Document ID: chunk:federal_register_of_legislation:F1996B01842:body:0:p3
Version: federal_register_of_legislation:F1996B01842
Segment Type: other
Provision Reference: 
Character Range: 5598–8531

the offender has served the sentence imposed, except that assistance shall not be refused if the request relates to forfeiture of property in relation to a criminal matter or the recovery of a pecuniary penalty arising out of criminal conduct;
         (d) there are substantial grounds for believing that the request was made for the purpose of prosecuting, punishing, or otherwise causing prejudice to a person on account of that person's race, sex, religion, nationality or political beliefs; or
         (e) the Requested State is of the opinion that the request, if granted, would seriously impair its sovereignty, security, national or similar interests.

2. Assistance may be refused if:

         (a) the request relates to 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 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;
         (c) the request for assistance relates to an offence which, had it been committed in the Requested State, could no longer be prosecuted by reason of lapse of time or any other reason; or
         (d) the provision of the assistance sought could prejudice an investigation or proceeding in the Requested State, endanger the safety of any person or impose an excessive burden on the resources of that State.

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 these conditions, it shall comply with the conditions.

Article 5
Contents of Requests

1. Requests for assistance shall include:

         (a) the name of the competent authority conducting the investigation or proceedings to which the request relates;
         (b) a description of the nature of the criminal matter including a statement setting out the relevant laws;
         (c) a description of the essential acts or omissions, or matters alleged or sought to be ascertained, except in cases of requests for service of documents;
         (d) the purpose for which the request is made and the nature of the assistance sought;
         (e) details of any particular procedure or requirement that the Requesting State wishes to be followed;
         (f) the requirements, if any, of confidentiality and the reasons therefore; and
         (g) 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 whereabouts of the person or persons who