Document ID: chunk:federal_register_of_legislation:F1997B01931:body:0:p10
Version: federal_register_of_legislation:F1997B01931
Segment Type: other
Provision Reference: 
Character Range: 22398–25173

than one such period, the aggregate of such periods is at least four months.
(2) If extradition is granted for an offence described in paragraph 1 of this Article, extradition may, insofar as the law of the requested State allows, also be granted for other offences which, by reason of the penalty prescribed or the period of deprivation of liberty imposed and remaining to be served, would not otherwise be extraditable pursuant to this Treaty.
(3) For the purpose of this Article—
     (a) it shall not matter whether the laws of the Contracting Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same or similar terminology;
     (b) in determining whether an offence is an offence for which extradition may be granted, the totality of the acts or omissions alleged against the person whose surrender is sought, shall be taken into account and it shall not matter whether, under the laws of both Contracting Parties, the offence comprises the same elements.
(4) Where the offence has been committed outside the territory of the requesting State extradition shall be granted where the law of the requested State provides for the exercise of jurisdiction over an offence committed outside its territory in similar circumstances. Where the law of the requested State does not so provide the requested State may, in its discretion, grant extradition.
(5) Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is sought was committed, provided that—
     (a) it was an offence in the requesting State at the time of the acts or omissions constituting the offence; and
     (b) the acts or omissions alleged would, if they had taken place in the territory of the requested State at the time of the making of the request for extradition, have constituted an offence against the law in force in that State".

ARTICLE 3
The text of Article 4, paragraph (1), sub-paragraph (b), shall be replaced by the following:
     "(b) he has acquired exemption from prosecution or punishment by lapse of time or other lawful cause in respect of the act or omission constituting

SCHEDULE 2—continued

           the offence for which extradition is requested: for the purposes of this sub-paragraph the statutory provisions of the requesting State alone shall be relevant;".

ARTICLE 4
    The text of Article 11 of the Treaty shall be replaced by the following:

"ARTICLE 11
    (1) A request for extradition shall be made in writing. All documents furnished in support of a request for extradition shall be duly authenticated.
    (2) The request for extradition shall be accompanied—
          (a) if the person is accused or has