Extradition of Nationals
1. Neither of the Contracting Parties shall be bound to deliver up its own nationals under this Treaty but the executive authority of each Contracting Party shall have the power to deliver them up if; in its discretion, it considers that it is proper to do so.
2. Where a Contracting Party refuses extradition pursuant to paragraph 1 of this Article, it may submit the case to its competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been sought may be taken if that is considered appropriate. That Contracting Party shall inform the Requesting Patty of any action taken and the outcome of any prosecution. Nationality shall be determined at the time of the commission of the offence for which extradition is requested.
Channel of Communication
Requests for extradition and any subsequent correspondence shall be communicated through the diplomatic channel.
Extradition Procedures and Required Documents
1. The request for extradition shall be made in writing. All documents submitted in support of a request for extradition shall be authenticated in accordance with Article 10.
2. The request for extradition shall be accompanied by:
(a) documents which describe the identity and, if possible the nationality of the person sought;
(b) a statement of the laws describing the essential elements and the designation of the offence;
(c) a statement of the laws describing the punishment for the offence;
(d) a statement of the laws relating to the time limit on the prosecution or the execution of punishment of the offence.
3. When the request for extradition relates to a person who has not yet been found guilty, it shall be accompanied by:
(a) a copy of the warrant of arrest issued by a judge or other competent officer of the Requesting Party;
(b) information establishing that the person sought is the person to whom 4 the warrant of arrest refers; and
(c) a statement of the conduct alleged to constitute the offence such as would provide reasonable grounds to suspect that the person sought has committed the offence for which extradition is requested.
4. When the request for extradition relates to a person found guilty, it shall be accompanied by:
(a) a copy of the relevant judgment rendered by a court of the Requesting Party;
(b) information establishing that the person sought is the person found guilty; and
(c) a statement of the conduct constituting the offence for which the person was found guilty.
5. All the documents to be presented by the Requesting Party pursuant to the provisions of this Treaty shall be accompanied by a translation in the language of the Requested Party or another language acceptable to that Party.
1. If the Requested Party considers that the information furnished in support of a request for extradition is not sufficient in accordance with this Treaty to enable extradition to be granted, that Party may request that additional information be furnished within such time as it specifies.
2. If the person whose extradition is sought is under arrest and the additional information furnished is not sufficient in accordance with this Treaty or is not received within the time specified, the person may be released from custody. Such release shall not preclude the Requesting Party from making a fresh request for the extradition of the person.
3. Where the person is released from custody in accordance with paragraph 2, the Requested Party shall notify the Requesting Party as soon as practicable.
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