Document ID: chunk:federal_register_of_legislation:F1997B01938:body:0:p2
Version: federal_register_of_legislation:F1997B01938
Segment Type: other
Provision Reference: 
Character Range: 2654–5405

offence within the same category of offence or denominate the offence by the same or similar terminology.
    3. In determining whether an offence is an offence for which extradition may be granted, the totality of the acts or omissions alleged against the person whose extradition is sought, shall be taken into account and it shall not matter whether, under the laws of both Contracting Parties, the constituent elements of the offence differ.
    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.
    5. Extradition may be granted pursuant to the provisions of this Treaty whether or not the offence in relation to which extradition is sought was committed before or after the entry into force of this Treaty, provided that it was an offence under the laws of both Contracting Parties at the time of the acts or omissions constituting the offence.

SCHEDULE—continued
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:
       (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 Parties;
       (d) where 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 sought; or
       (e) where the person whose extradition is sought has according to the law of either Contracting Party, become immune from prosecution or punishment by reason of lapse of time.
2. Extradition may be refused in any of the following circumstances;
       (a) when the person whose extradition is sought is a national of the Requested State. Where the Requested State refuses to extradite a national of that State it shall, if the other Contracting Party so requests and the laws of the Requested State allow, submit the case to the competent authorities in order that proceedings for the prosecution of the person in respect of all or any