Obligation to extradite
Each Party agrees to extradite to the other, in accordance with the provisions of this Treaty, any person who is wanted for prosecution, trial, or the imposition or enforcement of a sentence in the Requesting Party for an extraditable offence.
3. For the purpose of this Article, in determining whether the conduct constitutes an offence against the laws of both Parties, the totality of the conduct alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether:
4. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, foreign exchange control or other revenue matters, extradition may not be refused on the grounds that the law of the Requested Party does not impose the same kind of tax or duty or does not contain a tax, duty, customs or exchange regulation of the same kind as the law of the Requesting Party.
5. Where the offence has been committed outside the territory of the Requesting Party, extradition shall be granted where the law of the Requested Party provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the Requested Party does not so provide, the Requested Party may, in its discretion, grant extradition.
6. If the request for extradition relates to several offences, each of which is punishable under the laws of both Parties, but some of which do not fulfil the other conditions set out in paragraphs 1 and 2 of this Article, extradition may be granted for the offences provided that the person is to be extradited for at least one extraditable offence.
Mandatory refusal of extradition
Extradition shall not be granted under this Treaty in any of the following circumstances:
3. when the prosecution or the enforcement of the sentence for the offence for which extradition is requested would have been barred by lapse of time under the law of the Requested Party, had the same offence been committed in the Requested Party. Acts or circumstances that would suspend the lapse of time under the law of the Requesting Party shall be given effect by the Requested Party;
4. when the Requested Party has well-founded reasons to suppose that the request for extradition has been presented with a view to prosecuting or punishing the person sought, on account of that person’s race, ethnic origin, religion, nationality, sex, other status or political opinion, or that that person’s position may be prejudiced for any of those reasons;
Discretionary refusal of extradition
Extradition may be refused under this Treaty in any of the following circumstances:
1. when the offence for which extradition is sought is regarded under the law of the Requested Party as having been committed in whole or in part within its territory. Where extradition is refused solely on this ground, the Requested Party shall, if the other Party so requests, submit the case to its competent authorities with a view to taking appropriate action against the person sought for the conduct for which extradition had been requested;
2. when the person sought has been finally acquitted or convicted in a jurisdiction other than that of either Party for the same offence for which extradition is requested and, if convicted, the sentence imposed has been fully served or is no longer enforceable;
3. when, in exceptional cases, the Requested Party, while also taking into account the seriousness of the offence and the interests of the Requesting Party, deems that, because of the personal circumstances of the person sought, the extradition would be incompatible with humanitarian considerations;
4. when the offence for which extradition is requested carries the death penalty under the law of the Requesting Party, unless that Party undertakes that the death penalty will not be sought or, if imposed, will not be carried out;
Postponed or temporary surrender
1. When the person sought is being proceeded against or is serving a sentence in the Requested Party for an offence other than that for which extradition is requested, the Requested Party may postpone surrender of the person sought until the proceeding has been concluded or the person has served the whole or any part of the sentence imposed. The Requested Party shall inform the Requesting Party of any postponement.
Extradition of nationals
2. If extradition is refused solely on the basis of the nationality of the person sought, the Requested Party shall, if the other Party so requests, submit the case to its competent authorities with a view to taking appropriate action against the person sought for the conduct for which extradition had been requested.
Extradition procedures and required documents
2. The request for extradition shall be accompanied by:
(b) if available, a physical description, photograph, fingerprints, and information concerning the nationality and probable location of the person sought.
For the purpose of paragraph 2(a) of this Article, a written statement is one which, if made falsely, would constitute an offence under the law of the Requesting Party.
5. When the request for extradition relates to a person convicted of an offence in absentia, it shall be accompanied by the documents required by paragraphs 3(b) and 3(c), and paragraph 4 of this Article.
2. If the supplementary information furnished is not sufficient or is not received within the time specified and the person whose extradition is sought is released from custody or discharged in accordance with the law of the Requested Party, the release or discharge shall not preclude the Requesting Party from making a new request for the person’s extradition.
1. In urgent cases, a Party may request the provisional arrest of the person sought pending the presentation of the request for extradition. A request for provisional arrest may be transmitted through the diplomatic channel or directly between the Ministry of Justice of the Republic of Korea and the New Zealand Police.
3. On receipt of such a request, the Requested Party shall, subject to its law and if satisfied that the requirements of paragraphs 1 and 2 of this Article are met, take the necessary steps to secure the arrest of the person sought and shall promptly notify the Requesting Party of the result.
4. The person arrested shall be set at liberty if the Requesting Party fails to present the request for extradition, accompanied by the documents specified in Article 7, within forty five (45) days from the date of arrest, provided that this shall not prevent the institution of proceedings with a view to extraditing the person sought if the request and documents are subsequently received.
When a person sought advises a court or other competent authorities of the Requested Party that he or she consents to extradition, the Requested Party shall take all necessary measures to expedite the extradition to the extent permitted under its laws.
1. Where requests are received from the other Party and any third State for the extradition of the same person either for the same offence or for different offences, the Requested Party shall determine to which of those States the person is to be extradited and shall notify the other Party of its decision.
Arrangements for surrender
1. The Requested Party shall keep the Requesting Party informed of progress in dealing with the request, and, in particular, give prompt advice of the dates by which information is, or documents are, required. As soon as a decision on the request for extradition has been made, it shall communicate that decision to the Requesting Party through the diplomatic channel. Reasons shall be given for any complete or partial refusal of the request for extradition.
3. The Requesting Party shall remove the person from the territory of the Requested Party within such reasonable period as the Requested Party specifies and, if the person is not removed within that period, the Requested Party may set that person at liberty and may refuse extradition for the same offence.
4. If circumstances beyond its control prevent a Party from surrendering or removing the person to be extradited, it shall notify the other Party. In that case, the Parties shall agree on the new date for surrender or removal and paragraph 3 of this Article applies accordingly.
Surrender of property
1. To the extent permitted under the law of the Requested Party and subject to the rights of third parties, which shall be duly respected, all property found in the territory of the Requested Party that may be required as evidence shall, if the Requesting Party so requests, be surrendered if extradition is granted.
2. Subject to paragraph 1 of this Article, the property shall, if the Requesting Party so requests, be surrendered to the Requesting Party even if the extradition cannot be carried out owing to the death, disappearance or escape of the person sought.
Rule of speciality
Re-extradition to a third State
The Requesting Party shall advise the Requested Party of the outcome of the proceedings and, upon request, of the enforcement of the sentence or the re-extradition of the person extradited under this Treaty.
1. Where a person is to be extradited to a Party from a third State through the territory of the other Party, the Party to which the person is to be extradited shall make a request in writing to the other Party, through the channel specified in Article 9(1), for authorisation for the person to transit through its territory.
4. Authorisation for transit shall not be required when air transport is to be used and no landing is scheduled in the territory of the Party of transit. If an unscheduled landing occurs in the territory of that Party, it may require the other Party to furnish a request for transit as provided in paragraph 1 of this Article.
Representation and expenses
Entry into force and termination
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Treaty.
DONE at Seoul on this 15 day of May 2001, in duplicate in the English and Korean languages, both texts being equally authentic.
|For New Zealand||For the Republic of Korea|
|R N Ferguson||Han Seung-soo|