Common use of Provisional Arrest Clause in Contracts

Provisional Arrest. 1. In case of urgency, either of the Parties may request the provisional arrest of the person sought. A request for provisional arrest may be transmitted by any written means through the diplomatic channel or directly between the United States Department of Justice and the Ministry of Foreign Relations, Foreign Trade, and Worship of the Argentine Republic. 2. The application for provisional arrest shall contain: (a) a description of the person sought; (b) the location of the person sought, if known; (c) a brief statement of the facts of the case, including, if possible, the time and location of the offense; (d) a citation to the law or laws that set forth the offense; (e) a statement of the existence of a warrant of arrest, or of a finding of guilt or judgment of conviction, against the person sought; (f) an explanation of the reasons for the urgency of the request; and (g) a statement that a request for extradition of the person sought, [21] with the appropriate supporting documentation, will be presented. 3. The Requested State shall notify the Requesting State without delay of the disposition of an application for provisional arrest. 4. A person who is detained pursuant to this Article may be discharged from custody upon the expiration of sixty (60) calendar days from the date of such provisional arrest if the executive authority of the Requested State has not received the request for extradition and the supporting documents required in Article 8. 5. The fact that the person sought has been discharged from custody pursuant to paragraph 4 of this Article shall not be an obstacle to the rearrest and extradition of that person if an extradition request is received at a later date.

Appears in 1 contract

Samples: Extradition Treaty

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Provisional Arrest. 1. In case of urgency, either a Contracting State may initiate the process of the Parties may request extradition by requesting the provisional arrest of the person sought. A request for provisional arrest may be transmitted by any written means through the diplomatic channel or directly between the United States Department of Justice and the Ministry of Foreign Relations, Foreign Trade, and Worship Attorney General in Neverland. Such a request may also be transmitted through the facilities of the Argentine RepublicInternational Criminal Police Organization (INTERPOL), or through such other means as may be settled by arrangement between the Contracting States. 2. The application for provisional arrest shall contain: (a) a description of the person sought; (b) the location of the person sought, if known; (c) a brief statement of the facts of the case, including, if possible, the time and location of the offense; (d) a citation to description of the law or laws that set forth the offenseviolated; (e) a statement of the existence of a warrant of arrest, arrest or of a finding of guilt or judgment of conviction, conviction against the person sought; (f) an explanation of the reasons for the urgency of the request; and (gf) a statement that a request for extradition of for the person sought, [21] with the appropriate supporting documentation, sought will be presentedfollow. 3. The Requested Requesting State shall notify the Requesting State be notified without delay of the disposition of an its application and the reasons for provisional arrestany denial. 4. A Provisional arrest shall be terminated if, within a period of 45 days after the apprehension of the person who is detained pursuant to this Article may be discharged from custody upon the expiration of sixty (60) calendar days from the date of such provisional arrest if the executive authority of sought, the Requested State has not received the request for extradition and the supporting documents required mentioned in Article 86. This period may be extended, upon the Requesting State’s application, for up to an additional 15 days after the apprehension of the person sought. 5. The fact that the person sought has been discharged from custody pursuant to paragraph 4 of this Article shall not be an obstacle to prejudice the rearrest subsequent re-arrest and extradition of that person if an the extradition request is received and supporting documents are delivered at a later date.

Appears in 1 contract

Samples: Extradition Treaty

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Provisional Arrest. 1. In case of urgency, either of the Parties Contracting State may request the provisional arrest of the person soughtsought pending presentation of the request for extradition. A request for provisional arrest may be transmitted by any written means through the diplomatic channel or directly between the United States Department of Justice in the United States and the Ministry of Foreign Relations, Foreign Trade, and Worship Justice in the Hashemite Kingdom of Jordan. The facilities of the Argentine RepublicInternational Criminal Police Organization (INTERPOL) may be used to transmit such a request. 2. The application for provisional arrest shall contain: (a) a description of the person soughtsought (including a photograph, if possible) and information concerning the person's nationality; (b) the location of the person sought, if known; (c) a brief statement of the facts of the case, including, if possible, the time and location of the offense; (d) a citation to statement of the law or laws that set forth the offenseviolated; (e) a statement of the existence of a warrant of arrest, arrest or of a finding of guilt or judgment of conviction, conviction against the person sought; (f) an explanation of the reasons for the urgency of the request; and (gf) a statement that a request for extradition of for the person sought, [21] with the appropriate supporting documentation, sought will be presentedfollow. 3. The Requested Requesting State shall notify the Requesting State be notified without delay of the disposition of an its application and the reasons for provisional arrestdenial, if the request is denied. 4. A person who is detained pursuant to this Article may provisionally arrested shall be discharged from custody upon the expiration of sixty (60) calendar days from the date of such provisional arrest pursuant to this Treaty if the executive competent authority of the Requested State has not received the formal request for extradition and the supporting documents required in Article 8. This period may be extended, upon application of the Requesting State, for up to an additional thirty (30) days. 5. The fact that the person sought has been discharged from custody pursuant to paragraph 4 of this Article shall not be an obstacle to prejudice the subsequent rearrest and extradition of that person if an the Requested State receives the extradition request is received and supporting documents at a later date.

Appears in 1 contract

Samples: Extradition Treaty

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