Document ID: chunk:federal_register_of_legislation:F1996B00353:body:0:p2
Version: federal_register_of_legislation:F1996B00353
Segment Type: other
Provision Reference: 
Character Range: 2713–5446

systems, or denominate the offence by the same terminology in their respective legal systems;
     (b) the totality of the acts or omissions alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the Contracting Parties, the constituent elements of the offence differ.
3. Where extradition of a person is sought for an offence against a law relating to taxation customs duties, foreign exchange control or other public revenue matter, extradition shall not be refused on the ground that the law of the Requested State does not impose the same kind of tax or duty or does not contain a tax, duty customs or exchange regulation of the same kind as the law of the Requesting State.
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 makes punishable an offence committed outside its territory in similar circumstances. Where the law of the Requested State does not make such an offence punishable, the Requested State may, in its discretion, grant extradition.

SCHEDULE—continued

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

EXCEPTIONS TO EXTRADITION

1. Extradition shall not be granted in any of the following circumstances:
     (a) if the offence for which extradition is sought is a political offence. The mere allegation of a political reason or motive for the commission of the offence shall not, of itself, render the offence an offence of a political character. Reference to a political offence, for the purposes of this paragraph shall not include:
        i. the taking or attempted taking of the life of a Head of State or a member of his or her family;
         ii. an offence against the law relating to genocide; or
         iii. any offence in respect of which the Contracting Parties have assumed or will assume an obligation to establish jurisdiction or to extradite pursuant to an international agreement to which they are both parties.
     (b) if there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account