Document ID: chunk:federal_register_of_legislation:F2008C00146:body:0:p3
Version: federal_register_of_legislation:F2008C00146
Segment Type: other
Provision Reference: 
Character Range: 5089–7797

which the sentence has been imposed constitute a criminal offence according to the law of the administering State or would constitute a criminal offence if committed on its territory; and
 f if the sentencing and administering States agree to the transfer.

 2 In exceptional cases, Parties may agree to a transfer even if the time to be served by the sentenced person is less than that specified in paragraph 1.c.

 3 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, indicate that it intends to exclude the application of one of the procedures provided in Article 9.1.a and b in its relations with other Parties.

 4 Any State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, define, as far as it is concerned, the term "national" for the purposes of this Convention.

     Article 4 – Obligation to furnish information

 1 Any sentenced person to whom this Convention may apply shall be informed by the sentencing State of the substance of this Convention.

 2 If the sentenced person has expressed an interest to the sentencing State in being transferred under this Convention, that State shall so inform the administering State as soon as practicable after the judgment becomes final.

 3 The information shall include:
 a the name, date and place of birth of the sentenced person;
 b his address, if any, in the administering State;
 c a statement of the facts upon which the sentence was based;
 d the nature, duration and date of commencement of the sentence.

 4 If the sentenced person has expressed his interest to the administering State, the sentencing State shall, on request, communicate to the State the information referred to in paragraph 3 above.

 5 The sentenced person shall be informed, in writing, of any action taken by the sentencing State or by the administering State under the preceding paragraphs, as well as of any decision taken by either State on a request for transfer.

     Article 5 – Requests and replies

 1 Requests for transfer and replies shall be made in writing.

 2 Requests shall be addressed by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State. Replies shall be communicated through the same channels.

 3 Any Party may, by a declaration addressed to the Secretary General of the Council of Europe, indicate that it will use other channels of communication.

 4 The requested State shall promptly inform the requesting State of its decision whether or not to agree to the requested transfer.

     Article 6 –