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158 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRolling text A/AC.254/4/Rev.9 and Corr.1“Article 10 45“Extradition“1. This article shall apply to the offences covered by this Convention that arepunishable under the laws of both the requesting States Parties and the requestedStates Parties.“2. If the request for extradition includes several separate serious crimes, butof which some are other than those covered by this Convention, the requested Partymay apply this article also in respect of the latter offences.“3. Each of the offences to which this article applies shall be deemed to beincluded as an extraditable offence in any extradition treaty existing between StatesParties. The Parties undertake to include such offences as extraditable offences inevery extradition treaty to be concluded between them.“4. If a State Party that makes extradition conditional on the existence of atreaty receives a request for extradition from another State Party with which it hasno extradition treaty, it may consider this Convention the legal basis for extraditionin respect of any offence to which this article applies.“5. States Parties that make extradition conditional on the existence of a treatyshall:“(a) At the time of deposit of their instrument of ratification, acceptance orapproval of this Convention, inform the Secretary-General of the United Nations ofwhether they will take this Convention as the legal basis for cooperation on extraditionwith other States Parties to this Convention; and“(b) If they do not take this Convention as the legal basis for cooperation onextradition, seek, where appropriate, to conclude treaties on extradition with otherStates Parties to this Convention in order to implement this article.“6. States Parties that do not make extradition conditional on the existence ofa treaty shall recognize offences to which this article applies as extraditable offencesbetween themselves.“7. Extradition shall be subject to the conditions provided for by the law ofthe requested State Party or by applicable extradition treaties, including, inter alia,conditions in relation to the minimum penalty requirement for extradition and thegrounds upon which the requested Party may refuse extradition.“8. Nothing in this Convention shall be interpreted as imposing an obligationto extradite if the requested State Party has substantial grounds for believing that therequest has been made for the purpose of prosecuting or punishing a person on accountof that person’s sex, race, religion, nationality, ethnic origin or political opinions orthat compliance with the request would cause prejudice to that person’s position forany of these reasons.45Paragraphs 1 to 10 of this article were approved by the Ad Hoc Committee at its ninth session. Concerning paragraph1, see note 3 by the Secretariat below.