Document ID: chunk:federal_register_of_legislation:F2023L01553:schedule:1:p2
Version: federal_register_of_legislation:F2023L01553
Segment Type: schedule
Provision Reference: sch 1 (pt 2/10)
Character Range: 6787–9590

State 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 laws of the Requesting State.

5. When the offence for which extradition is requested has been committed outside the territory of the Requesting State, extradition may be refused if the laws of the Requested State do not allow prosecution for the same category of offence when committed outside the latter State's territory.

6. Extradition shall 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:

      a) the acts or omissions in respect of which extradition is requested constituted 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 territory of the Requested State at the time the request for extradition is received, have constituted an offence against the laws in force in that State.

Article 3
MANDATORY EXCEPTIONS TO EXTRADITION
    Extradition shall not be granted in any of the following circumstances:

      a) if the offence for which extradition is requested is regarded by the Requested State as a political offence. Reference to a political offence shall not include any offence in respect of which the Contracting States have assumed or will assume an obligation to establish jurisdiction or to extradite pursuant to international agreements to which both Contracting States are party;

      b) if there are substantial grounds for believing that a request for extradition has been made for the purpose of prosecuting or punishing a person on account of that person's race, language, ethnic origin, gender, religion, nationality, political opinion or other status, or that the person's position may be prejudiced for any of those reasons;

      c) if the offence for which the extradition is requested is regarded by the Requested State as an offence under military law, but not an offence under the ordinary criminal law of the Requested State;

      d) if the person has been finally acquitted, pardoned, granted an amnesty or had the penalty imposed remitted in the Requested State or has undergone the punishment provided by law of the Requested State in respect of the conduct constituting the offence for which the extradition is sought;

      e)  if the offence for which extradition is requested carries the death penalty under the law of the Requesting State unless that State gives such assurances as the Requested State considers sufficient that the death penalty will not be imposed or, if imposed, will not be carried out; or
      f) if the Requested State has substantial