A/AC.291/L.15 Article 36. Protection of personal data [agreed ad referendum] 1. (a) A State Party transferring personal data pursuant to this Convention shall do so in accordance with its domestic law and any obligations the transferring Party may have under applicable international law. States Parties shall not be required to transfer personal data in accordance with this Convention if the data cannot be provided in compliance with their applicable laws concerning the protection of personal data; (b) Where the transfer of personal data would not be compliant with paragraph 1 (a) of this article, States Parties may seek to impose appropriate conditions, in accordance with such applicable laws, to achieve compliance in order to respond to a request for personal data; (c) States Parties are encouraged to establish bilateral or multilateral arrangements to facilitate the transfer of personal data. 2. For personal data transferred in accordance with this Convention, States Parties shall ensure that the personal data received are subject to effective and appropriate safeguards in the respective legal frameworks of the States Parties. 3. In order to transfer personal data obtained in accordance with this Convention to a third country or an international organization , a State Party shall notify the original transferring State Party of its intention and request its authorization. The State Party shall transfer such personal data only with the authorization of the original transferring State Party, which may require that the authorization be provided in written form. Article 37. Extradition [agreed ad referendum] 1. This article shall apply to the criminal offences established in accordance with this Convention where the person who is the subject of the request for extradition is present in the territory of the requested State Party, provided that the offence for w hich extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party. When the extradition is sought for the purpose of serving a final sentence of imprisonment or another form of detention impose d in respect of an extraditable offence, the requested State Party may grant the extradition in accordance with domestic law. 2. Notwithstanding paragraph 1 of this article, a State Party whose law so permits may grant the extradition of a person for any of the criminal offences established in accordance with this Convention that are not punishable under its own domestic law. 3. If the request for extradition includes several separate criminal offences, at least one of which is extraditable under this article and some of which are not extraditable by reason of their period of imprisonment but are related to offences established in accordance with this Convention, the requested State Party may apply this article also in respect of those offences. 4. Each of the offences to which this article applies shall be deemed to be included as an extraditable offence in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them. 5. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention the legal basis for extradition in respect of any offence to which this article applies. 6. States Parties that make extradition conditional on the existence of a treaty shall: (a) At the time of deposit of their instruments of ratification, acceptance or approval of or accession to this Convention, inform the Secretary -General of the 18/41 V.24-14137

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