Document ID: chunk:federal_register_of_legislation:F2001B00110:body:0:p2
Version: federal_register_of_legislation:F2001B00110
Segment Type: other
Provision Reference: 
Character Range: 2702–5407

such penalty remains to be served.

2. For the purposes of this Article in determining whether an offence is an offence against the law of both Contracting States—
       (a) it shall not matter whether the laws of the Contracting States place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology; and
       (b) the totality of the acts or omissions alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the Contracting States, the constituent elements of the offence differ.

3. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matter extradition may not be refused on the ground that the law of the Requested 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 law of the Requesting State.

4. Where the offence has been committed outside the territory of the Requesting State, extradition shall be granted where the law of the Requested State provides for the punishment of an offence committed outside its territory in similar circumstances.  Where the law of the Requested State does not so provide the Requested State may, in its discretion, grant extradition.

5. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is sought was committed, provided that:
       (a) it was 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 of the making of the request for extradition, have constituted an offence against the law in force in that State.

Article 3
Exceptions to extradition

1. Extradition shall not be granted in any of the following circumstances:
       (a) if the offence for which extradition is sought is a political offence.  Reference to a political offence shall not include the taking or attempted taking of the life of a Head of State or a member of that person's family nor an offence against the law relating to genocide;
       (b) if there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality or political opinion or that that person's position may be prejudiced for any of those reasons;
       (c) if