Document ID: chunk:federal_register_of_legislation:F1996B01135:body:0:p2
Version: federal_register_of_legislation:F1996B01135
Segment Type: other
Provision Reference: 
Character Range: 2601–5327

terminology;
      (b) the totality of the acts or omissions alleged against the person whose extradition is requested 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 requested for an offence against a law relating to taxation, customs duties, foreign exchange controls or other revenue matter, extradition may not be refused on the ground that the laws of the requested State do not impose the same kind of tax or duty or do not contain a tax, duty, customs

SCHEDULE—continued
regulation, or exchange controls of the same kind as the laws 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.
ARTICLE 3
EXCEPTIONS TO EXTRADITION
1. Extradition shall not be granted in any of the following circumstances:
      (a) when the offence for which extradition is requested 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 his or her family nor an offence against the law relating to genocide;
      (b) when 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) when the offence for which extradition is requested is an offence under military law, which is not an offence under the ordinary criminal law of the Contracting States;
      (d) when final judgement has been passed in the requested State or in a third state in respect of the offence for which the person's extradition is requested; or
      (e) when the person whose extradition is requested has, according to the law of either Contracting State, become immune from prosecution or punishment by reason of lapse of time, or for any other reason.
2. Extradition may be refused in any of the following circumstances:
      (a) when the person whose extradition is requested is a national of the requested State. Where the requested State refuses to extradite a national of that State it shall, if the other State so requests and the law of the requested State allows, submit the case to the competent