Document ID: chunk:federal_register_of_legislation:F2010L01912:body:0:p6
Version: federal_register_of_legislation:F2010L01912
Segment Type: other
Provision Reference: 
Character Range: 12717–15498

diplomatic channels. The facilities of the International Criminal Police Organisation (Interpol) may be used to transmit such a request.

2. The application for provisional arrest shall contain:

       a. a description of the person sought;

       b. the location of the person sought, if known;

       c. a brief statement of the facts of the case, including, if possible, the time and location of the offence;

       d. a description of the laws violated;

       e. a statement of the existence of a warrant of arrest, or a finding of guilt or judgment of conviction against the person sought; and

       f. a statement that a request for extradition for the person sought will follow.

3. The Requesting State shall be notified without delay of the action taken on its application and the reasons for any denial.

4. A person who is provisionally arrested may be released from custody on the expiration of sixty (60) days from the date of provisional arrest pursuant to this Treaty if the executive authority of the Requested State has not received the formal request for extradition and the supporting documents required in Article 7.

5. The fact that the person sought has been released from custody pursuant to paragraph 4 of this Article shall not prejudice the subsequent re‑arrest and extradition of that person, if the extradition request and supporting documents are delivered at a later date.

ARTICLE 11
CONCURRENT REQUESTS

1. Where requests are received from two or more States for the extradition of the same person, the Requested State shall determine to which of those States the person is to be extradited and shall notify the Requesting States of its decision.

2. In determining to which State a person is to be extradited, the Requested State shall have regard to all relevant circumstances and, in particular, to:

       a. if the requests relate to different offences - the relative seriousness of the offences;

       b. the existence of an extradition treaty with the other State or States;

       c. the time and place of commission of each offence;

       d. the respective dates of the requests;

       e. the nationality of the person; and

       f. the ordinary place of residence of the person.

ARTICLE 12
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 Requested State shall surrender the person at a time, and from a point of departure in its territory as may be decided in consultation with the Requesting State.

3. The Requesting State shall remove the person from the territory of the Requested State within such reasonable period as the Requested State may specify and, if the