Document ID: chunk:federal_register_of_legislation:F2008L03492:body:0:p3
Version: federal_register_of_legislation:F2008L03492
Segment Type: other
Provision Reference: 
Character Range: 5251–7989

if:

(a) the request relates to the prosecution or punishment of a person for an offence where the acts or omissions alleged to constitute that offence would not, if they had taken place within the jurisdiction of the Requested State, have constituted an offence;

(b) the request relates to the prosecution or punishment of a person in respect of conduct committed outside the territory of the Requesting State and the conduct does not constitute an offence under the law of the Requested State where it occurs outside its territory. However, the Requested State shall endeavour, on the basis of reciprocity, to grant assistance in response to such a request;

(c) the request relates to the prosecution or punishment of a person for an offence which, if it had been committed in the Requested State, could no longer be prosecuted by reason of lapse of time;

(d) provision of the assistance sought could prejudice an investigation or proceeding in the Requested State, prejudice the safety of any person or impose an excessive burden on the resources of that State; or

(e) the request is made with regard to an offence punishable by the death penalty under the law of the Requesting State but not under the law of the Requested State. Notwithstanding the foregoing, the request may not be refused if the Requesting State gives such assurances as the Requested State considers sufficient that the death penalty will not be pronounced or, if it is pronounced, will not be executed. Refusal by the Requested State to execute a request on this ground shall entitle the Requesting State to have discretion to refuse, on the basis of reciprocity, to execute a request from the other state relating to an offence of similar nature and gravity.

3. Assistance may be postponed by the Requested State if the execution of the request would interfere with an ongoing investigation, prosecution or proceeding in the Requested State. The Requested State may also postpone the delivery of an article requested if such an article is required for proceedings in respect of criminal or civil matters in that State.

4. Before refusing or postponing the execution of any request pursuant to this article, the Requested State shall determine whether assistance can be given subject to such conditions as it deems necessary. If the Requesting State accepts the assistance subject to these conditions, it shall comply with the conditions.

5. The Requested State shall promptly inform the Requesting State of the reasons for refusing or postponing the execution of a request.

Article 3
Central Authorities

1. The Contracting States shall each appoint a Central Authority to transmit and receive requests for the purpose of this Treaty. Either State shall