(e) As soon as possible, in accordance with the objectives of this Agreement, the detainee shall be returned to the sending State. (g) For any purpose other than those for which the temporary detention provided for in this Agreement is exercised, the detainee shall be deemed to remain in the custody of the sending State and shall be subject to the jurisdiction of the sending State, and any escape from the temporary detention may be treated as an escape from the original place of detention or in any other manner permitted by law. (f) During the detention or temporary detention or during the subsequent execution of the detainee who is otherwise made available for trial in accordance with this Agreement, the time served for the sentence shall continue to run, but the detainee shall win only if and to the extent that this is done in accordance with the law and practice of the court which imposed the sentence; allow it. Each State Party to this Agreement shall designate an official who, together with similar officials of other States Parties, shall adopt rules and regulations to more effectively implement the provisions and provisions of this Agreement and who shall provide the information necessary for the proper functioning of this Agreement, both inside and outside the State. (a) The competent official of the court in which an unverified indictment, information or complaint is pending shall have the right to make available to the competent authorities of the State in which he is imprisoned a detainee in accordance with article V (a) if he is serving a custodial sentence: shall provide a written request for temporary detention or for making available to the competent authorities of the State in which the inmate. imprisoned; provided that the court competent for such indictment, information or complaint has duly approved, registered and submitted the application; and provided that, before the execution of the request, there is a period of thirty days from the date of receipt by the competent authorities within which the Governor of the sending State may refuse the request for temporary detention or availability, either ex officio or at the request of the detainee. (h) From the date on which a State Party receives custody of a detainee under this Agreement until he or she is returned to the territory and custody of the sending State, the State in which one or more unverified charges, information or complaints are pending or in which proceedings are conducted shall be responsible for the detainee and shall also bear all costs of transportation; Care, storage and return of the prisoner. The provisions of this paragraph shall apply unless the States concerned have concluded an additional agreement providing for a different sharing of costs and responsibilities between them. Nothing in this Agreement shall be construed as modifying or interfering with any internal relationship between the departments, agencies and directors of the Government of a State Party or between a State Party and its subdivisions with respect to the payment of related costs or responsibilities. The detainee`s application shall be accompanied by a certificate issued by the competent official who has the detainee in detention, indicating the duration of the obligation under which the detainee is detained, the time already served, the time remaining for the sentence, the time of service earned, the period of probation of the prisoner; and all decisions of the Crown Parole Board regarding the inmate.

Transfer of prisoners: Anti-shuttle provisions: Article III (d) and Article IV (e) contain similar provisions that state: “If, prior to the return of the detainee to the original place of detention, no trial has taken place on an indictment, information or complaint that has been contemplated herein, such indictment, information or complaint shall no longer have force or effect. and the court makes an order rejecting the same with prejudice”, unless the United States is within the jurisdiction of the addressee and notice and opportunity for a hearing under Article 9 of the Agreement has been given. (Article IV(e)) It has been found that the “trial” in this context includes conviction. See Walker v. King, 448 F. Supp. 580 (S.D.N.Y. 1978). The Department did not accept this decision as a correct interpretation of the law.

However, in order to avoid prosecution and the risk of dismissal of proceedings, the return of prisoners should be postponed until sentencing or a hearing under Article 9. However, if an indictment is to be rejected on the basis of the return of a prisoner before conviction, it should be opposed. This Agreement shall be interpreted generously in order to achieve its objectives. The provisions of this Agreement shall be severable, and if any sentence, clause, sentence or provision of this Agreement is declared contrary to the Constitution of a State Party or of the United States, or if the applicability of this Agreement to any government, body, person or circumstance is declared invalid, the validity of the remainder of this Agreement and its applicability to any government; The agency, person or circumstance is not affected. If this Agreement is contrary to the Constitution of a State Party, the Convention shall remain in full force and effect for the other States and fully in force and in force for the State concerned in all separable matters. (c) where the competent authority refuses or does not accept temporary custody of that person, or where an action is not brought before the hearing within the time limit laid down in Article III or Article IV on the basis of the indictment, information or complaint on the basis of which the detainee was lodged, the competent court shall: in which the accusation was filed, pending information or complaints must be included in an order dismissing them with prejudice, and any prisoner based on it loses all violence or effect. .