(2)
Except in relation to any document which the Requesting Party is or would be
under a legal duty in criminal proceedings to disclose, the Requested Party, after consultation
with the Requesting Party, may require that information or evidence furnished or to be
furnished pursuant to this Agreement be kept confidential or be disclosed or used only subject
to such terms and conditions as it may specify.
(3)
Except in relation to any document which the Requesting Party is under a legal
duty in criminal proceedings to disclose, the Requesting Party shall not disclose or use
information or evidence furnished for purposes other than those stated in the request without
the prior consent of the Central Authority of the Requested Party.
(4)
Where the Requesting Party indicates that it would be unable to comply with
any conditions in relation to confidentiality or limitation as to disclosure or use of any
information or evidence were it to be furnished under this Agreement, the Requested Party
may refuse assistance.
ARTICLE IX
OBTAINING OF EVIDENCE, ARTICLES OR DOCUMENTS
(1)
Where a request is made that evidence be taken for the purpose of criminal
proceedings or proceedings in relation to a criminal matter in existence or in contemplation
in the Requesting Party, the Requested Party shall arrange to have such evidence taken.
(2)
For the purposes of this Agreement, the giving or taking of evidence shall
include the production of documents, records or other material.
(3)
For the purposes of requests under this Article, the Requesting Party shall
specify the questions to be put to the witnesses or the subject matter about which they are
to be examined.
(4)
Where, pursuant to a request for assistance, a person is to give evidence for
the purpose of proceedings in the Requesting Party, the parties to the relevant proceedings
in the Requesting Party, their legal representatives or representatives of the Requesting Party
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