Document ID: chunk:federal_register_of_legislation:F1996B01844:body:0:p3
Version: federal_register_of_legislation:F1996B01844
Segment Type: other
Provision Reference: 
Character Range: 5446–8314

inform the Requesting State of circumstances, when they become known to the Requested State, which are likely to cause a significant delay in executing the request.

ARTICLE 6
REFUSAL OF ASSISTANCE

1. The Requested State may refuse assistance if:

      (a) the offence in connection with which assistance is requested is a political offence;
      (b) 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 person's position may be prejudiced for any of these reasons;
      (c) it is of the opinion that the execution of the request for assistance would seriously impair its sovereignty, security, or other public or national interests;
      (d) the request relates to an offence for which, in the Requesting State, the offender has been finally acquitted or has served the sentence imposed or has the benefit of a pardon or amnesty;
      (e) the request relates to conduct which is not an offence or could not be prosecuted in the Requested State in similar circumstances; or
      (f) the provision of the assistance would, or would be likely to, prejudice the safety of any person.

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. The Requesting State shall comply with conditions imposed by the Requested State.

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

SCHEDULE—continued

ARTICLE 7
RETURN OF MATERIAL

The Requesting State shall return to the Requested State upon request any documents, records, or articles furnished in execution of a request, as soon as possible.

ARTICLE 8
PROTECTING CONFIDENTIALITY AND RESTRICTING
USE OF EVIDENCE AND INFORMATION

1. The Requested State shall, if so requested, keep 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 nevertheless be executed.

2. The Requested State may require that evidence and information provided be kept confidential in accordance with conditions. Nevertheless, disclosure may be made where necessary as evidence in a public proceeding.

3. The Requesting State shall not use evidence or information obtained for purposes other than those stated in the request without the prior consent of the Requested State except that a Requesting State may use such evidence or information where it is obliged by its law to prosecute