Document ID: chunk:federal_register_of_legislation:F2004C00077:body:0:p6
Version: federal_register_of_legislation:F2004C00077
Segment Type: other
Provision Reference: 
Character Range: 12467–15187

the person is to be extradited and shall notify the requesting Party of its decision.

2. In determining to which State a person is to be extradited, the requested Party 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 time and place of commission of each offence;

 (c) the respective dates of the requests;

 (d) the nationality and ordinary place of residence of the person; and

 (e) the possibility of subsequent extradition to another State.

ARTICLE 15
SURRENDER
1. The requested Party shall, as soon as a decision on the request for extradition has been made, communicate that decision to the requesting Party through the diplomatic channel. Reasons shall be given for any complete or partial rejection.

2. Where extradition is granted the requested Party shall surrender the person from a point of departure in its territory convenient to the requesting Party.

3. The requesting Party shall take the person from the territory of the requested Party within such reasonable period as the requested Party specifies and, if the person is not taken from the said territory within that period, the requested Party may refuse to extradite him for the same offence.

4. If circumstances beyond its control prevent a Party from complying with the date of surrender, it shall notify the other Party. The Contracting Parties shall agree upon a new date of surrender, and the provisions of paragraph 3 of this Article shall apply.

ARTICLE 16
SURRENDER OF PROPERTY
1. To the extent permitted under the law of the requested Party and subject to the rights of third persons, which shall be duly respected, all property found in the territory of the requested Party that has been acquired as a result of the offence or may be required as evidence shall, if the requesting Party so requests, be surrendered if extradition is granted.

2. The abovementioned property shall, if the requesting Party so requests, be surrendered to the requesting Party even if the extradition, having been consented to, cannot be carried out owing to the death or escape of the person sought.

3. If the property in question is liable to seizure or confiscation in the territory of the requested Party, the requested Party may, in connection with pending proceedings, temporarily retain it or hand it over on condition that it is returned without charge.

4. Where the rights of the requested Party or of third persons so require, any property surrendered under this Article shall be returned to the requested Party free of charge, if that Party so requests.

ARTICLE 17
RULE OF SPECIALITY
1. A person extradited under