Document ID: chunk:federal_register_of_legislation:F2005B00018:body:0:p2
Version: federal_register_of_legislation:F2005B00018
Segment Type: other
Provision Reference: 
Character Range: 2693–5363

served.

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

(a) it shall not matter whether the laws of the Contracting States place the acts or omissions constituting 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 extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matter 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 3

Exceptions to extradition

1. Extradition shall not be granted in any of the following circumstances:

(a) if the offence for which extradition is sought is a political offence. Reference to a political offence shall not include the taking or attempting taking of the life of a Head of State or a member of that person's family nor an offence against the law relating to genocide;

(b) if 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) if the offence for which extradition is sought is an offence under military law, which is not an offence under the ordinary criminal law of the Contracting States;

(d) if final judgement has been passed in the Requested State or in a third state in respect of the offence for which the person's extradition is sought;

(e) if the person whose extradition is sought has, according to the law of either Contracting State, become immune from prosecution or punishment by reason of lapse of time; or

(f) if the person, on being extradited to the Requesting State, would