Document ID: chunk:federal_register_of_legislation:F1999B00194:body:0:p7
Version: federal_register_of_legislation:F1999B00194
Segment Type: other
Provision Reference: 
Character Range: 15383–18049

to paragraph 3, a person extradited under this Treaty shall not be detained or tried, or be subjected to any other restriction of his or her personal liberty, in the territory of the Requesting Party for any offence committed before his or her extradition other than:

        (a) an offence for which extradition was granted or any other extraditable offence for which the person could be prosecuted on the basis of the facts upon which the request for extradition was based, provided that the offence does not carry a penalty which is more severe than that which could be imposed for the offence for which extradition was sought; or

        (b) any other extraditable offence in respect of which the Requested Party consents.

2. A request for the consent of the Requested Party referred to in paragraph 1 (b) shall be accompanied by the documents mentioned in Article 4.

3. Restrictions under paragraph 1 do not apply if the person has had an opportunity to leave the territory of the Requesting Party and has not done so within 45 days of final discharge in respect of the offence for which that person was extradited or if the person has returned to the territory of the Requesting Party after leaving it.

Article 13
Surrender to a third State

1. Where a person has been surrendered to the Requesting Party by the Requested Party, the first-mentioned Party shall not surrender that person to any third State for an offence committed before that person's surrender unless:

        (a) the Requested Party consents to that surrender; or

        (b) the person has had an opportunity to leave the Requesting  Party 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 Party or has returned to the territory of the Requesting Party after leaving it.

2. Before acceding to a request pursuant to sub-paragraph (1) (a), the Requested Party may request the production of the documents mentioned in Article 4.

Article 14
Transit

1. Where a person is to be extradited to a Contracting Party from a third State through the territory of the other Contracting Party, the Contracting Party to which the person is to be extradited shall request the other Contracting Party to permit the transit of that person through its territory.

2. Upon receipt of such a request the Requested Contracting Party shall grant the request unless it is satisfied that there are reasonable grounds for refusing to do so.

3. Permission for the transit of a person shall, subject to the law of the Requested Contracting Party, include permission for the person to be held in custody during transit.

4.