Document ID: chunk:federal_register_of_legislation:F1996B01135:body:0:p6
Version: federal_register_of_legislation:F1996B01135
Segment Type: other
Provision Reference: 
Character Range: 12556–15261

4. A person arrested upon such an application may be set at liberty upon the expiration of forty five days from the date of arrest if a request for extradition, supported by the documents specified in Article 5, has not been received by the requested State.

SCHEDULE—continued
5. The release of a person pursuant to paragraph 4 of this Article shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.
ARTICLE 9
CONFLICTING REQUESTS
1. Where requests are received from two or more States for the extradition of the same person, the requested State shall determine to which of those States the person is to be extradited and shall notify the requesting States of its decision.
2. In determining to which State a person is to be extradited, the requested State shall have regard to all relevant circumstances and, in particular, to:
      (a) if the requests relate to different offences—the relative seriousness of the offences;
      (b) the time and place of commission of each offence;
      (c) the respective dates of the requests;
      (d) the nationality of the person; and
      (e) the ordinary place of residence of the person.
ARTICLE 10
SURRENDER OF PERSON TO BE EXTRADITED
1. The requested State shall, as soon as a decision on the request for extradition has been made, communicate that decision to the requesting State through the diplomatic channel.
2. Where extradition of a person for an offence is granted, the person shall be removed from the territory of the requested State from a point of departure in the territory of that State convenient to the requesting State.
3. The requesting State shall remove the person from the territory of the requested State within such reasonable period as the requested State specifies and, if the person is not removed within that period, the requested State may refuse to extradite him for the same offence.
4. If circumstances beyond its control prevent a State from surrendering or removing the person to be extradited it shall notify the other State. The two Contracting States shall agree upon a new date of surrender, and the provisions of paragraph 3 of this Article shall apply.
ARTICLE 11
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. Subject to the qualifications of paragraph 1 of this Article, the abovementioned property shall, if