Document ID: chunk:federal_register_of_legislation:F1996B01839:body:0:p3
Version: federal_register_of_legislation:F1996B01839
Segment Type: other
Provision Reference: 
Character Range: 5544–8437

had taken place within the jurisdiction of the Requested State, have constituted an offence;
         (f) 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
         (g) provision of the assistance sought could prejudice an investigation or proceeding in the Requested State or prejudice the safety of any person.

2. 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 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.

2. 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 allowances and expenses to which a person appearing in the Requesting State will be entitled.

3. Requests, supporting documents and other communications made pursuant to this Treaty shall be in the language of the Requesting State and accompanied by a translation into the language of the Requested State.

4. If the Requested State considers that the information contained in the request is not sufficient in accordance with this Treaty to enable the request to be dealt with, it may request additional information.

Article 6