Document ID: chunk:federal_register_of_legislation:F1996B01848:body:0:p3
Version: federal_register_of_legislation:F1996B01848
Segment Type: other
Provision Reference: 
Character Range: 5466–8332

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 these conditions, it shall comply with the conditions.

ARTICLE 5
CONTENTS OF REQUESTS
1. Requests for assistance shall include:
     (a) the name of the competent authority conducting the investigation or proceedings to which the request relates:

SCHEDULE—continued

     (b) a description of the nature of the criminal matter including a statement of the relevant law:
     (c) except in cases of requests for service of documents, other than summonses, a description of the essential acts, or omissions or matters alleged or sought to be ascertained:
     (d) the purpose for which the request is made and the nature of the assistance sought:
     (e) details of any particular procedure or requirement that the Requesting State wishes to be followed:
     (f) the requirements, if any. of confidentiality and the reasons therefore: and
     (g) 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) the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;
     (b) a statement as to whether sworn or affirmed evidence or statements are required:
     (c) a description of the information, statement or evidence sought;
     (d) a description of the documents, records or articles of evidence to be produced as well as a description of the appropriate person to be asked to produce them and. to the extent not otherwise provided for, the form in which they should be reproduced and authenticated: and
     (e) information as to the allowances and expenses to which a person appearing in the Requesting State will be entitled.
3. A request and any supporting documents submitted by Australia shall be in English or shall be translated into Dutch. A request and any supporting documents submitted by the Kingdom of the Netherlands shall be in. or translated into, English.
4. If the Requested State considers that the information contained in the request is not sufficient in accordance with this Treaty to enable the request to be dealt with, that State may request that additional information be furnished.

ARTICLE 6
EXECUTION OF REQUESTS
1. To the extent permitted by its law. the Requested State shall provide assistance in accordance with the requirements specified in the request and shall respond to the request as soon as practicable after it has been received.
2. The Requested State may postpone the delivery of material requested if such material is required for any proceedings in that State. The Requested State shall. upon request, provide