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The Extradition (Drug Trafficking) Order 1991

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Article 3

SCHEDULE 3

PART IFOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE

StateDate of entry into force of Convention
Bahrain11th November 1990
Bhutan25th November 1990
China11th November 1990
Costa Rica9th May 1991
Egypt13th June 1991
Guinea26th March 1991
Jordan11th November 1990
Madagascar10th June 1991
Oman13th June 1991
Qatar11th November 1990
Senegal11th November 1990
Togo11th November 1990
Tunisia19th December 1990
United Arab Emirates11th November 1990
Union of Soviet Socialist Republics17th March 1991
Byelorussian Soviet Socialist Republic13th January 1991

PART IIAPPLICATION OF THE 1989 ACT IN THE CASE OF A STATE MENTIONED IN PART I

1.  The 1989 Act shall hereby have effect only in respect of–

(a)an offence mentioned in section 22(4)(h) of that Act;

(b)an attempt to commit such an offence;

(c)counselling, procuring, commanding, aiding or abetting such an offence; and

(d)being an accessory before or after the fact to such an offence.

2.  No proceeding shall be taken on an application for a provisional warrant issued under section 8(1)(b) of the 1989 Act, and no such warrant shall be issued, unless the application is made with the consent of the Secretary of State signified by an Order in the form set out in Part III of this Schedule or in a form to the like effect; but subject as aforesaid the signification of consent shall not affect the provisions of the said section 8.

3.—(1) Without prejudice to his so deciding on other grounds, the Secretary of State may, in the circumstances mentioned in the following sub-paragraph, decide not to make an order or issue a warrant–

(a)under section 7 of the 1989 Act issuing an authority to proceed, or

(b)under section 12 of the 1989 Act ordering the person to be returned, or

(c)for the purposes of paragraph 2 above signifying his consent to an application for a provisional warrant.

(2) The circumstances referred to in the preceding sub-paragraph are–

(a)that the Secretary of State is not satisfied that provision is made by the law of the State requesting the return under which a person accused or convicted in the United Kingdom of the like offence as that with which the person whose return is sought is accused or convicted might be surrendered to the United Kingdom if found in that State, or

(b)that the person whose return is sought is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person.

PART III

FORM OF CONSENT OF SECRETARY OF STATE TO APPLICATION FOR A PROVISIONAL WARRANT

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