Document ID: chunk:federal_register_of_legislation:F2002B00241:body:0:p3
Version: federal_register_of_legislation:F2002B00241
Segment Type: other
Provision Reference: 
Character Range: 5220–8059

transferring State;
 (g) the transferring and receiving States and the offender all agree to the transfer; provided that, where in view of his age or physical or mental condition either Party considers it necessary, the offender's consent may be given by a person entitled to act on his behalf.

ARTICLE 4
PROCEDURE FOR TRANSFER

 (1) Both Parties shall endeavour to inform such persons as are within the scope of the present Agreement of the substance of the Agreement.

 (2) Every transfer under this Agreement shall be commenced through diplomatic channels by a written request from the receiving State to the transferring State. The transferring State shall inform the receiving State of its decision through diplomatic channels and, if it approves the request, initiate procedures to effectuate the transfer.

 (3) The transferring State shall provide the receiving State with the following information:
 (a) a statement of the facts upon which the sentence was based;
 (b) the termination date of the sentence, the length of time already served by the offender and any credits to which he is entitled including on account of good behaviour, pre‑trial confinement or other reasons;
 (c) a certified copy of all judgments and sentences concerning the offender from the date of his detention in the transferring State, and the law on which they are based;
 (d) any other additional information requested by the receiving State.

 (4) Either Party shall, as far as possible, provide the other Party, if it so requests, with any relevant information, documents or statements before making a request for transfer or taking a decision on whether or not to agree to the transfer.

 (5) The transferring State shall afford an opportunity to the receiving State, if the receiving State so desires, to verify through an official designated by the receiving State, prior to the transfer, that the offender's consent to the transfer in accordance with Article 3 (g) of this Agreement is given voluntarily and with full knowledge of the consequences thereof.

 (6) Delivery of the offender by the authorities of the transferring State to those of the receiving State shall occur on a date and at a place within the transferring State as agreed upon by both Parties.

 (7) Each Party shall designate a competent authority to administer the requests for transfer for the purposes of this Agreement.

ARTICLE 5
RETENTION OF JURISDICTION

 In respect of sentences to be enforced pursuant to this Agreement, the transferring State shall retain exclusive jurisdiction regarding the judgments of its courts, the sentences imposed by them, and any procedures for revision, modification or cancellation of those judgments and sentences.

ARTICLE 6
PROCEDURE FOR ENFORCEMENT OF SENTENCE

 (1) The continued enforcement of the sentence after transfer shall