Document ID: chunk:federal_register_of_legislation:F1999B00194:body:0:p6
Version: federal_register_of_legislation:F1999B00194
Segment Type: other
Provision Reference: 
Character Range: 12876–15615

extradition to another State.

         Article 9
         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.

2. Subject to the provisions of Article 10, where extradition is granted, the Requested Party shall surrender the person at a place convenient to the Requesting Party.

3. The Requesting Party shall remove the person from the territory of the Requested Party within such reasonable period as the Requested Party specifies and, if the person is not removed within that period, the Requested Party may refuse to extradite that person for the same offence.

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

         Article 10
         Postponement of surrender and temporary surrender

1. The Requested Party may, after making its decision on the request for extradition, postpone the surrender of the person claimed in order that he or she may be proceeded against by that Party or, if he or she has already been convicted, in order that he or she may serve his or her sentence in the territory of that Party for an offence other than that for which extradition is requested.

2. The Requested Party may, instead of postponing surrender, temporarily surrender the person claimed to the Requesting Party in accordance with conditions to be mutually determined by the Parties.

    Article 11
    Surrender of property

1. To the extent permitted under the law of the Requested Party and subject to the rights of third parties, which shall be duly respected, all property found in 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 property mentioned in paragraph 1 shall be handed over even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person claimed or for other reasons.

3. Where the law of the Requested Party or the rights of third parties so require, any articles so surrendered shall be returned to the Requested Party free of charge if that Party so requests.

Article 12
Rule of speciality

1. Subject to paragraph 3, a person extradited under this Treaty shall not be detained or tried, or be subjected to any other restriction of his or her personal liberty, in the territory of the Requesting Party for any offence committed before