Document ID: chunk:federal_register_of_legislation:F1997B01938:body:0:p3
Version: federal_register_of_legislation:F1997B01938
Segment Type: other
Provision Reference: 
Character Range: 5180–7940

it shall, if the other Contracting Party so requests and the laws of the Requested State allow, submit the case to the competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been sought may be taken;
       (b) where the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, considers that the extradition would be incompatible with humanitarian considerations such as the age or health of the person;
       (c) when the offence for which extradition is requested is regarded by the law of the Requested State as being a fiscal offence;
       (d) when the competent authorities of the Requested State have decided to refrain from prosecuting the person for the offence in respect of which extradition is requested:
       (e) where the offence with which the person sought is charged or of which he is convicted carries the death penalty under the law of the Requesting State unless that State gives such assurance as the Requested State considers sufficient that the death penalty will not be carried out;
       (f) when the offence for which extradition is requested is regarded under the law of the Requested State as having been committed in that State; or
       (g) when a prosecution in respect of the offence for which extradition is requested is pending in the Requested State against the person whose extradition is sought.
    3. This Article shall not affect any obligations which have been or shall in the future be assumed by the Contracting Parties under any multilateral Convention.

Article 4
Postponement of extradition
The Requested State may postpone the extradition of a person in order to proceed against him, or so that he may serve a sentence, for an offence other than the offence for which his extradition is sought. In such case the Requested State shall advise the Requesting State accordingly.

SCHEDULE—continued
Article 5
Extradition procedure and required documents
    1. A request for extradition shall be made in writing and shall be communicated through the diplomatic channel. All documents submitted in support of a request for extradition shall be authenticated in accordance with Article 6.
    2. The request for extradition shall be accompanied:
       (a) if the person is accused of an offence—by a warrant for the arrest or a copy of the warrant for arrest of the person, a statement of each offence for which extradition is sought and a statement of the acts or omissions which are alleged against the person in respect of each offence;
       (b) if the person has been convicted in his absence—by a judicial or other document, including a judgement, or