Article 4 Conditions for Transfer

a) the sentenced person is a national of the administering Party;

b) the judgment is final and binding, and there are no proceedings pending in respect of this person;

c) at the time of receipt of request for transfer, the part of sentence to be served by the sentenced person is not less than six months. In exceptional cases, the Parties may agree on transfer if the remaining term of sentence is less than that specified above;

d) there is written consent by the sentenced person for his/her transfer for execution of sentence in the territory of the administering Party, and in case of his/her inability to freely express his/her will due to age, physical or mental condition - a written consent by his/her legal representative. The sentencing Party shall provide a consular officer or any other official of the administering Party with an opportunity to verify that the consent for transfer or rejection thereof was given voluntarily and with understanding of legal consequences of such transfer;

e) the crimes, for which the sentence was imposed, are punishable by deprivation of liberty according to criminal laws of the administering Party;

f) the sentencing Party and the administrating Party have clearly given their consent for transfer;

g) transfer of the person would not impair sovereignty, security, public order or other essential interests of any Party and would not contradict its Constitution and laws.

a) the punishment to be executed in the administering Party is evidently incompatible with the conditions and order of serving the sentence as specified in the judgment;

b) the sentenced person has not fulfilled any financial obligations arising from a court judgment, or if, in the opinion of the sentencing Party, the guarantees of fulfillment of such obligations are insufficient;

c) the sentence cannot be executed in the administering Party for the reasons stipulated in the laws of this Party.