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Part One. Article 16 143Parties. The Parties undertake to include such <strong>of</strong>fences as extraditable <strong>of</strong>fences inevery extradition treaty to be concluded between them.“Option 1“3. If a State Party that makes extradition conditional on the existence <strong>of</strong> atreaty receives a request for extradition from another Party with which it has no extraditiontreaty, it may 1 [, at its option,] consider <strong>this</strong> Convention the legal basis forextradition in respect <strong>of</strong> any <strong>of</strong>fence to which <strong>this</strong> article applies. [Extradition shallbe subject to the other conditions provided for by the law <strong>of</strong> the requested State.]The Parties that require detailed legislation in order to use <strong>this</strong> Convention as a legalbasis for extradition shall consider enacting such legislation as may be necessary. 2“Option 2“3. If a State Party that makes extradition conditional on the existence <strong>of</strong> atreaty receives a request for extradition from another State Party with which it hasno extradition treaty, it shall consider the present Convention the legal basis for extraditionin respect <strong>of</strong> any <strong>of</strong>fence to which <strong>this</strong> article applies. [Extradition shall besubject to the other conditions provided for by the law <strong>of</strong> the requested State.] TheParties that require detailed legislation in order to use <strong>this</strong> Convention as a legal basisfor extradition shall consider enacting such legislation as may be necessary.“4. States Parties that do not make extradition conditional on the existence <strong>of</strong>a treaty shall recognize <strong>of</strong>fences to which <strong>this</strong> article applies as extraditable <strong>of</strong>fencesbetween them [, subject to the conditions provided for by the law <strong>of</strong> the requestedState]. 3“Option 1“5. Extradition shall be subject to the conditions provided for by the law <strong>of</strong>the requested State Party or by applicable extradition treaties, including the groundsupon which the requested Party may refuse extradition.“Option 2“5. With respect to the <strong>of</strong>fences as [defined] [covered] in <strong>this</strong> Convention, theprovisions <strong>of</strong> all extradition treaties and arrangements applicable between StatesParties are modified as between States Parties to the extent necessary to give effectto the provisions <strong>of</strong> <strong>this</strong> Convention.“[6. The <strong>of</strong>fences established in article(s) [...] [alternatively: the <strong>of</strong>fences coveredby <strong>this</strong> Convention] shall be treated, for the purposes <strong>of</strong> extradition betweenStates Parties, as if they had been committed not only in the place in which theyoccurred but also in a place within the jurisdiction <strong>of</strong> the State Party requesting extradition.]1It was suggested that, as demonstrated in the implementation <strong>of</strong> similarly formulated provisions in the United NationsConvention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances <strong>of</strong> 1988 (United Nations, Treaty Series,vol. 1582, No. 27627), the use <strong>of</strong> the word “may” provided States with extensive discretion, which entailed the risk <strong>of</strong> renderingsuch a provision ineffective.2It was suggested that the word “shall” as used in <strong>this</strong> option would give preferential status to <strong>this</strong> convention inextradition. Such a course <strong>of</strong> action would require much more detailed provisions on extradition.3It was suggested that the substance <strong>of</strong> <strong>this</strong> paragraph could be integrated with a more general article on the relationship<strong>of</strong> <strong>this</strong> convention to other bilateral or multilateral treaties.

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