Document ID: chunk:federal_register_of_legislation:F2004C00142:body:0:p10
Version: federal_register_of_legislation:F2004C00142
Segment Type: other
Provision Reference: 
Character Range: 22354–24970

laws of both Contracting Parties by imprisonment or other deprivation of liberty for a period of more than one year or by a more severe penalty. Where the request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty, extradition shall be granted only if a penalty of at least four months of such penalty remains to be served.

 '2. Subject to the conditions set forth in paragraph 1 of this Article, extradition shall also be granted for the offences of:

 (a) aiding, abetting, counselling or procuring the commission of, being an accessory before or after the fact to, or attempting or conspiring to commit, an offence described in paragraph 1; and

 (b) impeding the apprehension or prosecution of a person charged with an offence described in paragraph 1.

 '3. For the purpose of this Article it shall not matter whether the laws of the Contracting Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same or similar terminology.

 '4. Where extradition of a person is sought for an offence against a law relating to taxation, custom duties, foreign exchange control or any other revenue matter extradition may not be refused on the ground that the law of the Requested State does not impose the same kind of tax or duty or does not contain a tax, duty, customs or exchange regulation of the same kind as the law of the Requesting State.

 '5. For the purpose of this Article in determining whether an offence is an offence against the law of both Contracting Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account without reference to the elements of the offence prescribed by the law of the Requesting State.

 '6. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is sought was committed, provided that:

 (a) it was an offence in the Requesting State at the time of the acts or omissions constituting the offence; and

 (b) the acts or omissions alleged would, if they had taken place in the territory of the Requested State at the time of the making of the request for extradition, have constituted an offence against the law in force in that State.

 '7. When a person has been convicted in his absence of an extraditable offence, then, for the purposes of this Treaty, the person shall be deemed not to have been convicted of that offence but shall be deemed to