Document ID: chunk:federal_register_of_legislation:F2010L00601:body:0:p2
Version: federal_register_of_legislation:F2010L00601
Segment Type: other
Provision Reference: 
Character Range: 2608–5310

laws of both States by imprisonment for a maximum period of at least one year or by a more severe penalty.  Where the request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonment, extradition shall be granted only if a period of at least six months of such penalty remains to be served.

2. For the purpose of this Article in determining whether an offence is an offence against the laws of both States:

         (a) the acts or omissions constituting the offence must, if they had taken place in the Requested State, be an offence against the law of the Requested State at the time the request is made;

         (b) it shall not matter whether the laws of the States place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology;

         (c) 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 States, the constituent elements of the offence differ.

3. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matters, extradition may not be refused on the ground that the law of the Requested State 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 State.

4. Where the offence has been committed outside the territory 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 territory in similar circumstances.  Where the law of the Requested State does not so provide the Requested State may, in its discretion, grant extradition.

ARTICLE 4
GROUNDS FOR REFUSAL
1. Extradition shall not be granted in any of the following circumstances:

          (a) if the offence for which extradition is sought is regarded by the Requested State as a political offence.  Reference to a political offence shall not include:

              (i)                 the taking or attempted taking of the life, or other offence against the life, the physical integrity or liberty of a Head of State, a member of Government, a member of the Supreme Council of The State of the United Arab Emirates or a family member of those people;

              (ii)               an offence constituted by taking or endangering, attempting to take or endanger or participating in the taking or endangering of the life a person, being an offence committed