The Brazil (Extradition) Order 1997

ARTICLE 1 Duty to Extradite

(1) Each Contracting State undertakes to extradite to the other, in the circumstances and subject to the conditions specified in this Treaty, and each in accordance with the legal formalities in force in its own country, any person who, being accused or convicted of an extradition offence as described in Article 2, committed within the territory of the one state, is found within the territory of the other State.

(2) Extradition shall also be available in respect of an extradition offence as described in Article 2 committed outside the territory of the Requesting State but in respect of which it has jurisdiction if the Requested State would, in corresponding circumstances, have jurisdiction over such an offence. In such circumstances the Requested State shall have regard to all the circumstances of the case including the seriousness of the offence.

(3) In addition, extradition shall be available for an extradition offence as described in Article 2:

(a) if it is committed in a third State by a national of the Requesting State and the Requesting State bases its jurisdiction on the nationality of the offender; and

(b) if it occurred in the Requested State, it would be an offence under the law of that State punishable with imprisonment for at least twelve months or by a more severe penalty.

(4) Extradition shall be available in respect of an extradition offence as described in Article 2, whether such offence was committed before or after the entry into force of this Treaty.