Extraditable Offences. 1. For the purposes of this Treaty, extraditable offences are offences which are punishable under the 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.
Appears in 2 contracts
Samples: Extradition Treaty, Extradition Treaty
Extraditable Offences. 1. For the purposes of this Treaty, extraditable offences are offences which which, at the time of the request, are punishable under the laws of both States Parties by imprisonment deprivation of liberty for a maximum period of at least one year or by a more severe penalty.
2. Where the request for extradition relates to a person convicted sentenced to deprivation of such an offence who is wanted liberty by a court of the Requesting Party for the enforcement of a sentence of imprisonmentany extraditable offence, extradition shall be granted only if a period of at least six (6) months of such penalty the sentence remains to be served.
23. For the purpose purposes of this Article Article, in determining whether an offence is an offence against the laws of both StatesParties:
(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 Parties place the acts or omissions conduct constituting the offence within the same category of offence or denominate the offence by the same terminology;
(cb) the totality of the acts or omissions conduct alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the StatesParties, the constituent elements of the offence differ.
34. 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 grounds that the law of the Requested State Party does not impose the same kind of tax or duty or does not contain a tax, duty, customs, customs or exchange regulation of the same kind as the law of the Requesting StateParty.
45. Where the offence has been committed outside the territory of the Requesting StateParty, extradition shall be granted where the law of the Requested State Party provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested State Party does not so provide provide, the Requested State Party may, in its discretion, grant extradition.
6. If the request for extradition refers to several offences each of which is punishable under the laws of both Parties, but some of which do not fulfill the other conditions set out in paragraphs 1 and 2 of this Article, extradition may be granted for the offences provided that the person is to be extradited for at least one extraditable offence.
Appears in 2 contracts
Samples: Extradition Treaty, Extradition Treaty
Extraditable Offences. 1. For the purposes of this Treaty, An offence shall be an extraditable offences are offences which are offence if it is punishable under the laws of both States Parties by imprisonment for a maximum period of at least not less than one year year, or by a more severe penalty.
2. An offence shall also be an extraditable offence if it consists of an attempt or a conspiracy to commit, aiding or abetting, counseling, causing or procuring the commission of or being an accessory before or after the fact to, any offence described in paragraph 1 and is punishable under the laws of both Parties by imprisonment for a period of not less than one year, or by a more severe penalty.
3. Where the request for extradition relates to a person convicted of such an offence who is wanted by the Requesting Party for the enforcement of a sentence of imprisonment, extradition a further requirement shall be granted only if a period of that at least six months of such penalty the sentence of imprisonment remains to be served.
24. For the purpose purposes of this Article Article, in determining whether an offence is an offence against punishable under the laws of both StatesParties:
(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 Parties place the acts or omissions constituting the offence within the same category of offence offences or denominate describe the offence by the same terminology;
(cb) 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 StatesParties, the constituent elements of the offence differ.
35. 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, matter extradition may not be refused on the ground that the law laws of the Requested State does Party do not impose the same kind of tax or duty or does do not contain a tax, duty, customs, or exchange regulation of the same kind as the law laws of the Requesting StateParty.
46. Where If the offence has been committed outside the territory of the Requesting StateParty, extradition shall be granted where if the law laws of the Requested State provides Party provide for the punishment of an offence committed outside its territory in similar circumstances, and if the requirements of extradition under this Treaty are otherwise met. Where If the law laws of the Requested State does Party do not so provide provide, the Requested State Party may, in its discretion, grant deny extradition.
7. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence for which extradition is sought was committed, provided that:
(a) it was an offence in the Requesting Party at the time of the acts or omissions constituting the offence; and
(b) the acts or omissions alleged would, if they had taken place in the territory of the Requested Party at the time of the making of the request for extradition, have constituted an offence against the laws in force in that Party.
Appears in 1 contract
Samples: Extradition Treaty
Extraditable Offences. (1. For the purposes of this Treaty) An offence shall be and extraditable offence if, extraditable offences are offences which are punishable under the laws of both States the United States, it is punishable by imprisonment deprivation of liberty for a maximum period of at least more that one year or by a more severe penalty. Where severepenalty.
(2) An offence shall also be an extraditable offence if it consists of an attempt or a conspiracy to commit, aiding or abetting, counseling or procuring the request for extradition relates commission of, or being an accessory before or after the fact to a person convicted of such an offence who is wanted for described in paragraph 1.
(3) For the enforcement purposes of a sentence of imprisonmentthis Article, extradition an offence 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 Statesextraditable offence:
(a) whether or not the acts or omissions constituting the offence must, if they had taken place laws 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 Contracting States place the acts or omissions constituting the offence within the same category of offence offences or denominate describe the offence by the same terminology;; or
(b) whether or not the offence is one for which United States federal law requires the showing of such matters as interstate transportation, or use of the mails or of other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court; or
(c) whether or not under the laws in the Contracting Parties the constituent elements of the offence differ, it being understood the totality of the acts or omissions alleged against as presented by the person whose extradition is sought Requesting State shall be taken into account and account.
(4) If the offence was committed outside the territory of the Requesting State, extradition shall be granted if the laws in the Requested State provide for the punishment of an offence committed outside its territory in similar circumstances. If the laws in the Requested State do not so provide, the executive authority of the Requested State may, in its discretion, grant extradition, provide the requirements of this treaty are met.
(5) If extradition has been granted for an extraditable offence, it shall not matter whetheralso be granted for any other offence specified in the request even if the latter offence is punishable by one year’s deprivation of liberty or less, under the laws of the States, the constituent elements of the offence differprovided that all other requirements for extradition are met.
3. (6) 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, customs duty or exchange control 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.
Appears in 1 contract
Samples: Extradition Treaty
Extraditable Offences. 1. For the purposes of this Treaty, extraditable offences are offences however described which are punishable under the laws of both States Contracting Parties by imprisonment deprivation of liberty for a maximum period of at least one year or by a more severe penalty.
2. Where the request for extradition relates to a person convicted sentenced to deprivation of such an offence who is wanted liberty by a court of the Requesting Party for the enforcement of a sentence of imprisonmentany extraditable offence, extradition shall be granted only if a period of at least six (6) months of such penalty in the sentence remains to be served.
23. For the purpose of this Article Article, in determining whether an offence is an offence against the laws of both StatesContracting Parties:
(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 Contracting Parties place the acts or omissions conduct constituting the offence within the same category of offence or denominate the offence by the same terminology;
(cb) the totality of the acts or omissions conduct alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the StatesContracting Parties, the constituent elements of the offence differ.
34. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue mattersmatter, extradition may not be refused on the ground that the law of the Requested State Party 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 StateParty.
45. Where the offence has been committed outside the territory of the Requesting StateParty, extradition shall be granted where the law of the Requested State Party provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested State Party does not so provide provide, the Requested State Party may, in its discretion, grant extradition.
6. Extradition may be granted pursuant to the provisions of this Treaty in respect of an offence provided that: (a) it was an offence in the Requesting Party at the time of the conduct constituting the offence; and
Appears in 1 contract
Samples: Extradition Treaty
Extraditable Offences. 1. For the purposes of this TreatyExtradition shall be granted for intentional conduct which, extraditable offences are offences which are punishable under the laws of both States by imprisonment for a maximum period of at least one year or Parties, constitutes an offence punishable by a term of imprisonment of more severe penaltythan one year, both at the time of the commission of the offence and at the time of the extradition request. Where In addition, where the request for extradition relates to a person convicted sentence of imprisonment or other deprivation of liberty that has been imposed by the courts of the Requesting Party, the portion of the sentence that remains to be served must be at least six months.
2. Subject to paragraph 1, an offence under this Treaty shall be regarded as extraditable:
a. if the offence was committed in the territory of the Requesting Party:
b. if the offence was committed outside the territory of the Requesting Party, provided that:
i. the laws of the Requested Party provide for the punishment of such an offence who committed in similar circumstances, or
ii. the person sought is wanted for a national of the enforcement of a sentence of imprisonmentRequesting Party, extradition shall be granted only if a period of at least six months of such penalty remains and that Party has jurisdiction under its own laws to be servedtry that person.
23. 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 mustArticle, 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 Parties place the acts or omissions conduct constituting the offence within the same category of offence or denominate the offence by the same or similar terminology;.
(c) 4. For the purpose of this Article, in determining whether the conduct is an offence against the laws of both Parties, the totality of the acts or omissions alleged against the person whose extradition is sought requested shall be taken into account and it shall not matter whether, under without reference to 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 prescribed by the law of the Requesting StateParty.
45. Where If the offence has been committed outside request for extradition relates to a sentence of both imprisonment or other deprivation of liberty as provided in paragraph 1 and a pecuniary sanction, the territory Requested Party may also grant extradition for the enforcement of the Requesting Statepecuniary sanction.
6. An offence is extraditable notwithstanding that it relates to taxation, extradition shall be granted where the law customs or revenue or is one 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 extraditiona purely fiscal character.
Appears in 1 contract
Samples: Extradition Treaty
Extraditable Offences. 1. For the purposes purpose of this Treaty, extraditable offences are offences which which, at the time of the request, are punishable under the laws of both States Parties by imprisonment deprivation of liberty for a maximum period of at least one year or by a more severe penalty.
2. Where the request for extradition relates to a person convicted sentenced to deprivation of such an offence who is wanted liberty by a court of the Requesting Party for the enforcement of a sentence of imprisonmentany extraditable offence, extradition shall be granted only if a period of at least six six(6) months of such penalty the sentence remains to be served.
23. For the purpose of this Article Article, in determining whether an offence is an offence against the laws of both StatesParties:
(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 Parties place the acts or omissions conduct constituting the offence within the same category of offence or denominate the offence by the same terminology;
(cb) the totality of the acts or omissions conduct alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the StatesParties, the constituent elements of the offence differ.
34. 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 grounds that the law of the Requested State Party does not impose the same kind of tax or duty or does not contain a tax, duty, customs, customs or exchange regulation of the same kind as the law of the Requesting StateParty.
45. Where the offence has been committed outside the territory of the Requesting State, Party extradition shall be granted where the law of the Requested State Party provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested State Party does not so provide provide, the Requested State Party may, in its discretion, grant extradition.
6. If the request for extradition refers to several offences each of which is punishable under the laws of both Parties, but some of which do not fulfil the other conditions set out in paragraphs 1 and 2 of this Article, extradition may be granted for the offences provided that the person is to be extradited for at least one extraditable offence.
Appears in 1 contract
Samples: Extradition Treaty
Extraditable Offences. 1. For the purposes of this Treaty, extraditable offences are offences however described which are punishable under the laws of both States Contracting Parties by imprisonment deprivation of liberty for a maximum period of at least one year or by a more severe penalty.
2. Where the request for extradition relates to a person convicted sentenced to deprivation of such an offence who is wanted liberty by a court of the Requesting Party for the enforcement of a sentence of imprisonmentany extraditable offence, extradition shall be granted only if a period of at least six four months of such penalty the sentence remains to be served.
23. For the purpose of this Article Article, in determining whether an offence is an offence against the laws law of both StatesContracting Parties:
(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 Contracting Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology;
(cb) 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 StatesContracting Parties, the constituent elements of the offence differ.
34. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue mattersmatter, extradition may not be refused on the ground that the law of the Requested State Party 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 StateParty.
45. Where the offence has been committed outside the territory of the Requesting State, Party extradition shall be granted where the law of the Requested State Party provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested State Party does not so provide the Requested State Party may, in its discretion, grant extradition.
6. Extradition may be granted pursuant to the provisions of this Treaty in respect of an offence provided that:
(a) it was an offence in the Requesting Party at the time of the acts or omissions constituting the offence; and
(b) the acts or omissions alleged would, if they had taken place in the territory of the Requested Party at the time of the making of the request for extradition, have constituted an offence against the law in force in the territory of the Requested Party.
Appears in 1 contract
Samples: Extradition Treaty
Extraditable Offences. 1. For the purposes Extradition shall be granted in respect of this Treaty, extraditable offences are offences which that are punishable under the laws of both Contracting States by imprisonment or other measure of deprivation of liberty for a maximum period of at least one year or by a more severe penaltyyear. Where the request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonmentimprisonment or other measure of deprivation of liberty, extradition shall be granted only if a period of at least six months imprisonment or other measure of such penalty deprivation of liberty remains to be served.
2. For the purpose purposes of this Article Article, in determining whether an offence is an offence against the laws law of both Contracting 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 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;
(cb) the The totality of the acts or omissions alleged against the person whose extradition is sought requested 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 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 for which extradition is requested has been committed outside the territory of the Requesting requesting State, extradition shall be granted where subject to the provisions of this Agreement:
a) If the person whose extradition is requested is a national of the requesting State; or
b) If the law of the Requested requested State provides for the punishment of an offence committed outside its territory in similar circumstances.
4. Where Extradition shall be granted in accordance with the law provisions of this Agreement for offences of a fiscal character including duties, taxation, customs and exchange.
5. If the Requested request for extradition includes several separate offences, which are punishable under the laws of both Contracting States, but some of which do not fulfil the other conditions set out in paragraph 1 of this Article, the requested State does not so provide may grant extradition for the Requested State may, in its discretion, grant extraditionlatter offences provided that the person is to be extradited for at least one extraditable offence.
Appears in 1 contract
Samples: Extradition Agreement
Extraditable Offences. 1. For the purposes of this TreatyExtradition shall be granted for intentional conduct which, extraditable offences are offences which are punishable under the laws of both States by imprisonment for a maximum period of at least one year or Parties, constitutes an offence punishable by a term of imprisonment of more severe penaltythan one year, both at the time of the commission of the offence and at the time of the extradition request. Where In addition, where the request for extradition relates to a person convicted sentence of imprisonment or other deprivation of liberty that has been imposed by the courts of the Requesting Party, the portion of the sentence that remains to be served must be at least six months.
2. Subject to paragraph 1, an offence under this Treaty shall be regarded as extraditable:
a) if the offence was committed in the territory of the Requesting Party:
b) if the offence was committed outside the territory of the Requesting Party, provided that:
(i) the laws of the Requested Party provide for the punishment of such an offence who committed in similar circumstances, or
(ii) the person sought is wanted for a national of the enforcement of a sentence of imprisonmentRequesting Party, extradition shall be granted only if a period of at least six months of such penalty remains and that Party has jurisdiction under its own laws to be servedtry that person.
23. 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 mustArticle, 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 Parties place the acts or omissions conduct constituting the offence within the same category of offence or denominate the offence by the same or similar terminology;.
(c) 4. For the purpose of this Article, in determining whether the conduct is an offence against the laws of both Parties, the totality of the acts or omissions alleged against the person whose extradition is sought requested shall be taken into account and it shall not matter whether, under without reference to 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 prescribed by the law of the Requesting StateParty.
45. Where If the offence has been committed outside request for extradition relates to a sentence of both imprisonment or other deprivation of liberty as provided in paragraph 1 and a pecuniary sanction, the territory Requested Party may also grant extradition for the enforcement of the Requesting Statepecuniary sanction.
6. An offence is extraditable notwithstanding that it relates to taxation, extradition shall be granted where the law customs or revenue or is one 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 extraditiona purely fiscal character.
Appears in 1 contract
Samples: Extradition Treaty
Extraditable Offences. 1. For the purposes of this Treaty, extraditable offences are offences however described which are punishable under the laws of both Contracting 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 purposes of this Article in determining whether an offence is an offence against the laws law of both States:Contracting 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) 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;; and
(c) 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 matters, 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.
5. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence in relation to which extradition is sought was committed, provided that:
a. it was an offence in the Requesting State at the time of the acts or omissions constituting the offence; and
b. the acts or omissions alleged would, if they had taken place in the territory of the Requested State at the time of the making of the request for extradition, have constituted an offence against the law in force in that State.
Appears in 1 contract
Samples: Extradition Treaty
Extraditable Offences. 1. For the purposes of this Treaty, An offence shall be an extraditable offences are offences which are offence if it is punishable under the laws of both States Parties by imprisonment for a maximum period of at least not less than one year year, or by a more severe penalty.
2. An offence shall also be an extraditable offence if it consists of an attempt or a conspiracy to commit, aiding or abetting, counseling, causing or procuring the commission of or being an accessory before or after the fact to, any offence described in paragraph 1 and is punishable under the laws of both Parties by imprisonment for a period of not less than one year, or by a more severe penalty.
3. Where the request for extradition relates to a person convicted of such an offence who is wanted by the Requesting Party for the enforcement of a sentence of imprisonment, extradition a further requirement shall be granted only if a period of that at least six months of such penalty the sentence of imprisonment remains to be served.
24. For the purpose purposes of this Article Article, in determining whether an offence is an offence against punishable under the laws of both StatesParties:
(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 Parties place the acts or omissions constituting the offence within the same category of offence offences or denominate describe the offence by the same terminology;
(cb) 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 StatesParties, the constituent elements of the offence differ.
35. 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, matter extradition may not be refused on the ground that the law laws of the Requested State does Party do not impose the same kind of tax or duty or does do not contain a tax, duty, customs, or exchange regulation of the same kind as the law laws of the Requesting StateParty.
46. Where If the offence has been committed outside the territory of the Requesting StateParty, extradition shall be granted where if the law laws of the Requested State provides Party provide for the punishment of an offence committed outside its territory in similar circumstances, and if the requirements of extradition under this Treaty are otherwise met. Where If the law laws of the Requested State does Party do not so provide provide, the Requested State Party may, in its discretion, grant deny extradition.
7. Extradition may be granted pursuant to the provisions of this Treaty irrespective of when the offence for which extradition is sought was committed, provided that:
(a) it was an offence in the Requesting Party at the time of the acts or omissions constituting the offence; and
(b) the acts or omissions alleged would, if they had taken place in the territory of the Requested Party at the time of the making of the request for extradition, have constituted an offence against the laws in force in that Party.
Appears in 1 contract
Samples: Extradition Treaty
Extraditable Offences. 1. For the purposes of this Treaty, extraditable offences are offences however described which are punishable under the laws of both States Contracting Parties by imprisonment deprivation of liberty for a maximum period of at least one year or by a more severe penalty.
2. Where the request for extradition relates to a person convicted sentenced to deprivation of such an offence who is wanted liberty by a court of the Requesting Party for the enforcement of a sentence of imprisonmentany extraditable offence, extradition shall be granted only if a period of at least six (6) months of such penalty in the sentence remains to be served.
23. For the purpose of this Article Article, in determining whether an offence is an offence against the laws of both StatesContracting Parties:
(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 Contracting Parties place the acts or omissions conduct constituting the offence within the same category of offence or denominate the offence by the same terminology;
(cb) the totality of the acts or omissions conduct alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the StatesContracting Parties, the constituent elements of the offence differ.
34. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue mattersmatter, extradition may not be refused on the ground that the law of the Requested State Party 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 StateParty.
45. Where the offence has been committed outside the territory of the Requesting StateParty, extradition shall be granted where the law of the Requested State Party provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested State Party does not so provide provide, the Requested State Party may, in its discretion, grant extradition.
6. Extradition may be granted pursuant to the provisions of this Treaty in respect of an offence provided that:
(a) it was an offence in the Requesting Party at the time of the conduct constituting the offence; and
(b) the conduct alleged would, if it had taken place in the territory of the Requested Party at the time of the making of the request for extradition, have constituted an offence against the law in force in the territory of the Requested Party.
7. If the request for extradition relates to a number of offences, each of which is punishable under the laws of both Contracting Parties, but some of which do not meet the other requirements of paragraphs 1 and 2 of this Article, the Requested Party may grant extradition for such offences provided that the person is to be extradited for at least one extraditable offence.
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Samples: Extradition Treaty
Extraditable Offences. 1. For the purposes of this Treaty, extraditable offences are offences however described which are punishable under the laws of both States Parties by imprisonment for a maximum period of at least one year or by a more severe penalty.
2. 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.
23. For the purpose purposes of this Article Article, in determining whether an offence is an offence against the laws of both StatesParties:
(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 Parties place the acts or omissions conduct constituting the offence within the same category of offence or denominate the offence by the same terminology;
(cb) the totality of the acts or omissions conduct alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the StatesParties, the constituent elements of the offence differ.
34. 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 Party 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 StateParty.
45. Where the offence has been committed outside the territory of the Requesting StateParty, extradition shall be granted granted, pursuant to this Treaty, where the law of the Requested State Party provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested State Party does not so provide provide, the Requested State Party may, in its discretion, grant extradition.
6. Extradition may be granted under this Treaty provided that:
a) the conduct in respect of which extradition is sought constituted an offence in the Requesting Party at the time it occurred; and
b) the conduct would, if it had taken place in the territory of the Requested Party at the time the request for extradition was received, have constituted an offence in that Party.
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Samples: Extradition Treaty
Extraditable Offences. 1. An offence shall be an extraditable offence if it is punishable under the laws in both Contracting States by deprivation of liberty for a-period of more than one year, or by a more severe penalty.
2. An offence shall also be an extraditable offence if it consists of attempting or conspiring to commit, aiding, abetting, inducing, counseling or procuring the commission of, or being an accessory before or after the fact to, any offence contemplated in paragraph 1.
3. For the purposes of this Treatyarticle, extraditable offences are offences which are punishable under the 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 an extraditable offence 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 Contracting States place the acts or omissions constituting the offence within the same category of offence offences or denominate describe the offence by the same terminology;.
(c) 4. If an offence has been committed outside the totality territory of the acts or omissions alleged against the person whose Requesting State, extradition is sought shall be taken into account and it shall not matter whether, under granted where the laws of the StatesRequested State provide for the punishment of an offence committed outside its territory in similar circumstances. Where the laws of the Requested State do not so provide, the constituent elements executive authority of the offence differRequested State may, in its discretion, grant extradition.
35. Extradition shall also be granted in respect of a person convicted of but not yet sentenced, or convicted of and sentenced for an offence as contemplated in this article, for the purpose of sentence, or for enforcing such sentence or the remaining portion thereof, as the case may be.
6. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control 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, customs duty, customs, or exchange regulation of the same kind as the law of the Requesting State.
47. Where the offence extradition has been committed outside the territory of the Requesting Stategranted for an extraditable offence, extradition it shall also be granted where for any other offence specified in the law request even if the latter offence is punishable by less than one year's deprivation of the Requested State provides for the punishment liberty, provided that all other requirements 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 extraditionextradition are met.
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Samples: Extradition Treaty