Document ID: chunk:federal_register_of_legislation:F2006L03651:body:0:p6
Version: federal_register_of_legislation:F2006L03651
Segment Type: other
Provision Reference: 
Character Range: 13011–15919

of criminal or civil matters in that Party. The Requested Party shall, upon request, provide certified copies of such material.

4. Before postponing the execution of a request pursuant to this Article, the Requested Party shall consider whether assistance may be granted subject to certain conditions.

5. If the Requesting Party accepts assistance subject to the terms and conditions imposed under this Article, it shall comply with such terms and conditions.

6. 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.

7. If the Requested Party refuses or postpones assistance, it shall promptly inform the Requesting Party of the decision not to comply in whole or in part with the request and the reason for that decision.

ARTICLE 8
RETURN OF MATERIAL TO REQUESTED PARTY

1. The Requesting Party shall, upon request, return the documents, records or items provided under this Treaty when no longer needed for the relevant investigation, prosecution or proceedings related to a criminal matter.

2. Notwithstanding paragraph 1, the Requesting Party shall at any time, upon request, temporarily return to the Requested Party any documents, records or items provided to the Requesting Party pursuant to a request under this Treaty if it is needed for an investigation, prosecution or proceedings related to a criminal matter in the Requested Party, so long as it does not compromise the investigation, prosecution or proceedings related to a criminal matter in the Requesting Party.

ARTICLE 9
PROTECTION OF CONFIDENTIALITY AND RESTRICTION ON USE OF EVIDENCE AND INFORMATION

1. The Requested Party shall, upon request, use its best endeavours to keep confidential the request for assistance, the contents of the request and its supporting documents, the fact of granting such assistance and any action taken pursuant to the request. If the request cannot be executed without breaching the confidentiality requirements stated in the request, 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, upon request, use its best endeavours to keep information and evidence provided by the Requested Party confidential, except to the extent that the evidence and information is needed for the investigation, prosecution or proceedings related to a criminal matter described in the request.

3. The Requesting Party shall not, without the prior written consent of the Requested Party and subject to such terms and conditions as the Requested Party considers necessary, use or transfer information or evidence provided by the Requested Party nor anything derived from such information or evidence, for purposes other than those stated in the request.