Document ID: chunk:federal_register_of_legislation:F2004C00892:body:0:p3
Version: federal_register_of_legislation:F2004C00892
Segment Type: other
Provision Reference: 
Character Range: 5336–8189

(g) the Requested State is of the opinion that the request, if granted, would seriously impair its sovereignty, security, national interest or other essential interests.

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.

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 requests relate;
       (b) a description of the nature of the criminal matter including a statement setting out the relevant facts and laws;
       (c) the court order, if any, sought to be enforced and a statement to the effect that it is a final order;
       (d) except in cases of requests for service of documents, a description of the essential acts, or omissions or matters alleged or sought to be ascertained;
       (e) the purpose for which the request is made and the nature of the assistance sought;
       (f) details of any particular procedure or requirement that the Requesting State wishes to be followed;
       (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 the investigation or proceeding;
       (b) a statement as to whether assistance should be provided by a court or some other authority;
       (c) a statement as to whether sworn or affirmed evidence or statements are required;
       (d) a description of the information, statement or evidence sought;
       (e) a description of the documents, records or articles or evidence to be produced as well as a description of the appropriate person to be asked to produce them and, to the extent not otherwise provided for, the form in which they should be reproduced and authenticated; and
       (f) information as to the allowances and expenses to which a person appearing in the Requesting State will be entitled.

3. All documents submitted in support of a request shall be accompanied by a translation into the language of the Requested State.

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

Article 6
Execution of requests

1. To the extent permitted by its law, the Requested State shall provide assistance in accordance with the requirements specified in the request and shall respond to the request as soon as practicable.

2. The Requested State may postpone