| (g) | an attempt or a conspiracy to commit, participation in the commission of, aiding or abetting, counseling or procuring the commission of, or being an accessory before or after the fact to any of the foregoing offenses. |
3. Notwithstanding the terms of paragraph 2 of this Article, extradition shall not be granted if the competent authority of the Requested State determines that the request was politically motivated. In the United States, the executive branch is the competent authority for the purposes of this Article.
4. The competent authority of the Requested State may refuse extradition for offenses under military law that are not offenses under ordinary criminal law. In the United States, the executive branch is the competent authority for the purposes of this Article.
Article 5
Prior Prosecution
1. Extradition shall not be granted when the person sought has been convicted or acquitted in the Requested State for the offense for which extradition is requested.
2. The Requested State may refuse extradition when the person sought has been convicted or acquitted in a third state in respect of the conduct for which extradition is requested.
3. Extradition shall not be precluded by the fact that the competent authorities of the Requested State:
| (a) | have decided not to prosecute the person sought for the acts for which extradition is requested; |
| (b) | have decided to discontinue any criminal proceedings which have been instituted against the person sought for those acts; or |
| (c) | are still investigating the person sought for the same acts for which extradition is sought. |
Article 6
Statute of Limitations
The decision by the Requested State whether to grant the request for extradition shall be made without regard to any statute of limitations in either State.
