Document ID: chunk:federal_register_of_legislation:F2004C00692:body:0:p7
Version: federal_register_of_legislation:F2004C00692
Segment Type: other
Provision Reference: 
Character Range: 15789–18509

which the request relates does not justify the taking of the action sought; or

       d. the offence to which the request relates is a political or fiscal offence; or

       e. the requested Party considers that compliance with the action sought would be contrary to the principle of ne bis in idem; or

       f. the offence to which the request relates would not be an offence under the law of the requested Party if committed within its jurisdiction. However, this ground for refusal applies to co-operation under Section 2 only in so far as the assistance sought involves coercive action.

2. Co-operation under Section 2, in so far as the assistance sought involves coercive action, and under Section 3 of this chapter, may also be refused if the measures sought could not be taken under the domestic law of the requested Party for the purposes of investigations or proceedings, had it been a similar domestic case.

3. Where the law of the requested Party so requires, co-operation under Section 2, in so far as the assistance sought involves coercive action, and under Section 3 of this chapter may also be refused if the measures sought or any other measures having similar effects would not be permitted under the law of the requesting Party, or, as regards the competent authorities of the requesting Party, if the request is not authorised by either a judge or another judicial authority, including public prosecutors, any of these authorities acting in relation to criminal offences.

4. Co-operation under Section 4 of this chapter may also be refused if:

       a. under the law of the requested Party confiscation is not provided for in respect of the type of offence to which the request relates; or

       b. without prejudice to the obligation pursuant to Article 13, paragraph 3, it would be contrary to the principles of the domestic laws of the requested Party concerning the limits of confiscation in respect of the relationship between an offence and:

           i. an economic advantage that might be qualified as its proceeds; or

           ii. property that might be qualified as its instrumentalities; or

       c. under the law of the requested Party confiscation may no longer be imposed or enforced because of the lapse of time; or

       d. the request does not relate to a previous conviction, or a decision of a judicial nature or a statement in such a decision that an offence or several offences have been committed, on the basis of which the confiscation has been ordered or is sought; or

       e. confiscation is either not enforceable in the requesting Party, or it is still subject to ordinary means of appeal; or

       f. the request relates to a confiscation order