Document ID: chunk:federal_register_of_legislation:F2006L03651:body:0:p5
Version: federal_register_of_legislation:F2006L03651
Segment Type: other
Provision Reference: 
Character Range: 10438–13271

Requests for assistance, to the extent necessary and relevant, 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, prosecution or proceedings related to a criminal matter;

(b) the identity and location of a person to be served, that person's relationship to the criminal proceedings, and the manner in which service is to be made;

(c) a description of the documents, records or items of evidence to be produced as well as a description of the appropriate person to be asked to produce them and, to the extent not otherwise provided for, the form in which they should be reproduced and authenticated;

(d) a description of the manner in which any testimony or statement is to be taken and recorded; and

(e) a description of the property, asset or item to which the request relates, including its identity and location, and any court order relating to the assistance requested and a statement relating to the finality of that order.

3. Requests, supporting documents and other communications made pursuant to this Treaty shall be in the English language.

4. If the Requested Party considers that the information contained in the request is not sufficient to enable the request to be dealt with, it may request additional information. The Requesting Party shall supply such additional information as the Requested Party considers necessary to enable the request to be fulfilled.

ARTICLE 6
FORM OF REQUESTS

1. Requests for assistance shall be made in writing or, where possible, by any means capable of producing a written record under conditions allowing the Requested Party to establish authenticity.

2. The Central Authority shall make and receive requests through the diplomatic channel.

3. Central Authorities shall deal with the transmission of all requests and any communication related thereto.

ARTICLE 7
EXECUTION OF REQUESTS

1. Requests for assistance shall be carried out promptly, in accordance with the laws and procedures of the Requested Party and, insofar as it is not incompatible with those laws and procedures, in the manner requested by the Requesting Party.

2. The Requested Party may postpone the execution of the request if its immediate execution would interfere with any ongoing investigation, prosecution or proceedings related to a criminal matter in the Requested Party.

3. The Requested Party may postpone the delivery of documents, records or items requested if such material is required for proceedings in respect of criminal or civil matters in that Party. The Requested Party shall, upon request, provide certified copies of such material.

4. Before postponing the execution of a request pursuant to this Article, the Requested Party shall consider whether assistance may