Document ID: chunk:federal_register_of_legislation:F2007L00302:body:0:p3
Version: federal_register_of_legislation:F2007L00302
Segment Type: other
Provision Reference: 
Character Range: 5490–8367

Requested Party as:
           (i) a political offence, or
           (ii) an offence which only constitutes a military offence;
       (b) the request relates to the prosecution of a person for an offence in respect of which the offender has been finally convicted, acquitted or pardoned or has served or is serving the sentence imposed by the Requested Party;
       (c) there are substantial grounds for believing that the request for assistance has been made for the purpose of prosecuting or punishing a person on account of that person's race, sex, religion, nationality or political opinions or that the person's position may be prejudiced for any of these reasons; or
       (d) the Requested Party is of the opinion that the request, if granted, would prejudice its sovereignty or security.

2. Assistance may be refused if:
       (a) the request relates to acts or omissions which would not constitute an offence under the laws of the Requested Party;
       (b) provision of the assistance sought could prejudice an investigation, prosecution or proceeding in the Requested Party;
       (c) the request relates to the investigation, prosecution or punishment of a person for an offence in respect of which a penalty may be imposed which may be in conflict with the essential interests of the Requested Party; or
       (d) the Requested Party is of the opinion that the execution of the request would prejudice its national interest or other essential interests.

3. The Requested Party may postpone providing assistance if execution of a request would interfere with an ongoing investigation, prosecution or proceeding in the Requested Party.

4. Before refusing to grant a request for assistance or postponing its execution, the Requested Party shall consider whether assistance may be granted subject to such conditions as it deems necessary.  If the Requesting Party accepts assistance subject to conditions, it shall comply with those conditions.

5.  If the Requested Party refuses or postpones provision of assistance, it shall inform the Requesting Party of the reasons for the refusal or postponement.

ARTICLE 5
FORM AND CONTENT OF REQUESTS

1. A request shall be made in writing and affixed with the signature or seal of the Central Authority of the Requesting Party.  In urgent situations, a request may be made by any other means capable of producing a written record under conditions allowing the Requested Party to establish authenticity.  In such cases, the Requesting Party shall confirm the request in writing promptly thereafter unless the Requested Party agrees otherwise.

2. Documents or materials supporting a request for assistance involving the use of compulsory measures or the forfeiture of proceeds of crime shall be affixed with the signature or seal of, or be certified by, a competent authority of the Requesting Party.

3. A request