Document ID: chunk:federal_register_of_legislation:F1997B01935:body:0:p3
Version: federal_register_of_legislation:F1997B01935
Segment Type: other
Provision Reference: 
Character Range: 5080–7929

third state in respect of the offence for which the person's extradition is requested; or
      (e) where the person whose extradition is requested has, according to the law of either Contracting State, become immune from prosecution or punishment by reason of lapse of time, or criminal responsibility has been extinguished for any other reason.
2. Extradition may be refused in any of the following circumstances:
      (a) when the person whose extradition is requested is a national of the requested State. Nationality shall be determined as at the time of the decision concerning extradition. Where the requested State refuses to extradite a national of that State it shall, if the other State so requests and the law of the requested State allows, submit the case to the competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been requested may be taken if that is considered appropriate;
      (b) when the competent authorities of the requested State, having concurrent jurisdiction, have decided to refrain from prosecuting the person whose extradition is requested for the offence in respect of which extradition is requested:
      (c) where the offence of which the person requested is accused or of which the person is convicted, or any other offence for which the person may be detained or tried in accordance with this Treaty, carries the death penalty under the law of the requesting State unless that State offers sufficient guarantees that, under no circumstances, will the death penalty be carried out;
      (d) when the offence for which extradition is requested is regarded under the law of the requested State as having been committed in whole or in part within that State:
      (e) when a prosecution in respect of the offence for which extradition is requested is pending in the requested State against the person whose extradition is requested; or
      (f) where the requested State, while also taking into account the nature of the offence and the interests of the requesting State, considers that, in the exceptional circumstances of the case, the extradition would be incompatible with humanitarian considerations.

Article IV

POSTPONEMENT OF EXTRADITION

The requested State may postpone the extradition of a person in order to proceed against the person, or so that the person may serve a sentence, for an offence other than an offence for which extradition is requested and where the requested State so postpones the extradition it shall advise the requesting State.

SCHEDULE—continued

Article V

EXTRADITION PROCEDURE AND REQUIRED DOCUMENTS

1. A request for extradition shall be made in writing and shall be communicated through the diplomatic channel. All documents submitted in support of a request for extradition