Document ID: chunk:federal_register_of_legislation:F2004C00077:body:0:p3
Version: federal_register_of_legislation:F2004C00077
Segment Type: other
Provision Reference: 
Character Range: 5014–7796

been sought may be taken; or

 (b) the competent authorities of the requested Party have decided to refrain from prosecuting the person sought for the offence in respect of which extradition is requested and in respect of which the requested Party has jurisdiction; or

 (c) a prosecution in respect of the offence for which extradition is requested is pending in the territory of the requested Party against the person whose extradition is sought; or

 (d) the offence for which extradition is requested is regarded under the law of the requested Party as having been committed in whole or in part within its territory.

ARTICLE 6
CAPITAL PUNISHMENT
 If the offence for which extradition is requested is punishable by death under the law of the requesting Party, and if in respect of such offence the death-penalty is not provided for by the law of the requested Party or is not normally carried out by it, extradition may be refused unless the requesting Party gives such assurances as the requested Party considers sufficient that the penalty will not be carried out.

ARTICLE 7
WITHDRAWAL OF REQUEST
 The requested Party may recommend to the requesting Party that a request for extradition be withdrawn, specifying the reasons therefore, where it considers, taking into account the age, health or other personal circumstances of the person sought, that extradition should not be requested.

ARTICLE 8
POSTPONEMENT OF SURRENDER
1. The requested Party may postpone surrender of a person in order to proceed against him, or so that he may serve a sentence, for an offence other than an offence constituted by an act or omission for which his extradition is requested and where the requested Party so postpones the surrender, it shall advise the requesting Party accordingly.

2. The requested Party may, in accordance with its law, temporarily surrender the person sought to the requesting Party on conditions to be determined by mutual agreement between the Parties.

3. The provisions of this Article do not derogate from the obligation of the requested Party to deal with requests under this Treaty expeditiously.

ARTICLE 9
CONSENT EXTRADITION
 If a person sought consents, in accordance with the law of the requested Party, to an order for his surrender being made, that person may be surrendered accordingly.

ARTICLE 10
EXTRADITION PROCEDURE AND REQUIRED DOCUMENTS
1. The request for extradition shall be made in writing and shall be communicated through the diplomatic channel.

2. The request for extradition shall be accompanied:

 (a) by the text of the relevant provisions of the law creating the offence, the provisions of the law relating to time limitation and to the punishment that can be imposed for the offence;

 (b) by information or documentation establishing