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Part One. Article 16 157“(b) Whenever a State Party is permitted under its domestic law to extradite orotherwise surrender one of its nationals only upon the condition that the person willbe returned to that State to serve the sentence imposed as a result of the trial or proceedingsfor which the extradition or surrender of the person was sought and thisState and the State seeking the extradition of the person agree with this option andother terms that they may deem appropriate, such a conditional extradition or surrendershall be sufficient to discharge the obligation set forth in subparagraph (a) of thisparagraph.“12. If extradition, sought for purposes of enforcing a sentence, is refusedbecause the person sought is a national of the requested State Party, the requestedParty shall, if its law so permits and if it is in conformity with the requirement ofsuch law, upon application of the requesting Party, consider the enforcement of thesentence that has been imposed under the law of the requesting Party or the remainderthereof.“13. Any person regarding whom proceedings are being carried out in connectionwith any of the offences covered by this Convention shall be guaranteed fairtreatment at all stages of the proceedings, including enjoyment of all the rights andguarantees provided by the law of the State in the territory of which that person ispresent.“14. States Parties shall seek to conclude bilateral and multilateral agreementsto carry out or to enhance the effectiveness of extradition.“15. Before refusing extradition, the requested State Party shall [whenever possibleor when requested by the requesting State Party] [where appropriate or whenrequested by the requesting State Party] consult with the requesting State Party toprovide it with ample opportunity to present its opinions and to provide informationrelevant to its allegation.” 44United States of America (A/AC.254/L.213)Ninth session: 5-16 June 2000The United States proposed that article 10, paragraph 11 (a), would read as follows:“11. (a) A State Party in whose territory an alleged offender is found, if itdoes not extradite such person in respect of an offence covered by this Conventionon the ground that he or she is one of its nationals, shall, at the request of the StateParty seeking extradition, be obliged to submit the case without undue delay to itscompetent authorities for the purpose of prosecution. Those authorities shall take theirdecision in the same manner as in the case of any other offence of a grave natureunder the laws of that State.”44At the informal consultations held during the eighth session of the Ad Hoc Committee, there was extensive discussionregarding the formulation of this paragraph. Several delegations stated that, notwithstanding practical considerationsthat the words “where appropriate” or “whenever possible” were intended to address, the obligatory nature of this paragraphshould not be affected, especially in connection with paragraph 8 of this article.