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28 DC JUNHO DE I98S

3447

c) Against legislation protecting national art treasures;

4) That there is at least one year of the offender's sentence remaining to be served at the time of his application for transfer;

5) That the judgment under which the offender is serving his sentence is final and no further or other legal proceedings relating to the offense for which the offender was convicted and sentenced or any other offense are pending in the transferring State;

6) That, in the case of imprisonment, confinement or other form of deprivation of liberty, the offender shall, at the time of transfer, have served in the transferring State any minimum period of the sentence stipulated by the law of the transferring State;

7) That the transfer may be refused if:

a) It is considered by the transferring State to jeopardize its sovereignty, its security or its public order; or

b) The offender is also a national of the transferring State.

Article III Procedure for transfer

1 — Either Party may inform an offender, who is within the scope of the present Treaty, of the substance of the Treaty.

2 — Every transfer under this Treaty shall be commenced through diplomatic channels by a written request from the receiving State to the transferring State. If the transferring State approves the request, it shall so inform the receiving State through diplomatic channels and initiate procedures to effectuate the transfer of the offender.

3 — In deciding upon the transfer of an offender, each Party shall consider the following factors:

a) The probability that transfer of the offender will contribute to his social rehabilitation or otherwise be in his best interests; and

b) The nature and severity of the offense, including the effects of the offense within the transferring and receiving States and any mitigating or aggravating circumstances.

4 — No offender shall be transferred unless:

c) He is under a sentence of imprisonment for life;

b) He is serving a sentence with a definite termination date, or the authorities competent to fix such a date have so acted; or

c) He is subject to confinement, custody or supervision under the law of the transferring State relating to juvenile offenders.

5 — The transferring State shall furnish to the receiving State a statement showing the offense of which the offender was convicted, the termination date of the sentence, the length of time already served by the offender, and any credits to which the offender is entitled on account of work done, good behavior or pretrial confinement.

6 — The transferring State shall furnish to the receiving State a certified copy of all judgments and

sentences concerning the offender from the date of his detention in the transferring State. When die receiving State considers such information insufficient, it may request additional information.

7 — Delivery of the offender by the authorities of the transferring State to those of the receiving State shall occur at a place within the transferring State agreed upon by both Parties. The transferring State shall afford an opportunity to the receiving State, if the receiving State so desires, to verify, prior to the transfer, that the offender's consent to the transfer is given voluntarily and with full knowledge of the consequences thereof, through the officer designated by the law of the receiving State.

Article IV Detention of Jurisdiction

In respect of sentences to be executed pursuant to this Treaty, the transferring State shall retain exclusive jurisdiction regarding the judgments of its courts, the sentences imposed by them, and any procedures for revision, modification or cancellation of judgments and sentences pronunced by its courts. The receiving State, upon being informed of any revision, modification or cancellation of such a judgment or sentence, shall put such measure into effect.

Article V Procedure for execution of sentence

1 — Except as otherwise provided in this Treaty, the completion of a transferred offender's sentence shall be carried out according to the laws and procedures of the receiving State, including those governing conditions for service of imprisonment, confinement or other deprivation of liberty, probation and parole, and those providing for the reduction of the term of imprisonment, confinement or other deprivation of liberty by parole, conditional release or otherwise. The transferring State shall, in addition, retain a power to pardon the offender or to commute his sentence and the receiving State shall, upon being notified of such pardon or commutation, give effect thereto.

2—The receiving State may treat under its law relating to juvenile offenders any offender so categorized under its law regardless of his status under the law of the transferring State.

3 — No sentence of deprivation of liberty shall be enforced by the receiving State in such a way as to extend it beyond the period specified in the sentence ot the court of the transferring State.

4 — The expenses incurred in the transfer of the offender or in the completion of the offender's sentence shall be borne by the receiving State.

5 — The authorities of either Party shall at the request of the other Party provide reports indicating the status of all offenders transferred under this Treaty, including, in particular, the parole or release of any offender. Either Party may, at any time, request a special report on the status of the execution of an individual sentence.

6 — The transfer of an offender under the provisions of this Treaty shall not entail any additional disability under the law of the receiving State beyond that