Document ID: chunk:federal_register_of_legislation:F2006L03650:body:0:p9
Version: federal_register_of_legislation:F2006L03650
Segment Type: other
Provision Reference: 
Character Range: 19802–22528

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 13
RULE OF SPECIALITY

1. Subject to paragraph 3, a person extradited under this Treaty shall not be detained or tried, or be subjected to any other restriction of her or his personal liberty, in the territory of the Requesting Party for any offence committed before her or his extradition other than:

(a) an offence for which extradition was granted or any other extraditable offence of which the person could be convicted upon proof of the facts upon which the request for extradition was based, provided that that offence does not carry a penalty which is more severe than that which could be imposed for the offence for which extradition was sought; or

(b) any other extraditable offence in respect of which the Requested Party consents.

2. A request for the consent of the Requested Party under this Article shall be accompanied by such of the documents mentioned in Article 4 as are sought by the Requested Party.

3. Paragraph 1 does not apply if the person has had an opportunity to leave the Requesting Party and has not done so within 45 days of final discharge in respect of the offence for which that person was extradited or if the person has returned to the territory of the Requesting Party after leaving it.

ARTICLE 14
SURRENDER TO A THIRD STATE AND RESURRENDER

1. A person who has been extradited under this Treaty shall not be re‑extradited by the Requesting Party to a third State for trial or punishment for any offence that was committed before his extradition to the Requesting Party unless the Requested Party consents to that surrender.

2. To the extent permitted by the laws of the Requesting Party, a person who has been extradited under this Treaty shall not be resurrendered by the Requesting Party to an international tribunal established in accordance with a multilateral international convention that applies to the Requesting Party for trial or punishment for any offence that was committed before his extradition to the Requesting Party unless:

(a) the Requested Party consents to that surrender; and

(b) if under the convention, the consent of another State is required, that State consents.

3. Paragraph 1 or 2 shall not prevent the re‑extradition or resurrender of an extradited person to a third State or the relevant international tribunal established in accordance with a multilateral international convention that applies to the Requesting Party if –

(a) that person leaves the territory of the Requesting Party after the extradition and voluntarily