Document ID: chunk:federal_register_of_legislation:F1996B02580:body:0:p4
Version: federal_register_of_legislation:F1996B02580
Segment Type: other
Provision Reference: 
Character Range: 8187–11024

in the request is not sufficient in accordance with this Treaty to enable the request to be dealt with, it may request additional information.

ARTICLE 6

Execution of Requests

1. Requests for assistance shall be carried out in accordance with the law of the Requested Party and, insofar as it is not incompatible with that law, in the manner requested by the Requesting Party.

2. The Requested Party may postpone the delivery of material requested if such material is required for proceedings in respect of criminal or civil matters in the Requested State. The Requested Party shall, upon request, provide certified copies of documents.

3. The Requested Party shall promptly inform the Requesting Party of circumstances, when they become known to the Requested Party, which are likely to cause a significant delay in responding to the request.

ARTICLE 7

Return of Material to Requested Party

Where required by the Requested Party, the Requesting Party shall return the material provided under this Treaty when no longer needed for the relevant investigation or proceedings.

ARTICLE 8

Protecting Confidentiality and Restricting Use of Evidence and Information

1. The Requested Party shall keep the application for assistance, the contents of a request and its supporting documents, and the fact of granting such assistance, confidential. If the request cannot be executed without breaching confidentiality, the Requested Party shall so inform the Requesting Party which shall then determine whether the request should nevertheless be executed.

2. The Requesting Party shall keep confidential information and evidence provided by the Requested Party, except to the extent that the evidence and information is needed for the investigation and proceedings described in the request.

3. The Requesting Party shall not use information or evidence obtained, nor anything derived from either, for purposes other than those stated in the request without the prior consent of the Requested Party.

ARTICLE 9

Service of Documents

1. The Requested Party shall effect service of documents which are transmitted to it for this purpose by the Requesting Party.

2. A request to effect service of a document requiring the appearance of a person shall be made to the Requested Party not less than 45 days before the date on which the appearance is required. In urgent cases, the Requested Party may waive this requirement.

3. The Requested Party may effect service of any document by mail or, if the Requesting Party so requests, in any other manner required by the law of the Requesting Party which is not inconsistent with the law of the Requested Party.

4. The Requested Party shall forward to the Requesting Party proof of service of the documents. If service cannot be effected, the Requesting Party shall be so informed and