Document ID: chunk:federal_register_of_legislation:F1999B00194:body:0:p2
Version: federal_register_of_legislation:F1999B00194
Segment Type: other
Provision Reference: 
Character Range: 2679–5462

Contracting Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology;

        (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 is sought for an offence against a law relating to taxation, customs duties, foreign exchange or other revenue matter, extradition may not be refused on the ground that the law of the Requested Party 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 Party.

4. Where the offence has been committed outside the territory of the Requesting Party, extradition shall be granted where the law of the Requested Party provides for the punishment of an offence committed outside its territory in similar circumstances.  Where the law of the Requested Party does not so provide, the Requested Party may, in its discretion, grant extradition.

5. Extradition shall 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 under the laws of both Contracting Parties at the time of the acts or omissions constituting the offence; and

        (b) it was an offence under the laws of both Contracting Parties at the time the request for extradition was made.

         Article 3
         Exceptions to extradition

1. Extradition shall not be granted if:

        (a) the offence for which extradition is sought is a political offence.  Reference to a political offence shall not include the taking or attempted taking of the life of a Head of State or a member of that person's family;

        (b) 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 of that person's race, religion, nationality or political opinion or that that person's position may be prejudiced for any of those reasons;

        (c) the offence for which extradition is sought is an offence exclusively under military law;

        (d) final judgement has been passed in the Requested Party or in a third state in respect of the offence for which the person's extradition is sought;

        (e) the person claimed has, according to the law of either the Requesting or the Requested Party, become immune by reason of lapse of time from prosecution or the execution of the penalty or punishment; or

        (f)