Document ID: chunk:federal_register_of_legislation:F2006L03651:body:0:p4
Version: federal_register_of_legislation:F2006L03651
Segment Type: other
Provision Reference: 
Character Range: 7903–10698

punishment of a person for an extraterritorial offence under the laws of the Requesting Party and such extraterritorial offence would not be punishable under the laws of the Requested Party if it took place in similar circumstances outside the Requested Party;

(b) provision of the assistance sought could prejudice the safety of any person, whether that person is within or outside the Requested Party; or

(c) provision of the assistance sought could impose an excessive burden on the resources of the Requested Party.

3. For the purpose of paragraph 1(c)(i), assistance shall not be refused solely on the ground that the request relates to a criminal matter where a person has been convicted in the Requesting Party if the sentence has not been imposed.

4. Assistance shall not be refused solely on the ground of secrecy of banks and similar financial institutions or that the offence is also considered to involve fiscal matters.

5. Before refusing to grant a request 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 such conditions, it shall comply with those conditions.

ARTICLE 5
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 requesting office and the competent authority conducting the investigation, prosecution or proceedings related to a criminal matter to which the request relates;

(c) a description of the nature of the criminal matter, each offence to which the request relates, including its maximum penalty and a statement or text of the relevant laws;

(d) except in cases of request for service of judicial and related documents, a description of the acts or omissions or matters alleged to constitute the offence;

(e) a description of the evidence, information or other assistance sought;

(f) the court order, if any, sought to be enforced and a statement to the effect that it is a final order;

(g) the reasons for and details of any particular procedure or requirement that the Requesting Party wishes to be followed, including a statement as to whether sworn or affirmed evidence or statements are required;

(h) any special requirement for confidentiality and the reasons for it;

(i) specification of any time limit within which compliance with the request is desired; and

(j) such other information as is necessary for the proper execution of the request.

2. Requests for assistance, to the extent necessary and relevant, shall also include:

(a) the identity, nationality and location of the person or persons who are the subject of or who may have information relevant to the investigation, prosecution or proceedings