Document ID: chunk:federal_register_of_legislation:F1996B00353:body:0:p6
Version: federal_register_of_legislation:F1996B00353
Segment Type: other
Provision Reference: 
Character Range: 12618–15352

(a) its laws do not expressly prohibit it; and
     (b) the person sought irrevocably consents in writing to the extradition after being advised of that person's right to a formal extradition proceeding and the protection afforded by such a proceeding.

ARTICLE 9

PROVISIONAL ARREST

1. In case of urgency a Contracting Party may apply by means of the facilities of the International Criminal Police Organisation (INTERPOL) or otherwise for the

SCHEDULE—continued

provisional arrest of the person sought pending the presentation of the request for extradition through the diplomatic channel. The application may be transmitted by post or telegraph or by any other means affording a record in writing.
2. The application shall contain a description of the person sought, a statement that extradition is to be requested through the diplomatic channel, a statement of the existence of one of the documents mentioned in paragraph 2 of Article 5 authorizing the apprehension of the person, a statement of the punishment that can be imposed or has been imposed for the offence and a concise statement of the acts or omissions alleged to constitute the offence.
3. On receipt of such an application the Requested State shall take the necessary steps to secure the arrest of the person claimed and the Requesting State shall be promptly notified of the result of its request.
4. A person arrested upon such an application may be set at liberty upon the expiration of 45 days from the date of his or her arrest if a request for extradition, supported by the documents specified in Article 5, has not been received.
5. The release of a person pursuant to paragraph 4 of this Article shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.

ARTICLE 10

CONFLICTING REQUESTS

1. Where requests are received from two or more States for the extradition of the same person, the Requested State shall determine to which of those States the person is to be extradited and shall notify the Requesting States of its decision.
2. In determining to which State a person is to be extradited, the Requested State shall have regard to all relevant circumstances and, in particular, to:
    (a) first, the respective dates of the requests;
    (b) secondly, if the requests relate to different offences, the relative seriousness of the offences;
    (c) thirdly, the time and place of commission of each offence.
3. Other circumstances which may be taken into account are:
    (a) the nationality of the person sought in any case where that person is a national of one of the Requesting States; and
    (b) the ordinary place of residence of the person.

ARTICLE 11

SURRENDER