THE transfer of a convicted person from one state to another is subject to the following procedure: the application for the application of this Convention may be made by the criminal state, the host state or the convicted person. Transfer procedures may be initiated by the criminal state or the receiving state. In these cases, it is necessary that the convicted person has declared consent to the transfer. The transfer request is processed by the central authorities covered by Article XI of this convention or, if not, by consular or diplomatic channels. In accordance with its domestic law, each State Party informs the authorities that it deems necessary the content of this Convention. It also strives to establish mechanisms for cooperation between the central authority and other authorities involved in the transfer of the convicted person. If the sanction has been imposed by a state independent of the federal government or by a criminal court independent of the federal government, the application of this transfer procedure requires the consent of the authorities of that state or a state. The transfer request contains useful information to establish that the conditions set out in Article III are met. Prior to the transfer, the criminal state authorizes the host state to verify, at the request of a staff member it has appointed, whether the convicted person has consented to the transfer with full knowledge of the legal consequences. In deciding on the surrender of a convicted person, States Parties may consider, among other things, the possibility of contributing to the social rehabilitation of the person; The seriousness of the offence; The convicted person`s criminal record, if any; The health of the convicted person and family, social or other ties that the convicted person may have in the criminal state and in the host state.

The prison state provides the host state with a certified copy of the sentence, including information on the time already served by the convicted person and on the period of leave that could be credited for reasons such as work, good behaviour or pre-trial detention.