Document ID: chunk:federal_register_of_legislation:F1996B02320:body:0:p3
Version: federal_register_of_legislation:F1996B02320
Segment Type: other
Provision Reference: 
Character Range: 5522–8464

are substantial grounds for believing that the evidence or information sought is to be used by the Requesting State for purposes other than those stipulated in the request; or
         (j) there are substantial grounds for believing that a person whose presence is sought as a witness or expert in the Requesting State will be required, without that person's consent, to give evidence or assist in investigations other than those specified in the request.

 2. 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 4

Contents of requests

 1. Requests for assistance shall include:
         (a) the name of the competent authority on whose behalf the request is made;
         (b) a description of the nature of the criminal matter including a statement of the relevant laws;
         (c) except in cases of requests for service of documents, a description of the acts or omissions or matters alleged to constitute the offence;
         (d) the purpose of the request and a description of the assistance sought;
         (e) details of any particular procedure or requirement that the Requesting State wishes to be followed, including whether sworn or affirmed evidence or statements are required;
         (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 location of the person or persons who are the subject of, or who may have information relevant to, the investigation or proceeding;
         (b) a description of the information, statement or evidence sought, including any questions to be put;
         (c) a description of the documents, records or articles of evidence to be produced as well as a description of the appropriate person to be asked to produce them; and
         (d) information as to the allowances and expenses to which witnesses or experts appearing in the Requesting State would be entitled.

 3. If the Requested State considers that the information contained in the request is not sufficient in accordance with this Agreement to enable the request to be dealt with, that State may request additional information.

ARTICLE 5

Language

Requests, supporting documents and other communications made pursuant to this Agreement shall be made in a language 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