Document ID: chunk:federal_register_of_legislation:F1998B00379:body:0:p7
Version: federal_register_of_legislation:F1998B00379
Segment Type: other
Provision Reference: 
Character Range: 15266–17989

of this Article, the Requested State shall notify the Requesting State forthwith.

Article 9
Conflicting requests

1. Where requests are received from two or more States for the extradition of the same person, in relation to the same offence or to different offences, 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 time and place of commission of each offence;

       (c) the respective dates of the requests;

       (d) the nationality of the person;

       (e) the ordinary place of residence of the person; and

       (f) the existence of a treaty on extradition.

Article 10
Surrender

1. The Requested State shall, as soon as a decision on the request for extradition has been made in accordance with the law of that State, communicate that decision to the Requesting State through the diplomatic channel. Reasons shall be given for any total or partial refusal.

2. Where extradition is granted, the Requested State shall surrender the person from a point of departure in its territory convenient to the Requesting State.

3. The Requesting State shall remove the person from the territory of the Requested State within 45 days from the date on which the person was placed at the disposal of the Requesting State and, if the person is not removed within that period, the Requested State may refuse to extradite the person for the same offence.

4. If circumstances beyond its control prevent a Contracting State from surrendering or removing the person to be extradited it shall notify the other Contracting State. The two Contracting States shall mutually decide upon a new date of surrender, and the provisions of paragraph 3 of this Article shall apply.

Article 11
Surrender of property

1. To the extent permitted under the law of the Requested State and subject to the rights of third parties, which shall be duly respected, all property found in the Requested State that has been acquired as a result of the offence or may be required as evidence shall, if the Requesting State so requests, be surrendered if extradition is granted.

2. Subject to paragraph 1 of this Article, the abovementioned property shall, if the Requesting State so requests, be surrendered to the Requesting State even if the extradition cannot be carried out owing to the death or escape of the person sought.

3. Where the law of the Requested State or the