Document ID: chunk:federal_register_of_legislation:F1996B01255:body:0:p3
Version: federal_register_of_legislation:F1996B01255
Segment Type: other
Provision Reference: 
Character Range: 5783–8511

at the discretion of the Requested State for any other act or omission constituting an offence if the offence, according to the laws of both Contracting States, is one for which extradition can be granted.

3. For the purpose of this Article in determining whether an offence is an offence against the law of both Contracting States:
         (a) it shall not matter whether the laws of the Contracting States 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 requested shall be taken into account and it shall not matter whether, under the laws of the Contracting States, the constituent elements of the offence differ.

4. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is requested was committed provided that if the offence was committed before this Treaty enters into force it was at the time an offence against the laws of both Contracting States.

    Article 3
    Territorial Application

1. A reference in this Treaty to the territory of a Contracting State means:
         (a) the territory under the sovereignty of a Contracting State and the adjacent seas over which that Contracting State exercises sovereignty consistent with the 1982 United Nations Convention on the Law of the Sea;
         (b) other adjacent seas and the continental shelf over which that Contracting State exercises sovereign rights or other rights in accordance with the 1982 United Nations Convention on the Law of the Sea, but only in relation to the exercise of those sovereign rights or other rights;

         (c) vessels and aircraft owned by or registered in a Contracting State if any such vessel is on the high seas or if any such aircraft is in flight when the act or omission constituting the offence for which extradition is requested takes place.

2. For the purposes of this Treaty, an aircraft shall be considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation.

Article 4
Political Offences

1. A person shall not be extradited if the offence for which his extradition is requested is a political offence, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of political character.

2. If any question arises as to whether a case is a political offence or an offence of a political character, the decision of the authorities of the Requested State shall be