Document ID: chunk:federal_register_of_legislation:F2013L01473:schedule:1:p3
Version: federal_register_of_legislation:F2013L01473
Segment Type: schedule
Provision Reference: sch 1 (pt 3/9)
Character Range: 6681–9588

law of the Requested Party;

 c)  the offence for which extradition is sought is regarded under the law of the Requested Party as having been committed in whole or in part within that Party;

 d)  a prosecution is respect of the offence for which extradition is sought is pending in the Requested Party against the person whose extradition is sought;

 e)  the competent authorities of the Requested Party have decided either not to institute or to terminate proceedings against the person for the offence in respect of which extradition is sought;

 f)  the person whose extradition is sought has been sentenced or would be liable to be tried or sentenced in the Requesting Party by an extraordinary or ad hoc court or tribunal; or

 g)  the Requested Party, while taking into account the seriousness of the offence and the interests of the Requesting Party, considers that the extradition of the person would be unjust or oppressive, or, in exceptional cases, because of the personal circumstances of the person sought, the extradition would be incompatible with humanitarian considerations.

ARTICLE 4
EXTRADITION OF NATIONALS

 1. Each Party shall have the right to refuse extradition of its nationals.

 2. Where the Requested Party refuses to extradite a national of that Party it shall, if the other Party so requests and the laws of the Requested Party allow, submit the case to its competent authorities to determine whether proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been sought may be taken.

ARTICLE 5
RELATIONSHIP WITH MULTILATERAL CONVENTIONS

 This Treaty shall not affect any obligations of the Parties under any multilateral convention to which they both are parties.

ARTICLE 6
EXTRADITION PROCEDURE AND REQUIRED DOCUMENTS

 1. A request for extradition shall be made in writing and communicated through the diplomatic channel. All documents submitted in support of a request for extradition shall be authenticated in accordance with paragraph 2 of Article 8. Three copies of the request and supporting documents shall also be provided. However, the copies do not require authentication.

 2. The request for extradition shall be accompanied:

 a) in all cases by:

(i)                  a statement of each offence for which extradition is sought;

(ii)               a statement of the conduct which is alleged against the
person in respect of each offence for which extradition is sought;

(iii)             the text of the laws establishing each offence and describing the penalty which may be imposed;

(iv)              a statement regarding any applicable time limitations;

(v)                the details necessary to establish the identity and nationality of the person sought including, when possible, photographs and fingerprints; and

(vi)              a statement of the current location of the person,