Document ID: chunk:federal_register_of_legislation:F2010L00601:body:0:p8
Version: federal_register_of_legislation:F2010L00601
Segment Type: other
Provision Reference: 
Character Range: 17930–20665

investigation or prosecution of an offence in the Requested State, then the delivery of that property may be delayed until the completion of the investigation or prosecution, or it may be delivered on condition that it shall be returned after the conclusion of the proceedings in the Requesting State.

4.  Where property is delivered on a condition referred to in paragraph 3 of this Article, it shall be returned to the Requested State free of charge.

ARTICLE 13
POSTPONEMENT OF EXTRADITION
AND TEMPORARY SURRENDER

1. The Requested State may postpone the surrender of a person in order to proceed against that person, or so that that person may serve a sentence, for an offence other than an offence constituted by an act or omission for which extradition is sought.  In such case the Requested State shall advise the Requesting State accordingly.

2. When the person is serving a sentence in the territory of the Requested State for an offence other than an offence constituted by an act or omission for which extradition is sought, the Requested State may temporarily surrender the person to the Requesting State to be prosecuted for an offence for which extradition is sought.  The person so surrendered shall be kept in custody in the Requesting State and shall be returned to the Requested State after proceedings against the person have concluded, in accordance with written conditions to be mutually determined by the States.

3. When, in the opinion of the competent medical authority in the Requested State, the person whose extradition is sought cannot be transported from the Requested State to the Requesting State without serious danger to the person's life due to grave illness, the surrender of the person shall be deferred until such time as the danger, in the opinion of the competent medical authority, has been sufficiently mitigated.

ARTICLE 14
RULE OF SPECIALITY

1. A person extradited under this Treaty shall not be proceeded against, sentenced, detained, or subjected to any other restriction of personal liberty in the territory of the Requesting State for any offence committed before surrender other than:

         (a) an offence for which extradition is granted;

         (b) any other offence in respect of which the Requested State consents. Consent shall be given if the offence for which it is requested is itself subject to extradition in accordance with this Treaty.

2. A request for the consent of the Requested State under this Article shall be accompanied by the documents mentioned in paragraph 2 of Article 6 of this Treaty and a legal record of any statement made by the extradited person with respect to the offence.

3. Paragraph 1 of this Article shall not apply if the person has had