Document ID: chunk:federal_register_of_legislation:F1997B01933:body:0:p2
Version: federal_register_of_legislation:F1997B01933
Segment Type: other
Provision Reference: 
Character Range: 2616–5317

not matter whether the laws of the 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 requested 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 the offence for which extradition is requested has been committed outside the territory of the Requesting State extradition shall be granted, subject to the provisions of this Treaty:
    (a) if the person whose extradition is requested is a national of the Requesting State; or
    (b) if the law of the Requested State provides for the punishment of an offence committed outside its territory in similar circumstances.
4. Where extradition of a person is requested for an offence against a law relating to taxation, duties, customs, foreign exchange control, extradition shall not be refused on the ground that the law of the Requested Slate 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.
5. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is requested was committed, provided that:

SCHEDULE—continued

    (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 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

NATIONALS

1. The Requested State shall have the right to refuse to extradite its nationals, and shall refuse to do so, if its constitution or its law so require.
2. Where the Requested State refuses to extradite a person on the ground that the person is a national of the Requested State, it shall, if the Requesting State so requests and the laws of the Requested State allow, submit the case to the competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been requested may be taken.

ARTICLE 4

EXCEPTIONS TO EXTRADITION

1. Extradition shall not be granted if:
    (a) the offence for which extradition is requested is regarded by the Requested State as a political offence, provided that offences which are not political offences according to
        (i) the law of the Requested State;