Document ID: chunk:federal_register_of_legislation:F2003B00239:body:0:p5
Version: federal_register_of_legislation:F2003B00239
Segment Type: other
Provision Reference: 
Character Range: 10339–13051

Party's application, for which reason shall be given, may grant a reasonable extension of the time limit.

2. If the person whose extradition is sought has been arrested and the additional information is not sufficient in accordance with this Treaty or is not received within the time specified, the person may be discharged.  However, such discharge shall not preclude the Requesting Party from renewing its request for the extradition.

3. Where the person is discharged in accordance with paragraph 2 of this Article, the Requested Party shall notify the Requesting Party as soon as possible.

Article 8
Provisional arrest

1. In case of urgency the competent authorities of the Requesting Party may apply by means of the International Criminal Police Organisation (INTERPOL) or otherwise for the provisional arrest of the person sought pending the presentation of the request for extradition through the diplomatic channel.  The application may be transmitted by post or telegraph or by any other means affording a record in writing.

2. The application shall, so far as possible, give a description of the person sought, together with any information to establish his or her identity and nationality and shall contain a statement of the existence of one of the documents mentioned in sub‑paragraph 2 (a) of Article 5, a statement that extradition is to be requested through the diplomatic channel, a statement of the punishment that can be, or has been imposed for the offence, and a statement of how the offence has been committed (modus operandi).  A copy of the document mentioned in sub‑paragraph
2 (a) of Article 5 shall be attached in its original form to the application.

3. On receipt of such an application the Requested Party shall take the necessary steps to secure the arrest of the person sought and the Requesting Party shall be promptly notified of the result of its request.

4. A person arrested upon such an application may be set at liberty upon the expiration of 45 days from the date of that person's arrest if a request for extradition, supported by the documents specified in Article 5, has not been received.

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 Party 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 Party shall have