Page 6 of Annex B

ARTICLE 5

REFUSAL OR POSTPONEMENT OF ASSISTANCE

1.

Assistance shall be refused if the Requested

Party is of the opinion that execution of the request

would :

(a) be contrary to the interests of justice;

(b) seriously impair its essential interests; or

(c) impose an excessive burden on its resources.

2.

The Requested Party may refuse assistance if

there is a possibility of the death penalty being

imposed or executed in respect of the matter for which

assistance is sought.

3.

The Requested Party may refuse Or postpone

assistance if execution of the request would interfere

with an ongoing investigation or proceedings within its

jurisdiction.

4.

Before

refusing to grant a request for

assistance, the Requested Party shall consider whether

assistance may be granted subject to such conditions as

it deems necessary. If the Requesting Party accepts

assistance subject to these conditions, it shall comply

with them.

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