Document ID: chunk:federal_register_of_legislation:F1997B02585:body:0:p3
Version: federal_register_of_legislation:F1997B02585
Segment Type: other
Provision Reference: 
Character Range: 5486–8359

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;
         (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; or
         (e) the request relates to the prosecution or punishment of a person for an offence in respect of which the death penalty may be imposed or executed.

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

    FORM AND CONTENTS OF REQUESTS

1. A request for assistance shall be in writing except that the Central Office of the Requested State may accept a request in another form in urgent situations.  In any such situation, the request shall be confirmed in writing within ten days thereafter unless the Central Office of the Requested State agrees otherwise.

2. Requests for assistance shall include:
         (a) the purpose of the request and a description of the 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) except in cases of request for service of documents, a description of the acts or 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;
         (f) details of any particular procedure or requirement that the Requesting State wishes to be followed, including a statement as to whether sworn or affirmed evidence or statements are required;
         (g) the requirements, if any, of confidentiality and the reasons therefore; and
         (h) specification of any time limit within which compliance with the request is desired.

    3. 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 or who may have information relevant to the investigation or proceeding;
         (b) a description of the information, statement or evidence sought;
         (c) 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
         (d) information as to the fees, allowances and expenses to which a person appearing in the Requesting