Document ID: chunk:federal_register_of_legislation:F1997B01938:body:0:p6
Version: federal_register_of_legislation:F1997B01938
Segment Type: other
Provision Reference: 
Character Range: 12682–15443

with a view to extraditing the person sought if the request is subsequently received.
Article 9
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 States of its decision.
    2. In determining to which State a person is to be extradited, the Requested State shall have regard to all relevant 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 10
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 of a person for an offence is granted, the person shall be removed from the territory of the Requested State from a point of departure in the territory of that State convenient to the Requesting State.
    3. The Requesting State shall remove the person whose extradition has been granted from the territory of the Requested State within such reasonable period as the last mentioned State specifies and, if the person is not removed within that period, the Requested State may refuse to extradite him for the same offence.
    4. If circumstances beyond its control prevent a Contracting Party from surrendering or removing the person to be extradited it shall notify the other Contracting Party. The two Contracting Parties shall agree upon a new date of surrender, and the provisions of paragraph 3 of this Article shall apply.

Article 11
Surrender of property
    1. To the extent permitted under the law of the Requested State all property found in the Requested State that has been acquired as a result of the offence or may be required as evidence shall, if the Requesting State so requests, be surrendered if extradition is granted.
    2. Subject to paragraph 1 of this Article, the abovementioned property shall, if the Requesting State so requests, be surrendered to that State even if the extradition, having been consented to, cannot be carried out owing to the death or escape of the person sought.
    3. The rights of the Requested State or of third parties in the property shall be preserved. Where such rights exist, the property shall, without charge, be returned to the Requested State at the end of the proceedings in the Requesting State if the Requested State so requests.