Document ID: chunk:federal_register_of_legislation:F2004C00101:body:0:p11
Version: federal_register_of_legislation:F2004C00101
Segment Type: other
Provision Reference: 
Character Range: 25141–27880

an undertaking that the death penalty will not be imposed or, if imposed, will not be carried out."

ARTICLE 6

The text of Article IX of the Treaty is replaced by the following:

 "(1) If the extradition request is granted in the case of a person who is being prosecuted or is serving a sentence in the territory of the requested State, the requested State may temporarily surrender the person sought to the requesting State for the purpose of prosecution. The person so surrendered shall be kept in custody in the requesting State and shall be returned to the requested State after the conclusion of the proceedings against that person, in accordance with conditions to be mutually determined in writing between the Contracting Parties.

 (2) The requested State may postpone the extradition proceedings against, or the surrender of, any person who is being prosecuted or who is serving a sentence in that State. The postponement may continue until the prosecution of the person sought has been concluded and any sentence has been served."

ARTICLE 7

The text of Article XI of the Treaty is replaced by the following:

 "(1) All requests for extradition shall be made through the diplomatic channel.

 (2) The request for extradition shall be supported by:
         (a) documents, statements, or other types of information which describe the identity and probable location of the person sought;
         (b) a description of the conduct constituting the offence;
         (c) a statement of the law describing the essential elements of the offence for which extradition is requested; and
         (d) a statement of the law describing the punishment for the offence and the law relating to the limitation of legal proceedings.

 (3) A request for the extradition of a person who is sought for prosecution or who has been found guilty in his absence shall also be supported by:
         (a) a copy of the warrant or order of arrest issued in the requesting State for the arrest of the person for the offence;
         (b) a copy of the charging document, if any; and
         (c) a description of the facts, by way of affidavit, statement, or declaration, setting forth reasonable grounds for believing that an offence has been committed and that the person sought committed it.

 (4) A request for extradition of a person who has been found guilty of the offence for which extradition is sought, other than a person who has been found guilty in his absence, shall also be supported by:
         (a) a copy of the judgment of conviction, if available, or a statement by a judicial authority that the person has been found guilty;
         (b) information establishing that the person sought is the person to whom the finding of guilt