Document ID: chunk:federal_register_of_legislation:F1996B01928:body:0:p2
Version: federal_register_of_legislation:F1996B01928
Segment Type: other
Provision Reference: 
Character Range: 2886–5766

in connection with which assistance is requested is regarded by the Requested State as a political offence or an offence only under military law;
         (b) the request concerns a fiscal offence;
         (c) the request relates to an offence in respect of which the offender has been finally acquitted or pardoned or has served the sentence imposed;
         (d) the results of the request for assistance are to be used to prosecute a person for an offence in respect of which, under the law of the Requested State, the person would be immune from prosecution by reason of lapse of time;
         (e) there are substantial grounds for believing that the request for assistance has been made to facilitate the prosecution of a person on account of that person's race, sex, religion, nationality or political opinions or that that person's position may be prejudiced for any of these reasons; or
         (f) the Requested State is of the opinion that the request for assistance, if granted, would seriously impair its sovereignty, security, public order or other essential interests.

 2. For the purpose of sub-paragraph (f) of paragraph 1 the Requested State may include in its consideration of essential interests whether the provision of assistance could prejudice an investigation or proceeding in that State, prejudice the safety of any person or impose an excessive burden on the resources of that State.

SCHEDULE—continued

ARTICLE 3

Compulsory Measures

 1. Assistance involving compulsory measures may be refused where the assistance sought relates to acts or omissions which, if committed in similar circumstances in the Requested State, would not be punishable under the laws of that State.

 2. Paragraph 1 of this Article does not apply where the assistance requested is directed to establishing the innocence of a person.

ARTICLE 4

Limitation on Use of Information and Material Provided

 1. Without the prior consent of the Requested State the Requesting State shall not use information or material provided by the Requested State in response to a request for assistance for a purpose in respect of which assistance would not be granted under this Treaty.

 2. Except with the prior consent of the Requested State, the right to examine information or material provided in response to a request may not be granted to persons other than those affected by the request, their legal representatives, or any victim of the relevant offence.

ARTICLE 5

Confidentiality

 1. The Requested State shall, in carrying out a request for assistance, use its best endeavours to observe the standard of confidentiality requested by the Requesting State.

 2. The Requesting State shall use its best endeavours to observe the standard of confidentiality requested of it by the

        SCHEDULE—continued

Requested State in respect of information or material