Document ID: chunk:federal_register_of_legislation:F1997B01932:body:0:p6
Version: federal_register_of_legislation:F1997B01932
Segment Type: other
Provision Reference: 
Character Range: 12636–15306

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 is to be extradited and shall notify the Requesting State of its decision.
2. In determining to which State a person is to be extradited, the Requested State shall have regard to all the circumstances and, in particular, to:
    (a) the relative seriousness of the offences,
    (b) the time and place of commission of each offence,
    (c) the respective dates of the requests,
    (d) the nationality of the person, and
    (e) the ordinary place of residence of the person.

SCHEDULE—continued

Article 11

Surrender of Person to be Extradited

1. The Requested State shall as soon as a decision on the request for extradition has been made, communicate that decision to the Requesting State through the diplomatic channel.
2. Where extradition is granted, the Requesting State shall be informed of the place of surrender, the period within which the person will be surrendered and the length of time for which the person has been detained with a view to extradition.
3. If circumstances beyond its control prevent a Contracting Party from surrendering or removing the person to be extradited it shall notify the other Party. The two Parties shall agree upon a new period within which the person is to be surrendered.
4. If the person sought has not been removed by the expiration of the set period, that person may be released after the expiration of a further period of fifteen days from that date, and shall be released in any case on the expiration of a period of thirty days. The Requested State may, in accordance with its laws, refuse to extradite a person so released for the same offence.

Article 12

Surrender of Property

1. At the request of the Requesting State, the Requested State shall seize and surrender, to the extent permitted by its law and if extradition is granted, any property which may be required as evidence or which, having been acquired as a result of the offence has been found in the possession of the person sought at the time of arrest, or discovered at any subsequent time.
2. Subject to the qualifications of paragraph 1 of this Article, the abovementioned property shall, if the Requesting State so requests, be surrendered to the Requesting State even if the extradition, having been consented to, cannot be carried out owing to the death or escape of the person sought.
3. Any rights acquired by the Requested State or third parties in the property shall be preserved. If