Document ID: chunk:federal_register_of_legislation:F1997B01933:body:0:p8
Version: federal_register_of_legislation:F1997B01933
Segment Type: other
Provision Reference: 
Character Range: 17712–20408

its application.
4. A person arrested upon an application for provisional arrest may be set at liberty upon the expiration of 30 days from the date of the arrest if a request for extradition has not been received.
5. The release of a person pursuant to paragraph 4 of this Article shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.

ARTICLE 12

SURRENDER

1. The Requested State shall, as soon as a decision on the request for extradition has been made, communicate that decision to the Requesting State through the diplomatic channel. Reasons shall be given for refusal, in whole or in part, of a request.
2. Where extradition is granted, the person shall be removed from the Requested State from a point of departure in that State convenient to the Contracting Parties.
3. The Requesting State shall remove the person from the Requested State within such reasonable period as the Requested State specifies and, if the person is not removed within that period, the person may be released and the Requested State may refuse to extradite the 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 of this Article shall apply.

ARTICLE 13

POSTPONED AND TEMPORARY SURRENDER

1. The Requested State may postpone the surrender of a person in order to proceed against the person, or so that the person may serve a sentence, for an offence other than an offence constituted by an act or omission for which extradition is requested. In such cases the Requested State shall advise the Requesting State accordingly.
2. To the extent permitted by its law, the Requested State may temporarily surrender the person sought to the Requesting State in accordance with conditions to be determined between the Contracting Parties.

ARTICLE 14

SURRENDER OF PROPERTY

1. To the extent permitted under the law of the Requested State and subject to the rights of third parties, which shall be duly respected, all property found in the Requested State that has been acquired as a result of the offence or may be required as evidence shall, if the Requesting State so requests, be surrendered if extradition is granted.
2. The property mentioned in paragraph 1 of this Article shall, if the Requesting State so requests, be surrendered to the Requesting State even if the extradition, having been consented to, cannot be carried out.
3. Where the law of the Requested State or