Document ID: chunk:federal_register_of_legislation:F2008L03492:body:0:p2
Version: federal_register_of_legislation:F2008L03492
Segment Type: other
Provision Reference: 
Character Range: 2739–5485

seeking the consent of persons to be available to give evidence or to assist in investigations in the Requesting State, and where such persons are in custody, arranging for their temporary transfer to that State for testimonial purposes or, where permitted by the law of the Requested State, to assist in investigations;

(f) locating and identifying persons or objects;

(g) measures to locate, restrain and forfeit the instruments or proceeds of crime; and

(h) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.

4. This Treaty is intended solely for mutual assistance between the criminal law enforcement authorities of the Contracting States and is not intended or designed to provide such assistance to private parties.

5. A private party may not rely upon any provision of this Treaty to impede the execution of a request, or to exclude or suppress evidence obtained under the Treaty.

6. Assistance shall not include:

(a) the arrest or detention of any person with a view to the extradition of that person or the extradition of any person;

(b) the execution of criminal judgments, verdicts or decisions rendered in the Requesting State except to the extent permitted by the law of the Requested State and this Treaty;

(c) the transfer of sentenced persons for serving sentences; or

(d) the transfer of criminal proceedings.

7. This Treaty shall not apply to an offence regarded by the Requested State to be an offence under the military law of the Requested State which is not also an offence under the ordinary criminal law of the Requested State.

Article 2
Grounds for Refusal or Postponement

1. The Requested State shall refuse to execute a request if it considers that:

(a) the request would prejudice the sovereignty, security, national interest or other essential public interest of the Requested State;

(b) the request relates to a political offence;

(c) there are substantial grounds for the Requested State to believe that the request has been made for the purpose of an investigation, prosecution, punishment or proceeding against a 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 those reasons; or

(d) the request relates to the prosecution of a person for an offence in respect of which the offender has been finally acquitted or pardoned or has served the sentence imposed.

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,