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.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

63.
(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.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

114.
(2) The Attorney General may refuse a request by the ICC to which this Part applies if —
(a) Part VIII, which relates to the protection of national security or third party information applies; or

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

120. (1) If a request by the ICC for assistance to which this Part applies concerns persons who, or infor¬mation or property that, are subject to the control of another State or an international organization under an international agreement, the Attorney General shall inform the ICC to enable it to direct its request to the other State or international organization.
(2) Subsections (3) to (5) apply if—
(a) the ICC makes a request for assistance;
(b) the ICC has not previously made a final determination on whether or not article 98(1) of the Statute applies to that request; and

(c) a request is made to the ICC to determine whether or not article 98(1) applies to the request for surrender.
(3) If this subsection applies, the Attorney General may postpone the request for assistance until the ICC advises whether or not it wishes to proceed with the request for assistance.
(4) If the ICC advises that it does not intend to proceed with the request, the request for assistance shall be refused.
(5) If the ICC advises that it intends to proceed with the request for assistance, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.

Article 90
Competing requests
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Curt, the
requested State may, at its discretion, proceed to deal with the request for extradition from the
requesting State.