Document ID: chunk:federal_register_of_legislation:F2003B00239:body:0:p6
Version: federal_register_of_legislation:F2003B00239
Segment Type: other
Provision Reference: 
Character Range: 12823–15517

Party 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 Party 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; and

       (e) the ordinary place of residence of the person.

Article 10
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.  Reasons shall be given for any complete or partial rejection.

2. If the request is agreed to, the Requesting Party shall be informed of the place and date of surrender and of the length of time for which the person sought was detained for the purposes of extradition.

3. Subject to the provisions of paragraph 4 of this Article, if the person sought has not been taken over on the appointed date, that person may be released after the expiry of 30 days, and shall in any case be released after the expiry of 45 days.  The Requested Party may refuse to extradite that person for the same offence.

4. If circumstances beyond its control prevent a Party from surrendering or taking over the person to be extradited, it shall notify the other party.  The two Parties 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. Upon the request of the Requesting Party, the Requested Party, subject to its laws and interests of third parties, shall seize and surrender the following property and valuables:

       (a) property which has been used in committing the crime or which may be required as evidence; and

       (b) property and valuables which have been acquired as a result of the offence and were found in the possession of the person sought at the time of arrest or detention, or which are discovered subsequently.

2. If possible, the property specified in paragraph 1 of this Article shall be delivered to the Requesting Party at the same time as the surrender of the person extradited.  Property and valuables seized under paragraph 1 shall be delivered even if extradition already granted cannot be carried out owing to the death or escape of the person sought.

3. The said property and valuables can be temporarily retained for proceedings pending in the territory of the