Document ID: chunk:federal_register_of_legislation:F1997B01938:body:0:p7
Version: federal_register_of_legislation:F1997B01938
Segment Type: other
Provision Reference: 
Character Range: 15205–17965

of third parties in the property shall be preserved. Where such rights exist, the property shall, without charge, be returned to the Requested State at the end of the proceedings in the Requesting State if the Requested State so requests.
    4. The Requested State may temporarily retain the property referred to in this Article if it considers it necessary for the purpose of criminal or civil proceedings. In such a case the Requesting State may request the temporary handing over of the property, undertaking to return it as soon as the proceedings conducted in its territory permit if the Requested State so requests.
Article 12
Rule of speciality
    1. Subject to paragraph 3, a person extradited under this Treaty shall not be detained or tried, or be subjected to any other restriction of his personal liberty, in the territory of the Requesting State for any offence committed before his extradition other than:
          (i) an offence for which his extradition was granted; or
          (ii) any other extraditable offence in respect of which the Requested State consents to his being so detained, tried or subjected to a restriction of his personal liberty.
    2. A request for the consent of the Requested State under this Article shall be accompanied by the documents mentioned in Article 5.
    3. Paragraph 1 of this Article does not apply if the person has had an opportunity to leave the Requesting State and has not done so within forty five days of final

SCHEDULE—continued

    discharge in respect of the offence for which that person was extradited or if the person has returned voluntarily to the territory of the Requesting State after leaving it.

Article 13
Surrender to a third state
    1. The person extradited may not be surrendered by the Requesting State to a third State for an offence committed prior to his surrender to the first-mentioned State, except;
          (a) where the Requested State consents; or
          (b) where the person extradited, having had an opportunity to leave the Requesting State, has not done so within forty five days of his final discharge in respect of the offence for which he was surrendered, or has returned voluntarily to the Requesting State after leaving it.
    2. Where the consent of the Requested State is sought in accordance with this Article, that State may require the production of the relevant documents mentioned in Article 5 of this Treaty.

Article 14
Transit
    1. Each Contracting Party may, when requested by the other Contracting Party, grant transit through its territory of a person being extradited by the latter Party from a third State. In support of the request, the Requesting State shall produce the documents and information required by the State which has