Document ID: chunk:federal_register_of_legislation:F2010L01914:body:0:p3
Version: federal_register_of_legislation:F2010L01914
Segment Type: other
Provision Reference: 
Character Range: 5435–8288

by the Requested State as an offence of a political character. For the purposes of this Treaty the following offences shall not be regarded as offences of a political character:

    (a) an offence in respect of which the Contracting States have an obligation to provide mutual legal assistance under a multilateral/international treaty or convention to which both Contracting States are parties;

    (b) an offence in respect of the taking or attempted taking of the life of a Head of State, Head of Government, or a member of that person's family;

    (c) murder, culpable homicide or manslaughter;

    (d) an offence involving firearms, explosives, incendiaries, destructive devices or substances, causing death, grievous bodily harm or serious damage to property;

    (e) any other offence related to terrorism which at the time of the request is, under the law of the Requested State, not to be regarded as an offence of a political character; or

    (f) conspiracy or attempt to commit, or participation in any of the foregoing offences.

3. Assistance may be refused if:

    (a) the request relates to the prosecution of a person for an offence in respect of which the person has been tried and finally dealt with or pardoned;

    (b) the Requested State has substantial grounds to believe that the request for assistance has been made for the purpose of prosecuting a person on account of that person's race, sex, religion, nationality or political opinion or that person's position may be prejudiced for any of those reasons;

    (c) in the opinion of the Requested State, the execution of the request would impair its sovereignty, security, public order, essential public interest or prejudice the safety of any person; or

    (d) the request relates to the prosecution of a person for an offence in respect of which the punishment which might be imposed on the person may prevent the Requested State from complying under its domestic laws.

4. The Requested State may consider granting assistance in the absence of dual criminality.

5. Assistance may be postponed by the Requested State if execution of the request would interfere with an ongoing investigation, prosecution or other proceedings in the Requested State.

6. Before refusing a request for assistance or before postponing the execution of a request, the Requested State shall consider whether assistance may be provided subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to those conditions, it shall comply with them.

ARTICLE 6
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 proceedings to which the request relates;

    (c) a description of