Document ID: chunk:federal_register_of_legislation:F2010L00601:body:0:p7
Version: federal_register_of_legislation:F2010L00601
Segment Type: other
Provision Reference: 
Character Range: 15436–18172

the person sought if the extradition request is subsequently received.

ARTICLE 10
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) if the requests relate to different offences - 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;

    (e) the ordinary place of residence of the person; and

         (f) the possibility of any of the Requesting States extraditing the person to another State.

ARTICLE 11
SURRENDER

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.

2. Where extradition is granted, the Requested State shall surrender the person from a point of departure in its territory convenient to the Requesting State.

3. The Requesting State shall remove the person from the territory of the Requested State within 30 days and, if the person is not removed within that period, the Requested State may refuse to extradite that person for the same offence.

4. If circumstances beyond its control prevent a Requested State from surrendering or removing the person to be extradited it shall notify the Requesting State.  The two States shall agree upon a new date of surrender, and the provisions of paragraph 3 of this Article shall apply.

ARTICLE 12
SURRENDER OF PROPERTY

1. To the extent permitted under the law of the Requested State and subject to the rights of third parties, which shall be duly respected, all property found in the Requested State that has been acquired as a result of the offence or may be required as evidence shall be surrendered if extradition is granted and the Requesting State so requests.

2. Subject to paragraph 1 of this Article, the abovementioned property shall, if the Requesting State so requests, be surrendered to the Requesting State even if the extradition cannot be carried out due to death, escape or disappearance of the person sought.

3. If the property referred to in paragraph 1 of this Article is required for an investigation or prosecution of an offence in the Requested State, then the delivery of that property may be delayed until the completion of the investigation or prosecution, or it may be delivered on condition that it shall be returned after