- ----------- @) Southern African Development Community ARTICLE 2 OBLIGATION TO EXTRADITE Each State Party agrees to extradite to the other, in accordance with the provisions of this Protocol and their respective domestic law, any person within its jurisdiction who is wanted for prosecution or the imposition or enforcement of a sentence in the Requesting State for an extraditable offence. ARTICLE 3 EXTRADITABLE OFFENCES 1. For the purpose of this Protocol, extraditable offence are offences that are punishable under the laws of both State Parties by imprisonment or other deprivation of liberty for a period of at least one year, or by a more severe penalty. Where the request for extradition relates to a person wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty imposed for such an offence, extradition may be refused if a period of less than six months of such sentence remains to be served. 2. For the purposes of this Article, in determining what constitutes an offence against the laws of the Requested State it shall not matter whether: (a) the laws of the State Parties place the conduct constituting the offence within the same category of offence or describe the offence by the same terminology; and (b) the totality of the conduct alleged against the person whose extradition is sought shall be taken into account and it shall not matter whether, under the laws of the State Party, the constituent elements of the offence differ. 3. Where extradition of a person is sought for an offence against a law relating to taxation, customs duties, exchange control or other revenue matters. extradition may not be refused on the ground that the law of the Requested State does not impose the same kind of tax or duty or does not contain a tax, customs duty or exchange regulation of the same kind as the law of the Requesting State. 4. An offence is extraditable whether or not the conduct on which the Requesting State bases its request occurred in the territory over which it has jurisdiction. However, where the law of the Requested State does not provide for jurisdiction over an offence in similar circumstances, the Requested State may, in its discretion, refuse extradition on this basis. Protocol on Extradition 3