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(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
63 Procedure where competing request from State Party
(1) If section 61 applies and the requesting State is a party to the Statute, priority must be given to the request from the ICC if—
(a) the ICC has, under Article 18 or Article 19 of the Statute, made a deter‐ mination that the case in respect of which surrender is sought is admis‐ sible and that determination takes into account the investigation or pros‐ ecution conducted by the requesting State in respect of its request for extradition; or
(b) the ICC makes such a determination after receiving notification of the competing request.
(2) If the request is one to which subsection (1)(b) relates, then, pending the ICC’s determination,—
(a) the steps required to be taken under the Extradition Act 1999 in relation to a request for extradition may continue to be taken; but
(b) no person may be surrendered under that Act unless and until the ICC makes its decision on admissibility and determines that the case is inad‐ missible.
114 Refusal of assistance
(1) The Attorney-General must refuse a request by the ICC for assistance to which this Part applies if—
(a) the ICC does not accept the conditions or other modifications suggested in order to implement the request as contemplated by Article 93(5) of the Statute and section 113(4); or
(b) the ICC determines under Article 18 or Article 19 of the Statute that the case to which the request relates is inadmissible and section 118(4) applies; or
(c) section 120(4) applies.
(2) The Attorney-General may refuse a request by the ICC to which this Part applies if—
(a) Part 8 (which relates to the protection of national security or third party information) applies; or
(b) 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) (as applied by section 119) applies; or
(c) there are competing requests from the ICC and a State that is not a party to the Statute relating to different conduct and section 64(3) (as applied by section 119) applies.
(3)To avoid doubt,—
(a) the only grounds on which assistance to the ICC may be refused are those specified in this section and, if applicable, section 23(2) (which relates to offences involving the administration of justice); and
(b) the restrictions on assistance specified in the Mutual Assistance in Criminal Matters Act 1992 do not apply in relation to a request by the ICC for assistance to which this Part applies.
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.