Document ID: chunk:federal_register_of_legislation:F1999B00047:body:0:p3
Version: federal_register_of_legislation:F1999B00047
Segment Type: other
Provision Reference: 
Character Range: 5352–8236

are substantial grounds for believing that the request for assistance has been made merely for the purpose of prosecuting or punishing that person on account of that person's race, sex, religion, nationality or political opinions or that that person's position may be prejudiced for any of these reasons; or

       (e) the Requested State is of the opinion that the request, if granted, would prejudice its sovereignty, security, national interest or other essential interests.

2. Assistance may be refused if:

       (a) the request relates to the prosecution or punishment of a person for an offence where the acts or omissions alleged to constitute that offence would not, if they had taken place within the jurisdiction of the Requested State, have constituted an offence;

       (b) the request relates to the prosecution or punishment of a person for an offence which is committed outside the territory of the Requesting State and the law of the Requested State does not provide for the punishment of an offence committed outside its territory in similar circumstances;

       (c) provision of the assistance sought could prejudice an investigation or proceeding in the Requested State, prejudice the safety of any person or impose an excessive burden on the resources of that State; or

       (d) the request relates to the prosecution or punishment of a person for an offence in respect of which the death penalty may be imposed or carried out.

3. Before refusing to grant a request for assistance the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary.  If the Requesting State accepts assistance subject to conditions it shall comply with those conditions.

Article 5
Contents of requests

1. Requests for assistance shall include:

       (a) the purpose of the request and a description of the assistance sought;

       (b) the name of the competent authority conducting the investigation or proceeding to which the request relates;

       (c) a description of the nature of the criminal matter including a statement of the relevant laws;

       (d) except in cases of requests for service of documents, a description of the acts or omissions or matters alleged to constitute the offence;
       (e) the court order, if any, sought to be enforced and a statement to the effect that it is a final order;

       (f) details of any particular procedure or requirement that the Requesting State wishes to be followed, including a statement as to whether sworn or affirmed evidence or statements are required;

       (g) the requirements, if any, of confidentiality and the reasons therefor; and

       (h) specification of any time limit within which compliance with the request is desired.

2. Requests for assistance, to the extent necessary and insofar as possible, shall also include:

       (a)