Document ID: chunk:federal_register_of_legislation:F1997B01932:body:0:p2
Version: federal_register_of_legislation:F1997B01932
Segment Type: other
Provision Reference: 
Character Range: 2668–5372

penalty has been imposed, or if a period of at least six months of such penalty remains to be served.
2. For the purpose of this Article 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 or similar terminology.
3. For the purpose of this Article, in determining whether an offence is an offence against the law of both Contracting Parties, the totality of the acts or omissions alleged against the person whose extradition is requested shall be taken into account.
4. Extradition may be refused if the offence has been committed outside the territory of the Requesting State and if the law of the Requested State does not provide for prosecution for the same offence committed outside its territory in similar circumstances.

Article 3

Exceptions to Extradition

1. Extradition shall not be granted in any of the following circumstances:
    (a) when the offence for which extradition is requested is considered by the Requested State to be a political offence or to be an offence connected with such an offence. The taking or attempted taking of the life of a Head of State shall not be considered to be a political offence;
    (b) when the Requested State has substantial grounds for believing that the 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,

SCHEDULE—continued

    nationality, or political opinions or that that person's position may be prejudiced for any of those reasons;
    (c) when the offence for which the extradition is requested consists solely of a breach of military law;
    (d) where final judgment has been passed in the Requested State in respect of the offence for which the person's surrender is sought; or
    (c) where the person whose surrender is sought has, according to the law of either Contracting Party, become immune from prosecution or punishment by reason of lapse of time.
2. Extradition may be refused in conformity with the law of the Requested State in any of the following circumstances:
    (a) when the offence for which extradition is requested is regarded under the law of the Requested State as having been committed in whole or in part within that State; or
    (b) when the person whose surrender is sought is a national of the Requested State Where the extradition request is refused solely because the person sought is a national of the Requested State, that State shall, if the Requesting State so requests and the law of the Requested State allows, submit the case to its competent