Document ID: chunk:federal_register_of_legislation:F2010L01778:body:0:p2
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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 States, the constituent elements of the offence differ.

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

4. Extradition may be granted pursuant to the provisions of this Treaty provided that:

(a) the offence for which extradition is requested was an offence in both Contracting States at the time of the acts or omissions constituting the offence; and

(b) it was an offence in both Contracting States at the time the request for extradition was made.

Article 3
Exceptions to extradition

1. Extradition shall not be granted when:

(a) the Requested State determines that the offence for which extradition is requested is a political offence, an offence directly related to a political offence or an ordinary criminal offence prosecuted for political reasons. Reference to a political offence, for the purposes of this paragraph, shall not include:

(i) the taking or attempted taking of the life of an internationally protected person being a person described in sub‑paragraph (1)(A) of Article 1 of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents;

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

(iii) any offence in respect of which the Contracting States have assumed or will assume an obligation pursuant to an international agreement to which they are both parties, to submit the case to their competent authorities for a decision as to prosecution if extradition is not granted.

(b) 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 that person's position may be prejudiced for any of those reasons.

(c) the offence for which extradition is sought is an offence exclusively or purely under military law which is not punishable under the ordinary criminal law of the Contracting States.

(d) final judgment has been passed in the Requested State or in a third state in respect of the offence for which the person's extradition is requested:

(i) if the afore‑mentioned judgment