Document ID: chunk:federal_register_of_legislation:F2016L00536:schedule:1:p2
Version: federal_register_of_legislation:F2016L00536
Segment Type: schedule
Provision Reference: sch 1 (pt 2/11)
Character Range: 6009–8970

accordance with the law of the Requested Party and, insofar as it is not prohibited by that law, in the manner required by the Requesting Party.

2.                   The Requested Party, in accordance with its laws and procedures, may execute a request for assistance regardless of bank secrecy.

3.                   The Requested Party shall respond to reasonable inquiries by the Requesting Party concerning progress toward execution of the request.

4.                   The Requested Party shall promptly inform the Requesting Party of circumstances, when they become known, which are likely to cause a significant delay in responding to the request.

5.                   The Requested Party shall promptly inform the Requesting Party of the outcome of the execution of the request.

Article 4
Refusal or Postponement of Assistance

 1.                 Assistance may be refused if:

       a)      the request relates to an offence in respect of which the death penalty may be imposed or executed;

       b)      the execution of the request would impair its sovereignty, security, public order, essential public interest or prejudice the safety of any person;

       c)      the request relates to an offence that is regarded by the Requested Party as an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, of a political character;

       d)      there are grounds to believe the request has been made for the purpose of prosecuting a person on account of race, sex, religion, nationality, ethnic origin or political opinions, or that that person's position may be prejudiced for any of these reasons;

       e)      the request relates to an offence the prosecution of which in the Requesting Party would be incompatible with the Requested Party's law on double jeopardy;

       f)       the request relates to an offence that is regarded by the Requested Party as an offence under military law, which is not also an offence under ordinary criminal law;

       g)      the request related to an offence where acts or omissions alleged to constitute that offence would not, if they had taken place within the jurisdiction of the Requested Party, have constituted an offence, or could not be prosecuted in the Requested Party in similar circumstances; or

       h)      subject to Article 11, provision of the assistance sought could impose an excessive burden on the human or financial resources of that Party.

2.                   Assistance may be temporarily delayed by the Requested Party if execution of the request would interfere with an ongoing investigation, prosecution or civil proceeding in the territory of the Requested Party. Where appropriate, the Requested Party may, upon request, provide certified copies of documents.

3.                   The Requested Party shall promptly inform the Requesting Party of a decision not to comply in whole or in part with a