Document ID: chunk:federal_register_of_legislation:F2004C00101:body:0:p13
Version: federal_register_of_legislation:F2004C00101
Segment Type: other
Provision Reference: 
Character Range: 30154–32977

guilt or judgment of conviction against the person sought; and
         (f) a statement that a request for the extradition of the person sought will follow.

 (3) On receipt of the application, the requested State shall take appropriate steps to secure the arrest of the person sought. The requesting State shall be notified without delay of the disposition of its application and the reasons for any denial.

 (4) A person who is provisionally arrested may be discharged from custody upon the expiration of sixty (60) days from the date of arrest pursuant to the application of the requesting State if the executive authority of the requested State has not received the formal request for extradition and the supporting documents required in Article XI.

 (5) The fact that the person sought has been discharged from custody pursuant to paragraph (4) of this Article shall not prejudice the subsequent rearrest and extradition of that person if the extradition request and supporting documents are received at a later date."

ARTICLE 9

Article XIII of the Treaty is amended by deleting the words evidence or wherever they occur in Article XIII (1) and Article XIII (2), and by adding the following:

 "(4) If the person sought, after being personally advised by the competent authority of the requested State of his right to formal extradition proceedings, consents to surrender to the requesting State, the requested State may surrender the person as expeditiously as possible and without further proceedings."

ARTICLE 10

The text of Article XIV of the Treaty is replaced by the following:

 "(1) A person extradited under this Treaty may not be detained, tried, or punished in the requesting State except for:
         (a) the offence for which extradition is granted or any other offence of which the person could be convicted on proof of the conduct constituting the extradition offence provided that the offence carries the same or a lesser punishment;
         (b) any offence committed after the extradition; or
         (c) any offence for which the executive authority of the requested State consents to the person's detention, trial or punishment. For the purposes of this subparagraph, the requested State may require the submission of the documents specified in Article XI.

 (2) A person extradited under this Treaty by a Contracting Party may not be extradited to a third State for an offence committed prior to his surrender unless that Contracting Party consents.

 (3) Paragraphs (1) and (2) of this Article shall not prevent the detention, trial, or punishment of an extradited person, or the extradition of that person to a third State, if:
         (a) that person leaves the territory of the requesting State after extradition and voluntarily returns to it; or
         (b) that person does not