illness, the surrender of the person shall be postponed until such time as the danger has been sufficiently mitigated.

 3. When the person is serving a sentence in the territory of the Requested Party for an offence other than an offence constituted by the conduct for which extradition is sought, the Requested Party may temporarily surrender the person to the Requesting Party to be prosecuted for an offence for which extradition is sought. The person so surrendered shall be kept in custody in the Requesting Party and shall be returned to the Requested Party after proceedings against the person have concluded, in accordance with written conditions to be mutually determined by the Parties.

ARTICLE 16
RULE OF SPECIALITY

 1. Subject to paragraph 2 of this Article, a person extradited under this Treaty shall not be detained, proceeded against or subject to the enforcement of a sentence in the territory of the Requesting Party for any offence committed before his or her extradition other than:

a)                   an offence for which extradition was granted;

b)                   any other extraditable offence provable on the same facts and punishable by