Conditions for Transfer. 1. A sentenced person may be transferred only if, (a) the sentenced person is a national of the Administering Party; (b) the conduct on account of which the sentence was imposed against the sentenced person also constitutes an offence under the laws of the Administering Party; (c) the judgment imposed against the sentenced person has come into effect when the request for transfer is made, and the period of time to be served by the sentenced person is at least one year; (d) the transfer is consented to in writing by the sentenced person, or by the person’s legal representative when one of the Parties considers it necessary in view of the person’s age, physical or mental conditions; and (e) both Parties agree to the transfer. 2. In exceptional cases, the Parties may agree to a transfer even if the period of time to be served by the sentenced person is less than one year.
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