Document ID: chunk:federal_register_of_legislation:F1997B02795:body:0:p3
Version: federal_register_of_legislation:F1997B02795
Segment Type: other
Provision Reference: 
Character Range: 5477–8350

of these reasons; or
        (d) the Requested State is of the opinion that the request, if granted, would seriously prejudice its sovereignty, security, national interest or other essential interests.

    2. Assistance may be refused if:
        (a) the request relates to the prosecution or punishment of a person for acts or omissions which, if they had taken place within the jurisdiction of the Requested State, would not have constituted an offence;
        (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 relates to the prosecution or punishment 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) 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.

    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 conditions, it shall comply with those conditions.

ARTICLE 5

CONTENTS OF REQUESTS

    1. Requests for assistance shall include:
        (a) the purpose of the request and the type of assistance sought;
        (b) the name of the competent authority conducting the investigation or proceedings to which the request relates;
        (c) a description of the nature of the criminal matter including a statement of the relevant laws;
        (d) a description of the acts, omissions or matters alleged to constitute the offence;
        (e) the court order, if any, sought to be enforced and a statement to the effect that it is a final order.  Such a request shall be in the form of a letter rogatory;
        (f) details of any procedure that the Requesting State wishes to be followed or any formalities it wishes observed. Where evidence or statements are sought the request shall be in the form of a letter rogatory and shall specify whether sworn or affirmed evidence or statements are required;
        (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) information concerning identity, nationality and location of the person or persons who are the subject of, or who may have information relevant