Document ID: chunk:federal_register_of_legislation:F1999B00317:body:0:p3
Version: federal_register_of_legislation:F1999B00317
Segment Type: other
Provision Reference: 
Character Range: 5478–8379

for that decision.

4. The Requesting Party shall inform the Requested Party promptly of any circumstances which may affect the request or its execution or which may make it inappropriate to proceed with giving effect to it.

Article 6
Refusal of assistance

1. Assistance may be refused if:
        (a) the Requested Party is of the opinion that the request, if granted, would seriously impair its sovereignty, security, national interest or other essential interest;
        (b) provision of the assistance sought could prejudice an investigation or proceedings in the territory of the Requested Party, prejudice the safety of any person or impose an excessive burden on the resources of that Party;
        (c) the request concerns restraint or confiscation of proceeds or instruments of a criminal activity which, had it occurred within the jurisdiction of the Requested Party, would not have been an activity in respect of which a confiscation order could have been made;
        (d) the request relates to an offence in respect of which the person has been finally acquitted, pardoned, or made the subject of an amnesty; or
        (e) the request relates to a confiscation order which has been satisfied.

2. Before refusing to grant a request for assistance, 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 them.

Article 7
Confidentiality and restricting use of
evidence and information

1. The Requested Party shall, to any extent requested, keep confidential a request for assistance, its contents and any supporting documents, and the fact of granting such assistance except to the extent that disclosure is necessary to execute the request. If the request cannot be executed without breaching confidentiality, the Requested Party shall so inform the Requesting Party which shall then determine the extent to which it wishes the request to be executed.

2. The Requesting Party shall, if so requested, keep confidential any evidence and information provided by the Requested Party, except to the extent that its disclosure is necessary for the investigation or proceedings described in the request.

3. The Requesting Party shall not use for purposes other than those stated in a request evidence or information obtained as a result of it, without the prior consent of the Requested Party.

Article 8
Information and evidence

1. The Parties may make requests for information and evidence for the purpose of identifying proceeds or instruments of crime which may become liable to restraint or confiscation. Any documents or other material supporting a request which involves the exercise of compulsory powers by the Requested Party shall, to the extent required by the Requested Party, be authenticated in accordance with