Document ID: chunk:federal_register_of_legislation:F1996B00826:body:0:p3
Version: federal_register_of_legislation:F1996B00826
Segment Type: other
Provision Reference: 
Character Range: 5119–7842

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) when the offence for which extradition is requested is an offence only under military law;
   d) where the person whose extradition is requested has, according to the law of either State, become immune from prosecution or punishment by reason of lapse of time;
   e) when the competent authorities of the government of the requested State have decided to refrain from prosecuting the person whose surrender is sought for the offence in respect of which extradition is requested;
   f) when a prosecution in respect of the offence for which extradition is requested is pending in the requested State against the person whose surrender is sought;
   g) when the offence for which extradition is requested is regarded under the law of the requested State as having been committed in whole or in part within that State; or
   h) where final judgement has been passed in the requested State or in a third State in respect of the offence for which the person's surrender is sought.

2. Extradition may be refused in any of the following circumstances:
SCHEDULE—continued
   a) if the offence for which extradition is requested is punishable by death under the law of the requesting State, and if in respect of such offence the death penalty is not provided for by the law of the requested State or is not normally carried out, unless the government of the requesting State gives such assurance as the government of the requested State considers sufficient that the death penalty will not be carried out;
   b) when the offence for which extradition is requested is regarded by the law of the requested State as a revenue offence. For the purpose of this exception, "revenue offence" means an offence in connection with taxes, customs or other duties or exchange control;
   c) if the surrender is likely to have exceptionally serious consequences for the person whose extradition is sought particularly as regards that person's age or state of health.

3. This article shall not affect any obligations which have been or shall in the future be assumed by the contracting Parties under any multilateral convention.

Article 5
Postponement of surrender
The government of the requested State may, after making its decision on the request for extradition, postpone the surrender of a person whose extradition is sought in order to proceed against the person, or so that the person may serve a sentence, for an offence other than an offence constituted by an act or omission for which extradition is requested