Document ID: chunk:federal_register_of_legislation:F1996B02096:body:0:p4
Version: federal_register_of_legislation:F1996B02096
Segment Type: other
Provision Reference: 
Character Range: 8204–10938

State which shall then determine whether the request should nevertheless be executed.
3. The Requested State may require, after consultation with the Requesting State, that information or evidence furnished be kept confidential or be disclosed or used only subject to terms and conditions it may specify.
4. The Requesting State shall not use information or evidence for a prosecution of an offence for which mutual assistance may be refused or is not provided for under this Treaty without the prior consent of the Requested State.

ARTICLE IX—TAKING OF EVIDENCE IN THE REQUESTED STATE

1. Where, pursuant to a request for assistance, a person is to give evidence in the Requested State for the purpose of proceedings in the Requesting State, the parties to the relevant proceedings in the Requesting State, their legal representatives or

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representatives of the Requesting State may, subject to the laws of the Requested State, appear and question the person giving that evidence.
2. For the purposes of requests under this Article the Requesting State may specify any particular questions to be put to a witness.
3. A person who is required to give evidence in the Requested State pursuant to a request for assistance may decline to give evidence where:
      (a) the law of the Requested State would permit or require that person to decline to give evidence: or
      (b) where the law of the Requesting State would permit or require that person to decline to give evidence.
4. If any person in the Requested State claims that there is a right or obligation to decline to give evidence under the law of the Requesting State, the Requesting State shall provide to the Requested State a certificate of a person designated by the central authority of the Requesting State with respect thereto. The certificate provides evidence of its contents.

ARTICLE X—AVAILABILITY OF CONSENTING PRISONERS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS

1. A person in custody in the Requested State whose presence is requested in the Requesting State for the purposes of this Treaty shall be transferred for that purpose, provided the person in custody consents and the Requested State has no reasonable basis to deny the request.
2. The Requesting State shall have the authority and duty to keep the person in custody at all times and return the person to the custody of the Requested State at the conclusion of the proceedings in relation to which the transfer to the Requesting State was sought or at such earlier time as the person's presence is no longer required.
3. Where the sentence imposed on a person transferred under this Article expires while the person is in the Requesting State, that person shall be released and