Document ID: chunk:federal_register_of_legislation:F1997B01930:body:0:p2
Version: federal_register_of_legislation:F1997B01930
Segment Type: other
Provision Reference: 
Character Range: 2658–5455

or denominate 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 Contracting Parties, the constituent elements of the offence differ.
3. 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 law of the Requested State does not impose the same tax or duty or does not contain regulations similar to those of the Requesting State with respect to those matters.

SCHEDULE—continued

4. Extradition shall be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is sought was commuted, provided that:
       a) it was an offence under the laws of both Contracting Parties at the time of the acts or omissions constituting the offence: and
       b) it was an offence under the laws of both Contracting Parties at the time the request for extradition was made.
5. Where the offence has been committed outside the territory of the Requesting State, extradition shall be granted where the law of the Requested State provides for the punishment of an offence committed outside its territory in similar circumstances.

ARTICLE 3

EXCEPTIONS TO EXTRADITION

1. Extradition shall not be granted in any of the following circumstances:
       a) if the Requested State determines that the offence for which extradition is requested is a political offence. The mere allegation of a political reason or motive for the commission of the offence shall not of itself render the offence an offence of a political character. Reference to a political offence, for the purpose of this paragraph, shall not include:
            i) an attack on the life of a Head of State or a member of that person's family;
            ii) an offence relating to any law against genocide; or
            iii) any offence in respect of which the Contracting Parties have assumed or will assume an obligation to establish jurisdiction or to extradite pursuant to an 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 a purely military offence which is not punishable under the ordinary criminal law of the Contracting Parties:
       d) if