Document ID: chunk:federal_register_of_legislation:F1996B01213:body:0:p6
Version: federal_register_of_legislation:F1996B01213
Segment Type: other
Provision Reference: 
Character Range: 12740–15476

respect of the offence for which that person was extradited or if the person has returned to the Requesting State after having left it.

SCHEDULE—continued

ARTICLE 9

Re-Extradition to a Third State
1. Where a person has been surrendered to the Requesting State that State shall not extradite the person to any third state for an offence committed before that person's surrender unless:
      (a) the Requested State consents to that extradition; or
      (b) the person has had an opportunity to leave the Requesting State and has not done so within 45 days of final discharge in respect of the offence for which that person was surrendered by the Requested State or has returned to the Requesting State after having left it.

2. The Requested State may request the production of the documents mentioned in Article 4 in relation to any consent pursuant to sub-paragraph (1) (a) of this Article.

ARTICLE 10

Provisional Arrest
1. In case of urgency a Contracting Party may apply through the International Criminal Police Organisation (INTERPOL) or otherwise for the provisional arrest of the person sought. The application may be transmitted by post or telegraph or by any other means affording a record in writing.

2. The application for provisional arrest shall contain a description of the person sought, a statement of the existence of one of the documents mentioned in paragraph 2 of Article 4 authorising the apprehension of the person, a statement of an offence for which extradition will be requested, a description of the acts or omissions alleged to constitute the offence, a statement of the penalty that can be, or has been, imposed for the offence and a statement that extradition is to be requested through the diplomatic channel.

3. A person arrested upon an application for provisional arrest may be released upon the expiration of 40 days from the date of that person's arrest if a request for extradition has not been received.

ARTICLE 11

Surrender
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. Reasons shall be given for any complete or partial rejection of an extradition request.

2. Where extradition is granted, the Requested State shall inform the Requesting State of the length of time for which the person claimed was detained with a view to extradition.

3. Where extradition is granted, the person shall be taken over by the Requesting State from the Requested State at a point of departure arranged by the Contracting Parties.

4. The Requesting State shall take over the person from the Requested State within fifteen days of notification of the decision referred to