Document ID: chunk:federal_register_of_legislation:F1999B00145:body:0:p2
Version: federal_register_of_legislation:F1999B00145
Segment Type: other
Provision Reference: 
Character Range: 2640–5559

of Assistance

1. The Contracting Parties shall provide mutual assistance, in accordance with the provisions of this Treaty, in connection with the investigation, prosecution, and prevention of offenses, and in proceedings related to criminal matters.

2. Assistance shall include:
 (a) taking the testimony or statements of persons;
 (b) providing documents, records, and other articles of evidence;
 (c) serving documents;
 (d) locating or identifying persons;
 (e) transferring persons in custody for testimony or other purposes;
 (f) executing requests for searches and seizures and for restitution;
 (g) immobilizing instrumentalities and proceeds of crime;
 (h) assisting in proceedings related to forfeiture or confiscation; and
 (i) any other form of assistance not prohibited by the laws of the Requested State.

3. This Treaty is intended solely for mutual assistance between the Contracting Parties.  The provisions of this Treaty shall not give rise to a right on the part of any private person to obtain, suppress, or exclude any evidence, or to impede the execution of a request.

Article 2
Central Authorities

1. Each Contracting Party shall designate a Central Authority to make and receive requests pursuant to this Treaty.

2. For the United States of America, the Central Authority shall be the Attorney General or a person designated by the Attorney General.  For Australia, the Central Authority shall be the Attorney-General or a person designated by the Governor-General to be the Minister responsible for the administration of legislation relating to mutual assistance in criminal matters.

3. The Central Authorities shall communicate directly with one another for the purposes of this Treaty.

Article 3
Limitations on Assistance

1. The Central Authority of the Requested State may deny assistance if:
 (a) the request relates to a political offense;
 (b) the request relates to an offense under military law which would not be an offense under ordinary criminal law; or
 (c) the execution of the request would prejudice the security or essential interests of the Requested State.

2. Before denying assistance pursuant to this Article, the Central Authority of the Requested State shall consult with the Central Authority of the Requesting State to consider whether assistance can be given subject to such conditions as it deems necessary.  If the Requesting State accepts assistance subject to these conditions, it shall comply with the conditions.

3. If the Central Authority of the Requested State denies assistance, it shall inform the Central Authority of the Requesting State of the reasons for the denial.

Article 4
Form and Contents of Requests

1. A request for assistance shall be in writing except that the Central Authority of the Requested State may accept a request in another form in urgent situations.  In any such case, the request shall be confirmed in writing within