Document ID: chunk:federal_register_of_legislation:F1996B01929:body:0:p3
Version: federal_register_of_legislation:F1996B01929
Segment Type: other
Provision Reference: 
Character Range: 5429–8365

has been finally acquitted or pardoned or has served the sentence imposed;
         (c) the Requested State is of the opinion that the request, if granted, would prejudice its sovereignty, security, public policy, national interest or other essential interests;
         (d) the request relates to the prosecution or punishment of a person for an offence which is committed outside the territory of the Requesting State and the law of the Requested State does not provide for the punishment of an offence committed outside its territory in similar circumstances;
         (e) the request concerns an offence which the Requested State considers a fiscal offence;
         (f) provision of the assistance sought could prejudice a proceeding or investigation in the Requested State, prejudice the safety of any person or impose an excessive burden on the resources of that State; or
         (g) the request relates to the prosecution or punishment of a person for an offence in respect of which the death penalty may be imposed or executed.

 3. Before refusing to grant a request for assistance, the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary.  If the Requesting State accepts assistance subject to conditions, it shall comply with those conditions.

Article 5

Contents of requests

 1. Requests for assistance shall include:
         (a) the purpose of the request, a description of the assistance sought, and a statement setting out the connection between the assistance sought and the criminal matter to which it relates;
         (b) the name of the competent authority conducting the proceeding or investigation to which the request relates;
         (c) a description of the nature of the criminal matter including a statement of the relevant laws;
         (d) except in the case of a request for service of documents, a description of the acts or omissions or matters alleged to constitute the offence;
         (e) the court order, if any, sought to be enforced and a statement to the effect that it is a final order;
         (f) details of any particular procedure or requirement that the Requesting State wishes to be followed, including a statement as to whether sworn or affirmed evidence or statements are required;
         (g) the requirements, if any, of confidentiality and the reasons therefor; and
         (h) specification of any time limit within which compliance with the request is desired.

 2. Requests for assistance, to the extent necessary and insofar as possible, 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 proceeding or investigation;
         (b) a description of the information, statement or evidence sought;
         (c) a description of the documents, records or articles of evidence to be produced as