Document ID: chunk:federal_register_of_legislation:F2010L01778:body:0:p7
Version: federal_register_of_legislation:F2010L01778
Segment Type: other
Provision Reference: 
Character Range: 15069–17748

same person, the Requested State shall determine to which of those States the person is to be extradited and shall notify the Requesting States of its decision.

2. In determining to which State a person is to be extradited, the Requested State shall have regard to all relevant circumstances and, in particular to:

(a) if the requests relate to different offences, the relative seriousness of the offences;

(b) the time and place of commission of each offence;

(c) the respective dates of the requests;

(d) the nationality of the person; and

(e) the ordinary place of residence of the person.

Article 10
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 or consular channel.

2. Where extradition is granted, the Requested State shall surrender the person from a point of departure in its territory convenient to the Requesting State.

3. The Requesting State shall remove the person from the territory of the Requested State within 45 days from the date on which the person was placed at the disposal of the Requesting State and, if the person is not removed within that period, the Requested State may refuse to extradite the person for the same offence.

4. If circumstances beyond its control prevent a Contracting State from surrendering or removing the person to be extradited it shall notify the other Contracting State. The two Contracting States shall mutually decide upon a new date of surrender, and the relevant provisions of paragraph 3 of this Article shall apply.

Article 11
Surrender of property

1. 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. The surrender of property is subject always to the rights of third parties and the law of the Requested State.

2. Subject to paragraph 1 of this Article, the abovementioned property shall, if the Requesting State so requests, be surrendered to the Requesting State even if the extradition cannot be carried out owing to the death or escape of the person sought.

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

Article 12
Rule of speciality

1. A person extradited under this Treaty shall not be detained, tried or punished in the territory of the Requesting State for an offence, committed prior to the date of the request for extradition, other than the offence for