Document ID: chunk:federal_register_of_legislation:F2003B00239:body:0:p2
Version: federal_register_of_legislation:F2003B00239
Segment Type: other
Provision Reference: 
Character Range: 2652–5423

shall be granted only if the duration of the imprisonment still to be served amounts to at least six months.

3. For the purpose of extradition, it shall not matter whether the laws of the Contracting Parties place the offence within the same category of offences or describe an offence by the same terminology.  The totality of the acts or omissions alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the Contracting Parties, the constituent elements of the offence differ.

4. When a request for extradition comprises several separate offences and extradition has been granted for one of the offences, it may also be granted for other offences contained in the request which could not otherwise fulfil the requirements of paragraphs 1 and 2 above as for the duration of imprisonment.

5. For offences in connection with taxes, duties, customs, exchange or other revenue matters, extradition shall be granted in accordance with the provisions of this Treaty if the law of the Requested Party contains a similar offence.  Extradition may not be refused on the ground that the law of the Requested Party 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 Party.

6. Where the offence has been committed outside the territory of the Requesting Party, extradition shall be granted where the law of the Requested Party provides for the punishment of an offence committed outside its territory in similar circumstances.  Where the law of the Requested Party does not so provide the Requested Party may, in its discretion, grant extradition.

Article 3
Conditions of refusal

1. Extradition shall not be granted in any of the following circumstances:

       (a) if the offence for which extradition is sought is a political offence.  However, the following shall not be considered as political offences:

          (i) an attack on the life of a Head of State or a member of that person's family;

          (ii) an offence relating to any law against genocide;

           (iii) any offence in respect of which the Contracting Parties have assumed or will assume an obligation to establish jurisdiction or to extradite pursuant to an international agreement to which they are both parties; or

           (iv) an offence constituted by taking or endangering, attempting to take or endanger or participating in the taking or endangering of, the life of a person, being an offence committed in circumstances in which such conduct creates a collective danger, whether direct or indirect, to the lives of other persons;

       (b) if the Requested Party has substantial grounds for believing