Requests for Extradition Made by Several States
(1) If the Requested State receives requests from the other
Contracting Party and from one or more third states for the extradition of
the same person, either for the same offense or for different offenses, it shall
determine to which State it will extradite that person. In making its
decision, it shall consider all relevant factors, including but not limited to:
(a) the State in which the offense was committed ;
(b) in cases involving different offenses, the State seeking the
individual for the offense which is punishable by the most severe penalty in
accordance with the law of the Requested State;
(c) in cases involving different offenses that the Requested State
considers of equal gravity, the order in which requests were received from
the Requesting States;
(d) the nationality of the offender; and
(e) the possibility of reextradition between the Requesting States.
(2) In the case of a request from Thailand, the decision described in
paragraph (1) of this Article shall be made by the Executive Authority in the
United States of America. In the case of a request from the United States of
America, the decision shall be made by the competent authority in Thailand.
Rule of Specialty
(1) A person extradited under this Treaty shall not be detained, tried,
or punished in the territory of the requesting State for an offense other than
that for which extradition has been granted, nor be extradited by that State
to a third State, unless :
(a) that person has left the territory of the Requesting State after
extradition and has voluntarily returned to it ;
(b) that person has not left the territory of the Requesting State
within 45 days after being free to do so ; or
(c) the Requested State has consented to the detention, trial, or
punishment of that person for an offense other than that for which
extradition was granted, or to the extradition to a third State. For this
purpose, the Requested State may require the submission of any document
or statement mentioned in Article 9, including any statement made by the
extradited person with respect to the offense concerned.
These stipulations shall not apply to offenses committed after
(2) If the charge for which the person was extradited is legally altered
in the course of proceedings by virtue of a new statute, or the charging,
pleading, or finding of a lesser offense, that person may be prosecuted or
sentenced accordingly, provided the altered charge is:
(a) based on the same set of facts contained in the extradition request
and its supporting documents ; and
(b) punishable by the same maximum penalty as, or a lesser
maximum penalty than, the offense for which that person was extradited.
If the person sought irrevocably agrees in writing to extradition after
personally being advised by the competent authority of his right to formal
extradition proceedings and the protection afforded them, the Requested
State may grant extradition without formal extradition proceedings.
Handing over of Property
(1) The Requested State shall, insofar as its law permits and at the
request of the Requesting State, seize and upon the granting of the
extradition hand over property:
(a) which may be required as evidence; or
(b) which has been acquired as a result of the crime and
which, at the time of the arrest, is found in the possession of the person
claimed or is subsequently discovered.
(2) The property mentioned in paragraph (1) of this Article shall be
handed over even if extradition, having been granted, cannot be carried out
due to the death, disappearance, or escape of the person claimed.
(3) When the said property is liable to seizure or confiscation in the
territory of the Requested State, the latter may, in connection with pending
criminal proceedings, temporarily retain it or hand it over on condition that
it be returned.
(4) Any right which the Requested State or any State or individual
may have acquired in the said property shall be preserved. Where these
rights exist, the property shall be returned without charge to the Requested
State at its request as soon as possible after the trial.