Document ID: chunk:federal_register_of_legislation:F1996B02320:body:0:p4
Version: federal_register_of_legislation:F1996B02320
Segment Type: other
Provision Reference: 
Character Range: 8212–11052

of the Requesting State and accompanied by a translation into an official language of the Requested State.

ARTICLE 6

Execution of requests

 1. Requests for assistance shall be carried out promptly in accordance with the law of the Requested State and, insofar as it is not incompatible with that law, in the manner requested by the Requesting State.

 2. The Requested State may postpone the delivery of material requested if such material is required for proceedings in respect of criminal or civil matters in that State.  The Requested State shall, upon request, provide certified copies of documents.

 3. The Requested State shall promptly inform the Requesting State of circumstances, when they become known to the Requested State, which are likely to cause a significant delay in responding to the request.

 4. The Requested State shall promptly inform the Requesting State of any decision of the Requested State not to comply in whole or in part with a request for assistance or to require compliance with conditions for the granting of assistance and the reasons for any such decision.

ARTICLE 7

Return of material to Requested State

The Requesting State shall return to the Requested State any material, including any original records and documents, furnished under this Agreement as soon as possible unless the Requested State waives the return thereof.

ARTICLE 8

Protecting confidentiality and restricting use of evidence and information

 1. The Requesting State may request the Requested State to keep confidential the application for assistance, the contents of the request and its supporting documents, and the fact of granting of such assistance.  If the request cannot be executed without breaching confidentiality, the Requested State shall so inform the Requesting State which shall then determine whether the request should nevertheless be executed.

 2. The Requesting State, to the extent permitted by its law and if so requested, shall keep confidential evidence and information provided by the Requested State.

ARTICLE 9

Service of documents

 1. The Requested State shall effect service of documents which are transmitted to it for this purpose by the Requesting State.

 2. A request to effect service of a document requiring the appearance of a person shall be made to the Requested State not less than 45 days before the date on which the appearance is required.  In urgent cases, the Requested State may waive this requirement.

 3. The Requested State shall forward to the Requesting State a certificate stating the time, place and method of service as well as the name of the person to whom the document was delivered.  If service cannot be effected, the Requesting State shall be so informed and advised of the reasons.

ARTICLE 10

Taking of evidence

 1. The Requested State