Document ID: chunk:federal_register_of_legislation:F1996B01249:body:0:p8
Version: federal_register_of_legislation:F1996B01249
Segment Type: other
Provision Reference: 
Character Range: 18201–20911

that State even if the extradition having been consented to cannot be carried out.

3. Where the law of the Requested State or the rights of third parties so require, any property so surrendered shall be returned to the Requested State free of charge if that State so requests.

Article XVII
Rule of Speciality

1. Subject to paragraph 2 of this Article, a person extradited under this Treaty shall not be detained or tried, or be subjected to any other restriction of personal liberty in the Requesting State for any offence committed before the extradition other than:
        SCHEDULE—continued

         (a) an offence for which extradition was granted, or any other extraditable offence of which the person could be convicted upon proof of the facts upon which extradition was based provided that that offence does not carry a penalty which is more severe than that which could be imposed for the offence for which extradition was requested; or
         (b) any other extraditable offence in respect of which the competent authority of the Requested State consents to the detention, trial or punishment of the person.  For the purposes of this sub-paragraph:
 (i) the Requested State may require the production of the documents mentioned in Article VIII; and
 (ii) the extradited person may be detained by the Requesting State for a period of ninety days, or for such longer period as consented to by the Requested State, while the request for consent is considered.

2. Paragraph 1 of this Article does not apply if the person has had an opportunity to leave the Requesting State and has not done so within 45 days of final discharge in respect of the offence for which the person was extradited or if the person has returned to the Requested State after leaving it.

Article XVIII
Re-Extradition to a Third State

1. A person surrendered in accordance with this Treaty may not be extradited to a third State for an offence committed before that person's surrender unless the State which surrendered that person consents to the re-extradition.

2. Paragraph 1 of this Article does not apply if the person has had an opportunity to leave the State to which that person was surrendered and has not done so within 45 days of final discharge in respect of the offence for which the surrender was granted or if the person has returned to that State after leaving it.
SCHEDULE—continued

3. The Requested State may request the production of the documents mentioned in Article VIII in relation to any request for consent made pursuant to paragraph 1 of this Article.

Article XIX
Voluntary Surrender

If the person sought voluntarily consents to being surrendered to the Requesting State, the Requested State