2 Austria will grant extradition also under the conditions mentioned in Article 2, paragraph 2.
Austria will regard the time of surrender of the person claimed as decisive for the determination of nationality.
Austria will only grant extradition of a person for an offence which, according to Austrian law, is under Austrian jurisdiction, insofar as that person will be extradited for another offence and as the condemnation of that person by the judicial authorities of the requesting State for all offences is in the interest of ascertaining the truth or useful by reason of fixing of the penalty and execution of the sentence.
Austria will grant extradition if the person claimed was acquitted only for lack of Austrian jurisdiction, or if, only for this reason, criminal proceedings against this person have not been instituted or if instituted criminal proceedings were terminated.
In case of a request for provisional arrest Austria also requires a short statement of the facts the person claimed is charged with.
In any case Austria will refuse transit of Austrian nationals.
Transit for offences punishable, under the law of the requesting Party, by death or by a sentence incompatible with the requirements of humanity and human dignity, will be granted under the conditions governing the extradition for such offences.