Document ID: chunk:federal_register_of_legislation:F1996B01249:body:0:p3
Version: federal_register_of_legislation:F1996B01249
Segment Type: other
Provision Reference: 
Character Range: 5271–8039

attack against the person of a Head of State or Head of Government or of any member of the family of a Head of State or Head of Government;

         (b) any offence in respect of which both Contracting Parties have an obligation in accordance with a multilateral agreement either to surrender the person sought or to submit the case to the jurisdiction of their competent authorities for decision as to prosecution; and
         (c) any attempt, conspiracy to commit, or aiding, abetting, counselling or procuring, or acting as an accessory before or after the fact to any of the offences mentioned in sub-paragraphs (a) and (b).

2. Extradition shall not be granted where there are substantial grounds for believing that the request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing the person sought 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.

3. Extradition shall not be granted when the person sought has been tried or sentenced or is to be tried or sentenced before an extraordinary or ad hoc tribunal of the Requesting State.

4. Extradition shall not be granted when the offence for which extradition is sought is an offence under military law, which is not an offence under the ordinary criminal law of the Contracting States.

5. Extradition shall not be granted when the person sought cannot be prosecuted or convicted by reason of any limitation, including the lapse of time, prescribed or imposed by the law of either Contracting State.

        SCHEDULE—continued

        Article V
        Non bis in idem

1. Extradition shall not be granted when the person sought has been convicted or acquitted in the Requested State or in a third state or is the beneficiary of an amnesty or pardon in respect of the same offence for which extradition is requested.

2. Subject to paragraph 1 of this Article, extradition may be granted notwithstanding the fact that the authorities of the Requested State have decided not to prosecute the person sought or to terminate any criminal proceedings pending against that person in respect of the offence for which  extradition is requested.

        Article VI
        Nationality

Extradition may be refused when the person sought is a national of the Requested State.  When the Requested State refuses extradition of one of its nationals, it shall submit the case, if the Requesting State so requests and the laws of the Requested State allow, to its competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been requested, may be taken.

        Article VII