Document ID: chunk:federal_register_of_legislation:F1996B01213:body:0:p2
Version: federal_register_of_legislation:F1996B01213
Segment Type: other
Provision Reference: 
Character Range: 2661–5388

one year or by a less severe penalty.

3. For the purpose of this Article in determining whether an offence is an offence against the law of both Contracting Parties:
      (a) 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 terminology;
      (b) 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.

SCHEDULE—continued

4. Extradition shall be granted pursuant to the provisions of this Treaty irrespective of when the offence for which extradition is requested 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.
5. If the offence for which extradition is requested has been committed outside the territory of the Requesting State extradition shall be granted, subject to the provisions of this Treaty, if the person whose extradition is requested is a national of the Requesting State. If the person whose extradition is requested in respect of such an offence is not a national of the Requesting State the Requested State may, in its discretion, grant extradition.

ARTICLE 3

Exceptions to Extradition
1. Extradition shall not be granted in any of the following circumstances, if:
      (a) the offence for which extradition is requested is regarded by the Requested State as a political or fiscal offence or an offence only under military law;
      (b) the offence of which the person sought is accused or 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 undertakes that the death penalty will not be imposed or, if imposed, will not be carried out;
      (c) there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality or political opinion or that the person's position may be prejudiced for any of those reasons;
      (d) final judgment has been rendered in the Requested State or in a third state in respect of the offence for which