Document ID: chunk:federal_register_of_legislation:F1997B01930:body:0:p7
Version: federal_register_of_legislation:F1997B01930
Segment Type: other
Provision Reference: 
Character Range: 15172–17919

decision.

2. Where requests relate to the same offence, the Requested State shall, unless the particular circumstances of the case require otherwise, give preference to the request of the State in whose territory the offence was committed. Other particular circumstances which may be taken into account include the nationality and ordinary place of residence of the person sought and the dates of the respective requests.

3. Where the requests relate to different offences, the Requested State shall give preference to the request relating to the offence regarded as most serious under its law unless the particular circumstances of the case require otherwise.

ARTICLE 12

COMMUNICATION OF THE DECISION

The Requested State shall, as soon as a decision has been made on the request for extradition, communicate the decision to the Requesting State through the diplomatic channel. If the request is refused, in whole or in part, the Requested State shall advise the Requesting State of the reasons for the refusal.

SCHEDULE—continued

ARTICLE 13

SURRENDER

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

2. The Requesting State shall remove the person from the Requested State within the period of thirty days from the date of the notification referred to in Article 12.

3. If circumstances beyond its control prevent a Contracting Party from surrendering or removing the person to be extradited, within the period specified in paragraph 2 of this Article it shall notify the other Contracting Party. The Contracting Parties shall mutually decide upon a new date of surrender.

4. If the person is not removed within the period determined pursuant to paragraphs 2 or 3 of this Article the person shall be released and the Requesting State may not submit a further request in respect of the same offence.

ARTICLE 14

SURRENDER OF PROPERTY

1. To the extent permitted under the law of the Requested State and subject to the rights of third parties, which shall be duly respected, 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.

2. Such property shall, if the Requesting State so requests, be surrendered to the Requesting State even if the extradition is postponed or cannot be carried out owing to the death or escape of the person sought provided that the rights of third parties are respected.

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