Document ID: chunk:federal_register_of_legislation:F1996B01249:body:0:p7
Version: federal_register_of_legislation:F1996B01249
Segment Type: other
Provision Reference: 
Character Range: 15659–18430

the States it shall surrender the person.  In making its determination it shall take into account, inter alia, the following factors:
         (a) if the requests relate to different offences, the relative seriousness of the offences;
         (b) the time and place of the commission of each offence;
         (c) the respective dates of the requests;
         (d) the nationality of the person; and
         (e) the ordinary place of residence of the person.

Article XIV
Decision and Surrender

1. The Requested State shall, as soon as a decision on the request for extradition has been made, communicate that decision to the Requesting State.

2. Where extradition is granted, the authorities of the Contracting States shall mutually decide on the date and place of surrender of the person sought.

3. If the person sought is not removed from the territory of the Requested State within the time set in accordance with paragraph 2 of this Article, that person may, subject to paragraph 4 of this Article, be set at liberty and the Requested State may subsequently refuse to extradite that person for the same offence.

4. If circumstances beyond its control prevent a Contracting State from surrendering or removing the person, it shall notify the other Contracting State.  The two Contracting States shall mutually decide upon a new date of surrender, and the provisions of paragraph 3 of this Article shall apply.

SCHEDULE—continued

Article XV
Postponement of Surrender

1. Notwithstanding the provisions of Article XIV, the surrender of the person sought may be postponed:
         (a) when the person sought is the subject of criminal proceedings or is serving a sentence in the Requested State, until the final discharge or release of the person; and
         (b) when for reasons of the health of the person sought the removal could endanger the life of that person, until such danger no longer exists.

2. In either case, the Requested State shall advise the Requesting State of the postponement and the reasons therefor.

Article XVI
Surrender of Property

1. To the extent permitted under the law of the Requested State, and subject to the rights of third parties which shall be duly respected, all property found in the Requested State that has been acquired as a result of the offence or may be required as evidence shall, if the Requesting State so requests, be surrendered if extradition is granted.
2. The property mentioned in paragraph 1 of this Article shall, if the Requesting State so requests, be surrendered to that State even if the extradition having been consented to cannot be carried out.

3. Where the law of the Requested State or the rights of third parties so require, any property so surrendered shall be returned to the Requested