Article 31 to 46 - Part 5
Article 31. Freezing, seizure and confiscation
1.
Each State Party shall take, to the greatest extent possible within its
domestic legal system, such measures as may be necessary to enable confiscation
of:
(a) Proceeds of crime derived from offences established in accordance
with this Convention or property the value of which corresponds to that of such
proceeds;
(b) Property, equipment or other instrumentalities used in or destined for
use in offences established in accordance with this Convention.
2. Each State Party shall take such measures as may be necessary to
enable the identification, tracing, freezing or seizure of any item referred to in
paragraph 1 of this article for the purpose of eventual confiscation.
3. Each State Party shall adopt, in accordance with its domestic law,
such legislative and other measures as may be necessary to regulate the admin-
istration by the competent authorities of frozen, seized or confiscated property
covered in paragraphs 1 and 2 of this article.
4. If such proceeds of crime have been transformed or converted, in part
or in full, into other property, such property shall be liable to the measures
referred to in this article instead of the proceeds.
5. If such proceeds of crime have been intermingled with property ac-
quired from legitimate sources, such property shall, without prejudice to any
powers relating to freezing or seizure, be liable to confiscation up to the assessed
value of the intermingled proceeds.
6. Income or other benefits derived from such proceeds of crime, from
property into which such proceeds of crime have been transformed or converted
or from property with which such proceeds of crime have been intermingled
shall also be liable to the measures referred to in this article, in the same manner
and to the same extent as proceeds of crime.
7. For the purpose of this article and article 55 of this Convention, each
State Party shall empower its courts or other competent authorities to order that
bank, financial or commercial records be made available or seized. A State Party
shall not decline to act under the provisions of this paragraph on the ground
of bank secrecy.
8. States Parties may consider the possibility of requiring that an of-
fender demonstrate the lawful origin of such alleged proceeds of crime or other
property liable to confiscation, to the extent that such a requirement is consist-
ent with the fundamental principles of their domestic law and with the nature
of judicial and other proceedings.
9. The provisions of this article shall not be so construed as to prejudice
the rights of bona fide third parties.
10. Nothing contained in this article shall affect the principle that the
measures to which it refers shall be defined and implemented in accordance
with and subject to the provisions of the domestic law of a State Party.
Article 32. Protection of witnesses, experts and victims
1. Each State Party shall take appropriate measures in accordance with
its domestic legal system and within its means to provide effective protection
from potential retaliation or intimidation for witnesses and experts who give
testimony concerning offences established in accordance with this Convention
and, as appropriate, for their relatives and other persons close to them.
2. The measures envisaged in paragraph 1 of this article may include,
inter alia, without prejudice to the rights of the defendant, including the right
to due process:
(a) Establishing procedures for the physical protection of such persons,
such as, to the extent necessary and feasible, relocating them and permitting,
where appropriate, non-disclosure or limitations on the disclosure of informa-
tion concerning the identity and whereabouts of such persons;
(b) Providing evidentiary rules to permit witnesses and experts to give
testimony in a manner that ensures the safety of such persons, such as permit-
ting testimony to be given through the use of communications technology such
as video or other adequate means.
3. States Parties shall consider entering into agreements or arrangements
with other States for the relocation of persons referred to in paragraph 1 of this
article.
4. The provisions of this article shall also apply to victims insofar as they
are witnesses.
5. Each State Party shall, subject to its domestic law, enable the views
and concerns of victims to be presented and considered at appropriate stages of
criminal proceedings against offenders in a manner not prejudicial to the rights
of the defence.
Article 33. Protection of reporting persons
Each State Party shall consider incorporating into its domestic legal system
appropriate measures to provide protection against any unjustified treatment for
any person who reports in good faith and on reasonable grounds to the com-
petent authorities any facts concerning offences established in accordance with
this Convention.
Article 34. Consequences of acts of corruption
With due regard to the rights of third parties acquired in good faith, each
State Party shall take measures, in accordance with the fundamental principles
of its domestic law, to address consequences of corruption. In this context,
States Parties may consider corruption a relevant factor in legal proceedings to
annul or rescind a contract, withdraw a concession or other similar instrument
or take any other remedial action.
Article 35. Compensation for damage
Each State Party shall take such measures as may be necessary, in accord-
ance with principles of its domestic law, to ensure that entities or persons who
have suffered damage as a result of an act of corruption have the right to initiate
legal proceedings against those responsible for that damage in order to obtain
compensation.
Article 36. Specialized authorities
Each State Party shall, in accordance with the fundamental principles of its
legal system, ensure the existence of a body or bodies or persons specialized in
combating corruption through law enforcement. Such body or bodies or per-
sons shall be granted the necessary independence, in accordance with the fun-
damental principles of the legal system of the State Party, to be able to carry out
their functions effectively and without any undue influence. Such persons or
staff of such body or bodies should have the appropriate training and resources
to carry out their tasks.
Article 37. Cooperation with law enforcement authorities
1. Each State Party shall take appropriate measures to encourage persons
who participate or who have participated in the commission of an offence
established in accordance with this Convention to supply information useful to
competent authorities for investigative and evidentiary purposes and to provide
factual, specific help to competent authorities that may contribute to depriving
offenders of the proceeds of crime and to recovering such proceeds.
2. Each State Party shall consider providing for the possibility, in appro-
priate cases, of mitigating punishment of an accused person who provides sub-
stantial cooperation in the investigation or prosecution of an offence established
in accordance with this Convention.
3. Each State Party shall consider providing for the possibility, in ac-
cordance with fundamental principles of its domestic law, of granting immunity
from prosecution to a person who provides substantial cooperation in the in-
vestigation or prosecution of an offence established in accordance with this
Convention.
4. Protection of such persons shall be, mutatis mutandis, as provided for
in article 32 of this Convention.
5. Where a person referred to in paragraph 1 of this article located in one
State Party can provide substantial cooperation to the competent authorities of
another State Party, the States Parties concerned may consider entering into
agreements or arrangements, in accordance with their domestic law, concerning
the potential provision by the other State Party of the treatment set forth in
paragraphs 2 and 3 of this article.
Article 38. Cooperation between national authorities
Each State Party shall take such measures as may be necessary to encourage,
in accordance with its domestic law, cooperation between, on the one hand, its
public authorities, as well as its public officials, and, on the other hand, its
authorities responsible for investigating and prosecuting criminal offences. Such
cooperation may include:
(a) Informing the latter authorities, on their own initiative, where there
are reasonable grounds to believe that any of the offences established in accord-
ance with articles 15, 21 and 23 of this Convention has been committed; or
(b) Providing, upon request, to the latter authorities all necessary infor-
mation.
Article 39. Cooperation between national authorities
and the private sector
1. Each State Party shall take such measures as may be necessary to
encourage, in accordance with its domestic law, cooperation between national
investigating and prosecuting authorities and entities of the private sector, in
particular financial institutions, relating to matters involving the commission of
offences established in accordance with this Convention.
2. Each State Party shall consider encouraging its nationals and other
persons with a habitual residence in its territory to report to the national inves-
tigating and prosecuting authorities the commission of an offence established in
accordance with this Convention.
Article 40. Bank secrecy
Each State Party shall ensure that, in the case of domestic criminal inves-
tigations of offences established in accordance with this Convention, there are
appropriate mechanisms available within its domestic legal system to overcome
obstacles that may arise out of the application of bank secrecy laws.
Article 41. Criminal record
Each State Party may adopt such legislative or other measures as may be
necessary to take into consideration, under such terms as and for the purpose
that it deems appropriate, any previous conviction in another State of an alleged
offender for the purpose of using such information in criminal proceedings
relating to an offence established in accordance with this Convention.
Article 42. Jurisdiction
1. Each State Party shall adopt such measures as may be necessary to
establish its jurisdiction over the offences established in accordance with this
Convention when:
(a) The offence is committed in the territory of that State Party; or
(b) The offence is committed on board a vessel that is flying the flag of
that State Party or an aircraft that is registered under the laws of that State Party
at the time that the offence is committed.
2. Subject to article 4 of this Convention, a State Party may also estab-lish its jurisdiction over any such offence when:
(a) The offence is committed against a national of that State Party; or
(b) The offence is committed by a national of that State Party or a state-
less person who has his or her habitual residence in its territory; or
(c) The offence is one of those established in accordance with article 23,
paragraph 1 (b) (ii), of this Convention and is committed outside its territory
with a view to the commission of an offence established in accordance with
article 23, paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its
territory; or
(d) The offence is committed against the State Party.
3. For the purposes of article 44 of this Convention, each State Party
shall take such measures as may be necessary to establish its jurisdiction over the
offences established in accordance with this Convention when the alleged
offender is present in its territory and it does not extradite such person solely
on the ground that he or she is one of its nationals.
4. Each State Party may also take such measures as may be necessary to
establish its jurisdiction over the offences established in accordance with this
Convention when the alleged offender is present in its territory and it does not
extradite him or her.
5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of
this article has been notified, or has otherwise learned, that any other States
Parties are conducting an investigation, prosecution or judicial proceeding in
respect of the same conduct, the competent authorities of those States Parties
shall, as appropriate, consult one another with a view to coordinating their
actions.
6. Without prejudice to norms of general international law, this Con-
vention shall not exclude the exercise of any criminal jurisdiction established by
a State Party in accordance with its domestic law
Chapter IV
International cooperation
Article 43. International cooperation
1. States Parties shall cooperate in criminal matters in accordance with
articles 44 to 50 of this Convention. Where appropriate and consistent with
their domestic legal system, States Parties shall consider assisting each other in
investigations of and proceedings in civil and administrative matters relating to
corruption.
2. In matters of international cooperation, whenever dual criminality is
considered a requirement, it shall be deemed fulfilled irrespective of whether the
laws of the requested State Party place the offence within the same category of
offence or denominate the offence by the same terminology as the requesting
State Party, if the conduct underlying the offence for which assistance is sought
is a criminal offence under the laws of both States Parties.
Article 44. Extradition
1. This article shall apply to the offences established in accordance with
this Convention where the person who is the subject of the request for extra-
dition is present in the territory of the requested State Party, provided that the
offence for which extradition is sought is punishable under the domestic law of
both the requesting State Party and the requested State Party.
2. Notwithstanding the provisions of paragraph 1 of this article, a State
Party whose law so permits may grant the extradition of a person for any of the
offences covered by this Convention that are not punishable under its own
domestic law.
3. If the request for extradition includes several separate offences, at least
one of which is extraditable under this article and some of which are not
extraditable by reason of their period of imprisonment but are related to of-
fences established in accordance with this Convention, the requested State Party
may apply this article also in respect of those offences.
4. Each of the offences to which this article applies shall be deemed to
be included as an extraditable offence in any extradition treaty existing between
States Parties. States Parties undertake to include such offences as extraditable
offences in every extradition treaty to be concluded between them. A State Party
whose law so permits, in case it uses this Convention as the basis for extradition
shall not consider any of the offences established in accordance with this Con-
vention to be a political offence.
5. If a State Party that makes extradition conditional on the existence of
a treaty receives a request for extradition from another State Party with which
it has no extradition treaty, it may consider this Convention the legal basis for
extradition in respect of any offence to which this article applies.
6. A State Party that makes extradition conditional on the existence of
a treaty shall:
(a) At the time of deposit of its instrument of ratification, acceptance or
approval of or accession to this Convention, inform the Secretary-General of the
United Nations whether it will take this Convention as the legal basis for
cooperation on extradition with other States Parties to this Convention; and
(b) If it does not take this Convention as the legal basis for cooperation
on extradition, seek, where appropriate, to conclude treaties on extradition with
other States Parties to this Convention in order to implement this article.
7. States Parties that do not make extradition conditional on the exist-
ence of a treaty shall recognize offences to which this article applies as extradit-
able offences between themselves
8. Extradition shall be subject to the conditions provided for by the
domestic law of the requested State Party or by applicable extradition treaties,
including, inter alia, conditions in relation to the minimum penalty require-
ment for extradition and the grounds upon which the requested State Party may
refuse extradition.
9. States Parties shall, subject to their domestic law, endeavour to expe-
dite extradition procedures and to simplify evidentiary requirements relating
thereto in respect of any offence to which this article applies.
10. Subject to the provisions of its domestic law and its extradition trea-
ties, the requested State Party may, upon being satisfied that the circumstances
so warrant and are urgent and at the request of the requesting State Party, take
a person whose extradition is sought and who is present in its territory into
custody or take other appropriate measures to ensure his or her presence at
extradition proceedings.
11. A State Party in whose territory an alleged offender is found, if it does
not extradite such person in respect of an offence to which this article applies
solely on the ground that he or she is one of its nationals, shall, at the request
of the State Party seeking extradition, be obliged to submit the case without
undue delay to its competent authorities for the purpose of prosecution. Those
authorities shall take their decision and conduct their proceedings in the same
manner as in the case of any other offence of a grave nature under the domestic
law of that State Party. The States Parties concerned shall cooperate with each
other, in particular on procedural and evidentiary aspects, to ensure the
efficiency of such prosecution.
12. Whenever a State Party is permitted under its domestic law to extra-
dite or otherwise surrender one of its nationals only upon the condition that the
person will be returned to that State Party to serve the sentence imposed as a
result of the trial or proceedings for which the extradition or surrender of the
person was sought and that State Party and the State Party seeking the extra-
dition of the person agree with this option and other terms that they may deem
appropriate, such conditional extradition or surrender shall be sufficient to
discharge the obligation set forth in paragraph 11 of this article.
13. If extradition, sought for purposes of enforcing a sentence, is refused
because the person sought is a national of the requested State Party, the re-
quested State Party shall, if its domestic law so permits and in conformity with
the requirements of such law, upon application of the requesting State Party,
consider the enforcement of the sentence imposed under the domestic law of the
requesting State Party or the remainder thereof.
14. Any person regarding whom proceedings are being carried out in
connection with any of the offences to which this article applies shall be
guaranteed fair treatment at all stages of the proceedings, including enjoyment
of all the rights and guarantees provided by the domestic law of the State Party
in the territory of which that person is present.
15. Nothing in this Convention shall be interpreted as imposing an ob-
ligation to extradite if the requested State Party has substantial grounds for
believing that the request has been made for the purpose of prosecuting or
punishing a person on account of that person’s sex, race, religion, nationality,
ethnic origin or political opinions or that compliance with the request would
cause prejudice to that person’s position for any one of these reasons.
16. States Parties may not refuse a request for extradition on the sole
ground that the offence is also considered to involve fiscal matters.
17. Before refusing extradition, the requested State Party shall, where
appropriate, consult with the requesting State Party to provide it with ample
opportunity to present its opinions and to provide information relevant to its
allegation.
18. States Parties shall seek to conclude bilateral and multilateral
agreements or arrangements to carry out or to enhance the effectiveness of
extradition.
Article 45. Transfer of sentenced persons
States Parties may consider entering into bilateral or multilateral agree-
ments or arrangements on the transfer to their territory of persons sentenced to
imprisonment or other forms of deprivation of liberty for offences established
in accordance with this Convention in order that they may complete their
sentences there.
Article 46. Mutual legal assistance
1. States Parties shall afford one another the widest measure of mutual
legal assistance in investigations, prosecutions and judicial proceedings in rela-
tion to the offences covered by this Convention.
2. Mutual legal assistance shall be afforded to the fullest extent possible
under relevant laws, treaties, agreements and arrangements of the requested
State Party with respect to investigations, prosecutions and judicial proceedings
in relation to the offences for which a legal person may be held liable in
accordance with article 26 of this Convention in the requesting State Party.
3. Mutual legal assistance to be afforded in accordance with this article
may be requested for any of the following purposes:
(a) Taking evidence or statements from persons;
(b) Effecting service of judicial documents;
(c) Executing searches and seizures, and freezing;
(d) Examining objects and sites;
(e) Providing information, evidentiary items and expert evaluations;
(f) Providing originals or certified copies of relevant documents and
records, including government, bank, financial, corporate or business records;
(g) Identifying or tracing proceeds of crime, property, instrumentalities or
other things for evidentiary purposes;
(h) Facilitating the voluntary appearance of persons in the requesting
State Party;
i) Any other type of assistance that is not contrary to the domestic law
of the requested State Party;
(j) Identifying, freezing and tracing proceeds of crime in accordance with
the provisions of chapter V of this Convention;
(k) The recovery of assets, in accordance with the provisions of chapter V
of this Convention.
4. Without prejudice to domestic law, the competent authorities of a
State Party may, without prior request, transmit information relating to crimi-
nal matters to a competent authority in another State Party where they believe
that such information could assist the authority in undertaking or successfully
concluding inquiries and criminal proceedings or could result in a request for-
mulated by the latter State Party pursuant to this Convention.
5. The transmission of information pursuant to paragraph 4 of this ar-
ticle shall be without prejudice to inquiries and criminal proceedings in the
State of the competent authorities providing the information. The competent
authorities receiving the information shall comply with a request that said in-
formation remain confidential, even temporarily, or with restrictions on its use.
However, this shall not prevent the receiving State Party from disclosing in its
proceedings information that is exculpatory to an accused person. In such a
case, the receiving State Party shall notify the transmitting State Party prior to
the disclosure and, if so requested, consult with the transmitting State Party. If,
in an exceptional case, advance notice is not possible, the receiving State Party
shall inform the transmitting State Party of the disclosure without delay.
6. The provisions of this article shall not affect the obligations under any
other treaty, bilateral or multilateral, that governs or will govern, in whole or
in part, mutual legal assistance.
7. Paragraphs 9 to 29 of this article shall apply to requests made pursu-
ant to this article if the States Parties in question are not bound by a treaty of
mutual legal assistance. If those States Parties are bound by such a treaty, the
corresponding provisions of that treaty shall apply unless the States Parties agree
to apply paragraphs 9 to 29 of this article in lieu thereof. States Parties are
strongly encouraged to apply those paragraphs if they facilitate cooperation.
8. States Parties shall not decline to render mutual legal assistance pur-suant to this article on the ground of bank secrecy.
9. (a) A requested State Party, in responding to a request for assistance
pursuant to this article in the absence of dual criminality, shall take into account
the purposes of this Convention, as set forth in article 1;
(b) States Parties may decline to render assistance pursuant to this article
on the ground of absence of dual criminality. However, a requested State Party
shall, where consistent with the basic concepts of its legal system, render
assistance that does not involve coercive action. Such assistance may be refused
when requests involve matters of a de minimis nature or matters for which the
cooperation or assistance sought is available under other provisions of this
Convention;
(c) Each State Party may consider adopting such measures as may be
necessary to enable it to provide a wider scope of assistance pursuant to this
article in the absence of dual criminality.
10. A person who is being detained or is serving a sentence in the terri-
tory of one State Party whose presence in another State Party is requested for
purposes of identification, testimony or otherwise providing assistance in ob-
taining evidence for investigations, prosecutions or judicial proceedings in rela-
tion to offences covered by this Convention may be transferred if the following
conditions are met:
(a) The person freely gives his or her informed consent;
(b) The competent authorities of both States Parties agree, subject to such
conditions as those States Parties may deem appropriate.
11. For the purposes of paragraph 10 of this article:
(a) The State Party to which the person is transferred shall have the
authority and obligation to keep the person transferred in custody, unless other-
wise requested or authorized by the State Party from which the person was
transferred;
(b) The State Party to which the person is transferred shall without delay
implement its obligation to return the person to the custody of the State Party
from which the person was transferred as agreed beforehand, or as otherwise
agreed, by the competent authorities of both States Parties;
(c) The State Party to which the person is transferred shall not require the
State Party from which the person was transferred to initiate extradition pro-
ceedings for the return of the person;
(d) The person transferred shall receive credit for service of the sentence
being served in the State from which he or she was transferred for time spent
in the custody of the State Party to which he or she was transferred.
12. Unless the State Party from which a person is to be transferred in
accordance with paragraphs 10 and 11 of this article so agrees, that person,
whatever his or her nationality, shall not be prosecuted, detained, punished or
subjected to any other restriction of his or her personal liberty in the territory
of the State to which that person is transferred in respect of acts, omissions or
convictions prior to his or her departure from the territory of the State from
which he or she was transferred.
13. Each State Party shall designate a central authority that shall have the
responsibility and power to receive requests for mutual legal assistance and
either to execute them or to transmit them to the competent authorities for
execution. Where a State Party has a special region or territory with a separate
system of mutual legal assistance, it may designate a distinct central authority
that shall have the same function for that region or territory. Central authorities
shall ensure the speedy and proper execution or transmission of the requests
received. Where the central authority transmits the request to a competent
authority for execution, it shall encourage the speedy and proper execution of
the request by the competent authority. The Secretary-General of the United
Nations shall be notified of the central authority designated for this purpose at
the time each State Party deposits its instrument of ratification, acceptance or
approval of or accession to this Convention. Requests for mutual legal assistance
and any communication related thereto shall be transmitted to the central au-
thorities designated by the States Parties. This requirement shall be without
prejudice to the right of a State Party to require that such requests and com-
munications be addressed to it through diplomatic channels and, in urgent
circumstances, where the States Parties agree, through the International Crimi-
nal Police Organization, if possible
14. Requests shall be made in writing or, where possible, by any means
capable of producing a written record, in a language acceptable to the requested
State Party, under conditions allowing that State Party to establish authenticity.
The Secretary-General of the United Nations shall be notified of the language
or languages acceptable to each State Party at the time it deposits its instrument
of ratification, acceptance or approval of or accession to this Convention. In
urgent circumstances and where agreed by the States Parties, requests may be
made orally but shall be confirmed in writing forthwith.
15. A request for mutual legal assistance shall contain:
(a) The identity of the authority making the request;
(b) The subject matter and nature of the investigation, prosecution or
judicial proceeding to which the request relates and the name and functions of
the authority conducting the investigation, prosecution or judicial proceeding;
(c) A summary of the relevant facts, except in relation to requests for the
purpose of service of judicial documents;
(d) A description of the assistance sought and details of any particular
procedure that the requesting State Party wishes to be followed;
(e) Where possible, the identity, location and nationality of any person
concerned; and
(f) The purpose for which the evidence, information or action is sought.
16. The requested State Party may request additional information when
it appears necessary for the execution of the request in accordance with its
domestic law or when it can facilitate such execution.
17. A request shall be executed in accordance with the domestic law of
the requested State Party and, to the extent not contrary to the domestic law
of the requested State Party and where possible, in accordance with the pro-
cedures specified in the request.
18. Wherever possible and consistent with fundamental principles of
domestic law, when an individual is in the territory of a State Party and has to
be heard as a witness or expert by the judicial authorities of another State Party,
the first State Party may, at the request of the other, permit the hearing to take
place by video conference if it is not possible or desirable for the individual in
question to appear in person in the territory of the requesting State Party. States
Parties may agree that the hearing shall be conducted by a judicial authority of
the requesting State Party and attended by a judicial authority of the requested
State Party.
19. The requesting State Party shall not transmit or use information or
evidence furnished by the requested State Party for investigations, prosecutions
or judicial proceedings other than those stated in the request without the prior
consent of the requested State Party. Nothing in this paragraph shall prevent the
requesting State Party from disclosing in its proceedings information or evi-
dence that is exculpatory to an accused person. In the latter case, the requesting
State Party shall notify the requested State Party prior to the disclosure and, if
so requested, consult with the requested State Party. If, in an exceptional case,
advance notice is not possible, the requesting State Party shall inform the
requested State Party of the disclosure without delay.
20. The requesting State Party may require that the requested State Party
keep confidential the fact and substance of the request, except to the extent
necessary to execute the request. If the requested State Party cannot comply
with the requirement of confidentiality, it shall promptly inform the requesting
State Party.
21. Mutual legal assistance may be refused:
(a) If the request is not made in conformity with the provisions of this
Article (b) If the requested State 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 State Party would be prohibited by
its domestic law from carrying out the action requested with regard to any
similar offence, had it been subject to investigation, prosecution or judicial
proceedings under their own jurisdiction;
(d) If it would be contrary to the legal system of the requested State Party
relating to mutual legal assistance for the request to be granted.
22. States Parties may not refuse a request for mutual legal assistance on
the sole ground that the offence is also considered to involve fiscal matters.
23. Reasons shall be given for any refusal of mutual legal assistance.
24. The requested State Party shall execute the request for mutual legal
assistance as soon as possible and shall take as full account as possible of any
deadlines suggested by the requesting State Party and for which reasons are
given, preferably in the request. The requesting State Party may make reason-
able requests for information on the status and progress of measures taken by
the requested State Party to satisfy its request. The requested State Party shall
respond to reasonable requests by the requesting State Party on the status, and
progress in its handling, of the request. The requesting State Party shall
promptly inform the requested State Party when the assistance sought is no
longer required.
25. Mutual legal assistance may be postponed by the requested State
Party on the ground that it interferes with an ongoing investigation, prosecution
or judicial proceeding.
26. Before refusing a request pursuant to paragraph 21 of this article or
postponing its execution pursuant to paragraph 25 of this article, the requested
State Party shall consult with the requesting State Party to consider whether
assistance may be granted subject to such terms and conditions as it deems
necessary. If the requesting State Party accepts assistance subject to those con-
ditions, it shall comply with the conditions.
27. Without prejudice to the application of paragraph 12 of this article,
a witness, expert or other person who, at the request of the requesting State
Party, consents to give evidence in a proceeding or to assist in an investigation,
prosecution or judicial proceeding in the territory of the requesting State Party
shall not be prosecuted, detained, punished or subjected to any other restriction
of his or her personal liberty in that territory in respect of acts, omissions or
convictions prior to his or her departure from the territory of the requested
State 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 States Parties from the date on which he or she has been
officially informed that his or her presence is no longer required by the judicial
authorities, an opportunity of leaving, has nevertheless remained voluntarily in
the territory of the requesting State Party or, having left it, has returned of his
or her own free will.
28. The ordinary costs of executing a request shall be borne by the re-
quested State Party, unless otherwise agreed by the States Parties concerned. If
expenses of a substantial or extraordinary nature are or will be required to fulfil
the request, the States Parties shall consult to determine the terms and condi-
tions under which the request will be executed, as well as the manner in which
the costs shall be borne.
29. The requested State Party:
(a) Shall provide to the requesting State Party copies of government
records, documents or information in its possession that under its domestic law
are available to the general public;
(b) May, at its discretion, provide to the requesting State Party in whole,
in part or subject to such conditions as it deems appropriate, copies of any
government records, documents or information in its possession that under its
domestic law are not available to the general public
30. States Parties shall consider, as may be necessary, the possibility of
concluding bilateral or multilateral agreements or arrangements that would serve
the purposes of, give practical effect to or enhance the provisions of this article.
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Thursday, April 14, 2011
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