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Article 3

Article 3

 

1. The Central Authority of the requested Party may refuse assistance if the requested Party considers that:

(1) the request relates to a political offence. For the purposes of this Treaty, none of the offences set forth in international agreements in force in the Parties shall be considered as political offences when such international agreements provide that the offences shall not be regarded as political offences;

(2) the execution of the request would impair its security or other essential interests;

(3) the request does not conform to the requirements of this Treaty;

(4) there are well-founded reasons to suppose that the request for assistance has been made with a view to prosecuting or punishing a person by reason of race, religion, nationality, ethnic origin, political opinions or sex, or that such person's position may be prejudiced for any of those reasons; or

(5) the conduct that is the subject of the investigation, prosecution or other proceeding in the requesting Party would not constitute a criminal offence under the laws of the requested Party.

2. Before refusing assistance pursuant to paragraph 1, the Central Authority of the requested Party shall consult with the Central Authority of the requesting Party to consider whether assistance can be provided subject to such conditions as the requested Party may deem necessary. If the requesting Party accepts such conditions, the requesting Party shall comply with them.

3. If assistance is refused, the Central Authority of the requested Party shall inform the Central Authority of the requesting Party of the reasons for the refusal.