11. The requested Party may request additional information when it ap- pears necessary for the execution of the request in accordance with its domestic law or when it can facilitate such execution.
12. A request shall be executed in accordance with the domestic law of the requested Party and, to the extent not contrary to the domestic law of the re- quested Party and where possible, in accordance with the procedures specified in the request.
13. The requesting Party shall not transmit nor use information or evi- dence furnished by the requested Party for investigations, prosecutions or pro- ceedings other than those stated in the request without the prior consent of the requested Party.
14. The requesting Party may require that the requested Party keep confi- dential the fact and substance of the request, except to the extent necessary to ex- ecute the request. If the requested Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting Party.
15.
Mutual legal assistance may be refused:
(a) If the request is not made in conformity with the provisions of this ar- ticle;
(b) If the requested Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests;
(c) If the authorities of the requested Party would be prohibited by its do- mestic law from carrying out the action requested with regard to any similar of- fence, had it been subject to investigation, prosecution or proceedings under their own jurisdiction;
(d) If it would be contrary to the legal system of the requested Party relat- ing to mutual legal assistance for the request to be granted.
16. Reasons shall be given for any refusal of mutual legal assistance.
17. Mutual legal assistance may be postponed by the requested Party on the ground that it interferes with an ongoing investigation, prosecution or pro- ceeding. In such a case, the requested Party shall consult with the requesting Party to determine if the assistance can still be given subject to such terms and conditions as the requested Party deems necessary.
18. A witness, expert or other person who consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting Party, shall not be prosecuted, detained, punished or subjected to any other restriction of his personal liberty in that territory in respect of acts, omissions or convictions prior to his departure from the territory of the requested Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of fifteen consecutive days, or for any period agreed upon by the Parties, from the date on which he has been officially in- formed that his presence is no longer required by the judicial authorities, an op- portunity of leaving, has nevertheless remained voluntarily in the territory or, having left it, has returned of his own free will.
19. The ordinary costs of executing a request shall be borne by the re- quested Party, unless otherwise agreed by the Parties concerned. If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the
13
No comments yet.
Private notes are available after approval.