Document ID: chunk:federal_register_of_legislation:F1996B00572:body:0:p9
Version: federal_register_of_legislation:F1996B00572
Segment Type: other
Provision Reference: 
Character Range: 20360–23077

evidence shall, if the Requesting Party so requests, be surrendered if the extradition is granted.

2. Subject to paragraph 1 of this Article, the above mentioned property shall, if the Requesting Party so requests, be surrendered to the Requesting Party 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 Party or the rights of third parties so require, any articles so surrendered shall be returned to the Requested Party free of charge if that Party so requests.

Article 18
Transit

1. Transit through the territory of one of the Contracting Parties of a person surrendered by a third State shall be granted on request made through the diplomatic channel by the other Contracting Party.  The request shall include information concerning:

(a)  the nationality of the person being surrendered;

(b) the offences for which surrender has been granted;

SCHEDULE—continued

    (c) a copy of, or details of, the order of surrender made by the third State; and

    (d) details of the punishment which can be imposed for the offences for which surrender has been granted.

2. The request for transit may be denied for any reason for which extradition may be refused under this Treaty or if granting the request would be contrary to ordre public.

3. Permission for the transit of a person shall, subject to the law of the Requested Party, include permission for the person to be held in custody during transit.

4. Where a person is being held in custody pursuant to paragraph 2 of this Article, the Contracting Party in whose territory the person is being held may direct that the person be released if transportation is not continued within a reasonable time.

5. The Contracting Party to which the person is being extradited shall reimburse the other Contracting Party for any expenses incurred by that other Contracting Party in connection with the transit.

6. No authorisation for transit shall be required when air transport is to be used and no landing is scheduled in the territory of the transit State.

7. If an unscheduled landing occurs in the territory of one Contracting Party, the other Party shall furnish a request for transit as provided for in paragraph 1 of this Article.  The State of transit shall detain the person being extradited until the transportation is continued provided that the request for transit is received within 96 hours of the unscheduled landing.

SCHEDULE—continued

Article 19
Concurrent requests

1. Where requests are received from two or more States for the extradition of the same person either for the same offence or for different offences, the Requested Party shall determine to which of