Document ID: chunk:federal_register_of_legislation:F1996B02092:body:0:p3
Version: federal_register_of_legislation:F1996B02092
Segment Type: other
Provision Reference: 
Character Range: 5549–8451

securing or forfeiture of property or the search of private premises and the acts or omissions would not constitute the offence to which the request relates, had they taken place within the jurisdiction of the Requested State;
          b) 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;
          c) the request for assistance relates to the prosecution of a person for 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, prejudice the safety of any person or impose an excessive burden on the resources of that State.

        SCHEDULE—continued

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 of the relevant laws;
          c) except in cases of requests for service of documents, a description of the acts or omissions which constitute the offence;
          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 therefor; 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 the investigation or proceeding;
          b) a statement as to whether a sworn or other type of declaration is required;
          c) a description of the information, statement or evidence sought;
          d) 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
          e) 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