The Requested State may refuse to extradite a person claimed for a
crime which is regarded by its laws as having been committed in whole or
in part in its territory or in a place treated as its territory, provided it shall
proceed against the person for that crime according to its laws.
Prior Jeopardy for the Same Offense
(1) Extradition shall not be granted when the person sought has
been tried and convicted or acquitted in the Requested State for the offense
for which extradition is requested.
(2) Extradition may be denied when the person sought is being or
has been proceeded against in the Requested State for the offense for which
extradition is requested.
(3) Extradition may be granted even if the competent authorities of
the Requested State have decided not to prosecute the person sought for the
acts for which extradition is requested.
The provisions of the present Treaty shall not import a claim of extradition for any crime or offense of a political character, nor for acts connected with such crimes or offenses; and no person surrendered by or to either of the High Contracting Parties in virtue of this Treaty shall be tried or punished for a political crime or offense. When the offense charged comprises the act either of murder or assassination or of poisoning, either consummated or attempted, the fact that the offense was committed or attempted against the life of the Sovereign or Head of a foreign State or against the life of any member of his family, shall not be deemed sufficient to sustain that such crime or offense was of a political character; or was an act connected with crimes or offenses of a political character.
When the offense for which extradition is sought is punishable by
death under the laws of the Requesting State and is not punishable by death
under the laws of the Requested State, the competent authority of the
Requested State may refuse extradition unless :
(a) the offense is murder as defined under the laws of the Requested
State ; or
(b) the competent authority of the Requesting State provides
assurances that it will recommend to the pardoning authority of the
Requesting State that the death penalty be commuted if it is imposed.
In the case of the United States of America, the competent authority
is the Executive Authority.
Lapse of Time
Extradition shall not be granted when the prosecution or the
enforcement of the Penalty for the offense for which extradition has been
sought has become barred by lapse of time according to the laws of the
(1) Neither Contracting Party shall be bound to extradite its own
In a case in which the United States of America is the Requested
State, the Executive Authority shall have the power to extradite its nationals
if, in its discretion, it is deemed proper to do so.
In a case in which Thailand is the Requested State, the competent
authority may extradite its nationals if not prevented from doing so.
(2) If extradition is not granted pursuant to paragraph (1) of this
Article, the Requested State shall, at the request of the Requesting State,
submit the case to its competent authority for prosecution. For this purpose,
the Requesting State shall submit the files, information, and exhibits
relating to the case to the Requested State. If the Requested State requires
additional documents or evidence, such documents or evidence shall be
submitted without charge to that State.
(3) Notwithstanding paragraph (2) of this Article, the Requested
State shall not be required to submit the case to its competent authority for
prosecution if the Requested State has no jurisdiction over the offense.
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