Document ID: chunk:federal_register_of_legislation:F1997B02795:body:0:p4
Version: federal_register_of_legislation:F1997B02795
Segment Type: other
Provision Reference: 
Character Range: 8081–10973

is desired.

    2. Requests for assistance, to the extent necessary and insofar as possible, shall also include:
        (a) information concerning 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) details of the information, statement or evidence sought;
        (c) a precise 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.  When a person is to be asked to produce such exhibits the request shall comply with this sub‑paragraph and the preceding sub‑paragraph and shall be made by means of a letter rogatory; and
        (d) information as to the allowances and expenses to which a person appearing in the Requesting State will be entitled.

    3. Requests, supporting documents and other communications made pursuant to this Treaty shall be in the language of the Requesting State and 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 to enable the request to be dealt with, it may request additional information.

ARTICLE 6

EXECUTION OF REQUESTS

    1. Requests for assistance shall be carried out in accordance with the law of the Requested State and, insofar as it is not incompatible with that law, in the manner requested by the Requesting State.

    2. The Requested State may postpone the delivery of material requested if such material is required for proceedings in respect of criminal or civil matters in that State.  The Requested State shall, upon request, provide certified copies of documents.

    3. The Requested State shall promptly inform the Requesting State of circumstances, when they become known to the Requested State, which are likely to cause a significant delay in responding to the request.

    4. The Requested State shall promptly inform the Requesting State of a decision of the Requested State not to comply in whole or in part with a request for assistance and the reason for that decision.

ARTICLE 7

RETURN OF MATERIAL TO REQUESTED STATE

Where required by the Requested State, the Requesting State shall return the material provided under this Treaty when no longer needed for the relevant investigation or proceeding.

ARTICLE 8

PROTECTING CONFIDENTIALITY AND RESTRICTING
USE OF EVIDENCE AND INFORMATION

    1. The Requested State, if so requested, shall keep the application for assistance, the contents of a request and its supporting documents, and the fact of granting of such assistance, confidential.  If the request cannot be executed without breaching confidentiality, the Requested State shall so inform the Requesting State which shall then determine whether the request should