PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender
55. (2) The Minister may refuse a request by the ICC for the surrender of a person if—
(a) there are competing requests from the ICC and a State that is not a party to the Statute relating to the same conduct and section 63(4) applies; or

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

63. (1) If section 61 applies and the requesting State is not a party to the Statute, priority must be given to the request for surrender from the ICC if—
(a) Trinidad and Tobago is under an international obligation to extradite the person to the requesting State; and
(b) the ICC has determined under articles 18 and 19 of the Statute that the case is admissible.
(2) If section 61 applies and the requesting State is not a party to the Statute, the request for extradition may continue to be dealt with if—
(a) Trinidad and Tobago is not under an international obligation to extradite the person to the requesting State; and
(b) the ICC has not yet determined under articles 18 and 19 of the Statute that the case is admissible.
(3) Notwithstanding subsection (2), for the purposes of this Act, no person may be surrendered under the Trinidad and Tobago law relating to extradition, unless and until the ICC makes its decision on admissibility and determines that the case is inadmissible.

(4) If section 61 applies, the requesting State is not a party to the Statute, and Trinidad and Tobago is under an international obligation to extradite the person to the requesting State, the Attorney General shall determine whether to surrender the person to the ICC or extradite the person to the requesting State.
(5) In making the determination under subsec¬tion (4), the Attorney General shall consider all the relevant factors including, without limitation—
(a) the respective dates of the requests;
(b) the interests of the requesting State, including, if relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) the possibility of subsequent surrender between the ICC and the requesting State.