Document ID: chunk:federal_register_of_legislation:F1997B01932:body:0:p5
Version: federal_register_of_legislation:F1997B01932
Segment Type: other
Provision Reference: 
Character Range: 10110–12890

Article 8

Additional Information

1. If the Requested State considers that the information furnished in support of the request for extradition is not sufficient to fulfil the requirements of its law with respect to extradition, that Slate may request that additional information be furnished within such time as it specifies.

SCHEDULE—continued

2. If the person whose extradition is requested is under arrest and the additional information furnished is not sufficient or is not received within the time specified, the person may be released from custody but such release shall not preclude the Requesting State from making a fresh request for extradition.
3. Where the person is released from custody in accordance with paragraph 2, the Requested State shall notify the Requesting State as soon as practicable.

Article 9

Provisional Arrest

    1. (a) In case of urgency a Contracting Party may apply for the provisional arrest of the person sought pending the presentation of the request for extradition through the diplomatic channel.
    (b) The application for provisional arrest shall be transmitted by means of the facilities of the International Criminal Police Organization (INTERPOL), by post or telegraph or by any other means affording a record in writing.
2. The application shall contain a description of the person sought, a statement that extradition is to be requested through the diplomatic channel, a statement of the existence and terms of the warrant of arrest or the judgement of conviction, a statement of the punishment that can be imposed or has been imposed, a description of the nature of the offence, and a brief statement of the acts or omissions alleged to constitute the offence.
3. On receipt of such an application the Requested State shall take the necessary steps to arrest the person sought and the Requesting State shall be promptly notified of the result of its application.
4. A person arrested upon such an application may be set at liberty upon the expiration of forty-five days and shall be set at liberty upon the expiration of sixty days from the date of the person's arrest if a request for extradition, supported by the documents specified in Article 6, has not been received. However, the release of the person sought at any time shall remain possible provided that the Requested State takes all measures it considers necessary to prevent the escape of the person concerned.
5. The release of a person pursuant to paragraph 4 of this Article shall not prevent re-arrest and extradition if the request is subsequently received.

Article 10

Conflicting Requests

1. Where requests are received from two or more States for the extradition of the same person, the Requested State shall determine to which of those States the person