Document ID: chunk:federal_register_of_legislation:F1996B01249:body:0:p2
Version: federal_register_of_legislation:F1996B01249
Segment Type: other
Provision Reference: 
Character Range: 2720–5486

shall not matter whether the laws of the Contracting States classify the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology; and
         (b) the totality of the acts or omissions alleged against the person sought shall be taken into account and it shall not matter whether, under the laws of the Contracting States, the constituent elements of the offence differ.

4. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matter, extradition may not be refused on the ground that the law of the Requested State does not impose the same kind of

SCHEDULE—continued

tax or duty or does not contain a tax, duty, customs or exchange regulation of the same kind as the law of the Requesting State.
5. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is requested was committed provided that:
         (a) it was an offence in the Requesting State at the time of the acts and omissions constituting the offence; and
         (b) the acts and omissions alleged would, if they had taken place in the territory of the Requested State at the time of the making of the request for extradition, have constituted an offence against the law in force in that State.

6. Where the request for extradition relates to a person convicted of an extraditable offence who is wanted for the enforcement of a sentence of deprivation of liberty, extradition shall be granted only if a period of at least six months remains to be served.

        Article III
        Jurisdiction

1. An offence may be an extraditable offence regardless of where the acts or omissions which constitute the offence were committed.

2. Where the offence has been committed outside the territory of the Requesting State extradition shall be granted where the law of the Requested State provides for the exercise of jurisdiction over an offence committed outside its territory in similar circumstances.  Where the law of the Requested State does not so provide the Requested State may, in its discretion, grant extradition.

        Article IV
        Exceptions to Extradition

1. Extradition shall not be granted if the offence for which it is requested is an offence of a political nature.  The following offences shall not be considered offences of a political nature:

        SCHEDULE—continued

         (a) the murder or other 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