Contents of Requests. (1) In all cases requests for assistance shall indicate: (a) the competent authority conducting the investigation or proceedings to which the request relates; (b) the nature of the investigation or proceedings, and include a summary of the facts and a copy of the applicable laws; (c) the purpose of the request and the nature of the assistance sought; (d) the degree of confidentiality required and the reasons therefor; and (e) any time limit within which the request should be executed. (2) In the following cases requests for assistance shall include: (a) in the case of requests for the taking of evidence, search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the Requested State; (b) in the case of requests to take evidence from a person, an indication as to whether sworn or affirmed statements are required and a description of the subject matter of the evidence or statement sought; (c) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned; (d) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s return; (3) If necessary and where possible requests for assistance shall include: (a) the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings; (b) details of any particular procedure or requirement that the Requesting State wishes to be followed and the reasons therefor (4) If the Requested State considers that the information is not sufficient two enable the request to be executed, it may request additional information. (5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 2 contracts
Contents of Requests. (1) In all cases requests . A request for assistance in criminal matters shall indicate:contain such information as the Requested Party requires to execute the request, including -
(a) the name of the requesting office and the competent authority conducting the investigation or criminal proceedings to which the request relates;
(b) the nature of the investigation or proceedings, and include a summary of the facts and a copy of the applicable laws;
(c) the purpose of the request and the nature of the assistance sought;
(c) a description of the nature of the criminal matter and its current status, and a statement setting out a summary of the relevant facts and laws;
(d) a description of the degree of confidentiality required and offence to which the reasons therefor; andrequest relates, including its maximum penalty;
(e) a description of the facts alleged to constitute the offence and a statement or text of the relevant laws;
(f) a description of the essential acts or omissions or matters alleged or sought to be ascertained;
(g) a description of the evidence, information or other assistance sought;
(h) the reasons for and details of any particular procedure or requirement that the Requesting Party wishes to be followed;
(i) specification of any time limit within which compliance with the request should be executed.
(2) In the following cases requests for assistance shall include:
(a) in the case of requests for the taking of evidence, search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the Requested Stateis desired;
(bj) in any special requirements for confidentiality and the case of requests to take evidence from a person, an indication reasons for it; and
(k) such other information or undertakings as to whether sworn or affirmed statements are may be required and a description under the domestic laws of the subject matter Requested Party or which is otherwise necessary for the proper execution of the evidence or statement sought;request.
(c) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(d) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s return;
(3) If necessary and where possible requests 2. Requests for assistance shall includemay also, to the extent necessary, contain the following information:
(a) the identity, nationality and location of the person or persons who are the subject of the investigation or criminal proceedings;
(b) details the identity and location of any particular procedure or requirement that person from whom evidence is sought;
(c) the Requesting State wishes identity and location of a person to be followed served, that person's relationship to the criminal proceedings and the reasons thereformanner in which service is to be made;
(d) information on the identity and whereabouts of a person to be located;
(e) a description of the manner in which any testimony or statement is to be taken and recorded;
(f) a list of questions to be asked of a witness;
(g) a description of the documents, records or items of evidence to be produced as well as a description of the appropriate person to be asked to produce them and, to the extent not otherwise provided for, the form in which they should be reproduced and authenticated;
(h) a statement as to whether sworn or affirmed evidence or statements are required;
(i) a description of the property, asset or article to which the request relates, including its identity and location; and
(j) any court order relating to the assistance requested and a statement relating to the finality of that order.
3. Requests, supporting documents and other communications made pursuant to this Treaty shall be in the English language and, if necessary, accompanied by a translation into the language of the Requested Party or another language acceptable to the Requested Party.
4) . If the Requested State Party considers that the information contained in the request is not sufficient two to enable the request to be executeddealt with, it the Requested Party may request additional information. The Requesting Party shall supply such additional information as the Requested Party considers necessary to enable the request to be fulfilled.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 2 contracts
Samples: Treaty on Mutual Legal Assistance in Criminal Matters, Treaty on Mutual Legal Assistance in Criminal Matters
Contents of Requests. (
1) In all cases requests . A request for assistance in criminal matters shall indicate:contain such information as the Requested Party requires to execute the request, including -
(a) the name of the requesting office and the competent authority conducting the investigation or criminal proceedings to which the request relates;
(b) the nature of the investigation or proceedings, and include a summary of the facts and a copy of the applicable laws;
(c) the purpose of the request and the nature of the assistance sought;
(c) a description of the nature of the criminal matter and its current status, and a statement setting out a summary of the relevant facts and laws;
(d) a description of the degree of confidentiality required and offence to which the reasons therefor; andrequest relates, including its maximum penalty;
(e) a description of the facts alleged to constitute the offence and a statement or text of the relevant laws;
(f) a description of the essential acts or omissions or matters alleged or sought to be ascertained;
(g) a description of the evidence, information or other assistance sought;
(h) the reasons for and details of any particular procedure or requirement that the Requesting Party wishes to be followed;
(i) specification of any time limit within which compliance with the request should be executed.
(2) In the following cases requests for assistance shall include:
(a) in the case of requests for the taking of evidence, search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the Requested Stateis desired;
(bj) in any special requirements for confidentiality and the case of requests to take evidence from a person, an indication reasons for it; and
(k) such other information or undertakings as to whether sworn or affirmed statements are may be required and a description under the domestic laws of the subject matter Requested Party or which is otherwise necessary for the proper execution of the evidence or statement sought;request.
(c) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(d) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s return;
(3) If necessary and where possible requests 2. Requests for assistance shall includemay also, to the extent necessary, contain the following information:
(a) the identity, nationality and location of the person or persons who are the subject of the investigation or criminal proceedings;
(b) details the identity and location of any particular procedure or requirement that person from whom evidence is sought;
(c) the Requesting State wishes identity and location of a person to be followed served, that person's relationship to the criminal proceedings and the reasons thereformanner in which service is to be made;
(d) information on the identity and whereabouts of a person to be located;
(e) a description of the manner in which any testimony or statement is to be taken and recorded;
(f) a list of questions to be asked of a witness;
(g) a description of the documents, records or items of evidence to be produced as well as a description of the appropriate person to be asked to produce them and, to the extent not otherwise provided for, the form in which they should be reproduced and authenticated;
(h) a statement as to whether sworn or affirmed evidence or statements are required;
(i) a description of the property, asset or article to which the request relates, including its identity and location; and
(j) any court order relating to the assistance requested and a statement relating to the finality of that order.
3. Requests, supporting documents and other communications made pursuant to this Treaty shall be in the English language and, if necessary, accompanied by a translation into the language of the Requested Party or another language acceptable to the Requested Party.
4) . If the Requested State Party considers that the information contained in the request is not sufficient two to enable the request to be executeddealt with, it the Requested Party may request additional information. The Requesting Party shall supply such additional information as the Requested Party considers necessary to enable the request to be fulfilled.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 1 contract
Samples: Treaty on Mutual Legal Assistance in Criminal Matters
Contents of Requests. (1) . In all cases requests for assistance shall indicateinclude:
(a) the competent authority conducting the investigation or proceedings to which the request relates;
(b) a description of the nature of the investigation or proceedings, and include including a copy or summary of the relevant facts and a copy of the applicable laws;
(c) the purpose of for which the request is made and the nature of the assistance sought;
(d) the degree of need, if any, for confidentiality required and the reasons therefortherefor in accordance with Article 16; and
(e) any time limit within which compliance with the request should be executedis desired.
(2) In the following cases requests . Requests for assistance shall includealso contain the following information:
(a) where possible, the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(b) where necessary, details of any particular procedure or requirement that the Requesting State wishes to be followed and the reasons therefor;
(c) in the case of requests for the taking of evidence, evidence or search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the jurisdiction of the Requested State;
(bd) in the case of requests to take evidence from a person, an indication a statement as to whether sworn or affirmed statements are required required, and a description of the subject matter of the evidence or statement sought;
(ce) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting Stateexhibit, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;; and
(df) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s 's return;.
(3) If necessary and where possible requests for assistance shall include:
(a) the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(b) details of any particular procedure or requirement that the Requesting State wishes to be followed and the reasons therefor
(4) . If the Requested State considers that the information contained in the request is not sufficient two to enable the request to be executeddealt with, it that Party may request that additional informationdetails be furnished.
(5) Requests 4. A request shall be made in writing. In urgent circumstancescircumstances or where otherwise permitted by the Requested State, a request may be made orally but shall be confirmed in writing promptly within ten days thereafter.
Appears in 1 contract
Samples: Mutual Legal Assistance Treaty
Contents of Requests. (1) In all cases requests for assistance shall indicate:
(a) the competent authority conducting the investigation or proceedings to which the request relates;
(b) the nature of the investigation or proceedings, and include a summary of the facts and a copy of the applicable laws;
(c) the purpose of the request and the nature of the assistance sought;
(d) the degree of confidentiality required and the reasons therefor; and
(e) any time limit within which the request should be executed.
(2) In the following cases requests . Requests for assistance shall include:
(a) in the case purpose of requests for the taking request and a description of evidence, search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the Requested Stateassistance sought;
(b) the name of the requesting office and the competent authority conducting the investigation, prosecution or proceedings related to a criminal matter to which the request relates;
(c) a description of the nature of the criminal matter, each offence to which the request relates, including its maximum penalty and a statement or text of the relevant laws;
(d) except in cases of request for service of judicial and related documents, a description of the case acts or omissions or matters alleged to constitute the offence;
(e) a description of requests the evidence, information or other assistance sought;
(f) the court order, if any, sought to take evidence from be enforced and a personstatement to the effect that it is a final order;
(g) the reasons for and details of any particular procedure or requirement that the Requesting Party wishes to be followed, an indication including a statement as to whether sworn or affirmed evidence or statements are required and a description of the subject matter of the evidence or statement soughtrequired;
(ch) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removed, any tests to be conducted special requirement for confidentiality and the date by which the exhibit will be returnedreasons for it;
(di) in specification of any time limit within which compliance with the case of making detained persons available, an indication request is desired; and
(j) such other information as is necessary for the proper execution of the person or class of persons who will have custody during request.
2. Requests for assistance, to the transfer, the place to which the detained person is to be transferred and the date of that person=s return;
(3) If extent necessary and where possible requests for assistance relevant, shall also include:
(a) the identity, nationality and location of the person or persons who are the subject of or who may have information relevant to the investigation investigation, prosecution or proceedingsproceedings related to a criminal matter;
(b) details the identity and location of any particular procedure or requirement that the Requesting State wishes a person to be followed served, that person’s relationship to the criminal proceedings, and the reasons thereformanner in which service is to be made;
(c) a description of the documents, records or items of evidence to be produced as well as a description of the appropriate person to be asked to produce them and, to the extent not otherwise provided for, the form in which they should be reproduced and authenticated;
(d) a description of the manner in which any testimony or statement is to be taken and recorded; and
(e) a description of the property, asset or item to which the request relates, including its identity and location, and any court order relating to the assistance requested and a statement relating to the finality of that order.
3. Requests, supporting documents and other communications made pursuant to this Treaty shall be in the English language.
4) . If the Requested State Party considers that the information contained in the request is not sufficient two to enable the request to be executeddealt with, it may request additional information. The Requesting Party shall supply such additional information as the Requested Party considers necessary to enable the request to be fulfilled.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 1 contract
Contents of Requests. (1) In all cases . Requests for assistance under this Agreement shall be made in writing. However, in urgent circumstances, or where otherwise permitted by the Requested State, requests may be made orally but shall be confirmed in writing thereafter.
2. Requests for assistance shall indicateinclude a statement of:
(a) the name of the competent authority conducting the investigation or proceedings to which the request relates;
(b) the nature of the investigation or proceedings, and include a summary A description of the facts alleged to constitute the offence and a copy statement or text of the applicable relevant laws, except in cases of a request for service of documents;
(c) the purpose of for which the request is made and the nature of the assistance sought;
(d) details of any particular procedure or requirement that the degree of confidentiality required and the reasons therefor; andRequesting State wishes to be followed;
(e) any time limit within which compliance with the request should be executed.is desired;
(2f) In the following cases requests for assistance shall include:identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(ag) in the case of requests request for the taking of evidence, evidence or search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the jurisdiction of the Requested State;
(bh) in the case of requests request to take evidence from a person, an indication a statement as to whether sworn or affirmed statements are required required, and a description of the subject matter of the evidence or statement sought;
(ci) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting Stateexhibit, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(dj) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s ’s return;
(3) If necessary and where possible requests for assistance shall include:
(ak) the identityneed, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(b) details of any particular procedure or requirement that the Requesting State wishes to be followed if any, for confidentiality and the reasons therefor; and
(l) in the case of requests for restraint or forfeiture of proceeds or instruments of crime, where possible:
(i) a detailed description of the proceeds or instruments including their location;
(ii) a statement describing the basis for belief that the monies or property are the proceeds or instruments of crime; and
(iii) a statement describing the evidence that would be available for a proceeding in the Requested State.
3. The Requested State shall not refuse to execute the request solely because it does not include all of the information described under this article, if it can otherwise be executed according to the law of the Requested State.
4) . If the Requested State considers that the additional information is not sufficient two needed to enable the request to be executeddealt with, it that State may request such additional information.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 1 contract
Samples: Mutual Legal Assistance Agreement
Contents of Requests. (1) In all cases requests . A request for assistance shall indicateinclude the following:
(a) the competent name of the authority conducting the investigation investigation, prosecution or judicial proceedings to which the request relates;
(b) a description of the facts including an assessment of the damage caused or likely to be caused if any and the nature of the investigation or proceedings, and include a summary of case to which the facts and a copy of request relates as well as the applicable lawslaw;
(c) the purpose of the request and the nature a description of the assistance sought;
(d) , its purpose and its relevance to the degree of confidentiality required and the reasons therefor; and
(e) any time limit within which the request should be executedcase.
(2) In . To the following cases requests for assistance extent necessary and possible, a request shall also include:
(a) information on the identity and location of a person of whom evidence is sought;
(b) information on the identity and location of a person to be served, that person's relationship to the criminal proceedings, and the manner in which service is to be made;
(c) information on the identity and whereabouts of a person or on the whereabouts of an item to be located;
(d) a precise description of the place or person to be searched and of the items to be seized;
(e) in case of requests requesting for the taking of evidence, search and seizure, seizure or other measures requiring authorisation by a competent authority according to the location, restraint or forfeiture law of proceeds of crimethe Requested Party, a statement indicating the basis for belief that evidence or proceeds of crime may be found in the jurisdiction of the Requested StateParty, an authorisation of a competent authority of the Requesting Party and a statement confirming the competence of that authority;
(bf) in the case of requests to take evidence from a person, an indication as to whether sworn or affirmed statements are required and a description of the subject matter of the evidence object to be inspected or statement soughtexamined;
(cg) in the case of lending of exhibits, the current location a description of the exhibits in testimony sought, which may include a list of questions to be asked and the Requested State and an indication information of any rights of that person to decline to give evidence under the law of the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returnedParty;
(dh) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s return;
(3) If necessary and where possible requests for assistance shall include:
(a) the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(b) details a description of any particular procedure or requirement that the Requesting State wishes to be followed in executing the request;
(i) the requirements, if any, of special confidentiality and the reasons therefortherefore;
(j) the time limit within which the request is desired to be executed, and
(k) any other information deemed to be necessary for the proper carrying out of the request.
3. The request as well as any supporting documents shall be accompanied by a translation into the language of the Requested Party.
4) . If the Requested State Party considers that the information contained in the request is not sufficient two in accordance with this Treaty to enable the request to be executeddealt with, it that Party may request that additional informationinformation be furnished within a delay specified by the Requested Party.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 1 contract
Samples: Treaty
Contents of Requests. (1) In all cases . Requests for assistance under this agreement shall be made in writing. However, in urgent circumstances or where otherwise permitted by the Requested Party, requests may be made orally but shall be confirmed in writing immediately thereafter.
2. Requests for assistance shall indicateinclude a statement of:
(a) the name of the competent authority conducting the investigation or proceedings to which the request relates;
(b) the nature of matters, including the relevant facts and laws, to which the investigation or proceedings, and include a summary of the facts and a copy of the applicable lawsproceedings relate;
(c) the purpose of for which the request is made and the nature of the assistance sought;
(d) details of any particular procedure or requirement that the degree of confidentiality required and the reasons therefor; andRequesting Party wishes to be followed;
(e) any time limit within which compliance with the request should be executed.is desired;
(2f) In the following cases requests for assistance shall include:identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(ag) in the case of requests for the taking of evidence, evidence or search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the jurisdiction of the Requested StateParty;
(bh) in the case of requests to take evidence from a person, an indication a statement as to whether sworn or affirmed statements are required required, and a description of the subject matter of the evidence or statement sought;
(ci ) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting Stateexhibit, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(dj) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s ’s return;
(3) If necessary and where possible requests for assistance shall include:
(ak) the identityneed, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(b) details of any particular procedure or requirement that the Requesting State wishes to be followed if any, for confidentiality and the reasons thereforthereof; and
(l) in the case of requests for restraint or forfeiture of proceeds or instruments of crime, where possible:
1) a detailed description of the proceeds or instruments including their location;
2) a statement describing the basis for belief that the monies or property are the proceeds or instruments of crime; and
3) a statement describing the evidence that would be available for a proceeding in the Requested Party.
3. The Requested Party shall not refuse to execute the request solely because it does not include all of the information described under this article if it can otherwise be executed according to the law of the Requested Party.
4) . If the Requested State Party considers that the additional information is not sufficient two needed to enable the request to be executeddealt with, it that Party may request such additional information.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 1 contract
Samples: Mutual Legal Assistance Agreement
Contents of Requests. (1) In all cases . Requests for assistance under this Treaty shall be made in writing. However, in urgent circumstances, or where otherwise permitted by the Requested Contracting Party, requests may be made orally. If the request is not made in writing, it shall be confirmed in writing within thirty days thereafter unless the Central Authorities of the Contracting parties agree otherwise.
2. Requests for assistance shall indicateinclude a statement of :
(a) the name of the competent authority conducting the investigation or proceedings to which the request relates;
(b) the nature of matters, including the relevant facts and laws, to which the investigation or proceedings, and include a summary of the facts and a copy of the applicable lawsproceedings relates;
(c) the purpose of for which the request is made and the nature of the assistance sought;
(d) details of any particular procedure or requirement that the degree of confidentiality required and the reasons therefor; andRequesting Contracting Party wishes to be followed;
(e) any time limit within which compliance with the request should be executed.
(2) In the following cases requests for assistance shall include:
(a) in the case of requests for the taking of evidence, search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the Requested Stateis desired;
(b) in the case of requests to take evidence from a person, an indication as to whether sworn or affirmed statements are required and a description of the subject matter of the evidence or statement sought;
(c) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(d) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s return;
(3) If necessary and where possible requests for assistance shall include:
(af) the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(bg) details in the case of any particular procedure requests for the taking of evidence or requirement search and seizure, a statement indicating the basis for belief that evidence may be found in the Requesting State wishes jurisdiction of the Requested Contracting Party;
(h) in the case of requests to take evidence from a person, a statement as to whether sworn or affirmed statements are required, and a description of the subject matter of the evidence or statement sought and if needed, a list of question which a person should be asked;
(i) in the case of lending of exhibits, person(s) who will have custody of the exhibit, the place to which the exhibit is to be followed removed and any tests to be conducted;
(j) in the case of making persons detained or in custody available, persons who will have custody during the transfer, the place to which such person is to be transferred and the date of that person’s return;
(k) the need, if any, for confidentiality and the reasons therefortherefore; and
(l) in the case of requests for restraint or forfeiture of proceeds or instruments of crime, where possible:
(i) a detailed description of the proceeds or instrument including their location;
(ii) a statement describing the basis for belief that the monies or property are the proceeds or instruments of crime; and
(iii) a statement describing the evidence that would be available for a proceeding in the Requested Contracting Party.
3. The Requested Contracting Party shall not refuse to execute the request solely because it does not include all of the information described under this Article if it can otherwise be executed according to the law of the Requested Contracting Party.
4) . If the Requested State Contracting Party considers that the additional information is not sufficient two needed to enable the request to be executeddealt with, it that Contracting party may request such additional information.
(5) Requests shall . All efforts will be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafterto give this information at the earliest.
Appears in 1 contract
Samples: Treaty on Mutual Legal Assistance in Criminal Matters
Contents of Requests. (1) In all cases . Requests for assistance under this Agreement shall be made in writing. However, in urgent circumstances, or where otherwise permitted by the Requested State, requests may be made orally but shall be confirmed in writing thereafter;
2. Requests for assistance shall indicatebe effected in accordance with the procedures provided for in the laws of the Requested State. The request shall be signed by a competent official under the seal of the Requesting State without a need for authentication.
3. Requests for assistance shall include a statement of :
(a) the name of the competent authority conducting the investigation or proceedings to which the request relates;
(b) the nature of matters, including the relevant facts and laws, to which the investigation or proceedings, and include a summary of the facts and a copy of the applicable lawsproceedings relates;
(c) the purpose of for which the request is made and the nature of the assistance sought;
(d) details of any particular procedure or requirement that the degree of confidentiality required and the reasons therefor; andRequesting State wishes to be followed;
(e) any time limit within which compliance with the request should be executed.is desired;
(2f) In the following cases requests for assistance shall include:identity, nationality and location of the person or persons who are the subject of investigation or proceedings;
(ag) in the case of requests for the taking of evidence, evidence or search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the jurisdiction of the Requested State;
(bh) in the case of requests to take evidence from a person, an indication a statement as to whether sworn or affirmed statements are required required, and a description of the subject matter of the evidence or statement sought;
(ci) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting Stateexhibits, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(dj) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s ’s return;
(3k) If necessary in the case of a Commission, the request for assistance shall be accompanied by an official copy of the records of the investigation conducted by the Requesting State, a detailed statement on the facts, the related evidence and where possible the applicable laws together with a statement on the measures and investigation required;
(l) the need, if any, for confidentiality and the reasons thereof.
4. In the case of requests for assistance shall includefor restraint or forfeiture of proceeds or instruments of crime, where possible:
(a) the identity, nationality and location a detailed description of the person or persons who are the subject of the investigation or proceedingsproceeds and instruments including their location;
(b) details of any particular procedure or requirement a statement describing the basis for belief that the Requesting State wishes to be followed and the reasons thereforproperty is a proceed or instrument of crime; and
(4c) a statement describing the evidence that would be available in or for proceedings in the Requested State.
5. The Requested State shall not refuse to execute the request solely because it does not include all the information described under this Article if it can otherwise be executed according to the law of the Requested State.
6. If the Requested State considers that the additional information is not sufficient two needed to enable the request to be executeddealt with, it that State may request such additional information.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 1 contract
Samples: Mutual Legal Assistance Agreement
Contents of Requests. (1) . In all cases cases, requests for assistance shall indicateinclude:
(a) the name of the competent authority conducting the investigation or proceedings to which the request relatesrelates and the authority making the request;
(b) the nature of the investigation or proceedings, and include a summary of the facts and a copy of the applicable laws;
(c) the purpose of for which the request is made and the nature of the assistance sought;
(dc) where possible, the degree identity, nationality and location of confidentiality required and the reasons thereforperson or persons who are the subject of the investigation or proceedings; and
(ed) any time limit within which except in cases of requests for service of documents, a description of the request should be executedacts or omissions alleged to constitute the offence and a statement of the relevant law and jurisdiction.
(2) . In the following cases addition, requests for assistance shall include:
(a) in the case of requests for service of documents, the taking name and address of evidence, search and seizure, or the location, restraint or forfeiture person to be served;
(b) in the case of proceeds of crimerequests for compulsory measures, a statement indicating the basis reasons for belief which it is believed that evidence or proceeds may be found is located in the Requested StateParty, unless this appears from the request itself;
(bc) in the case of search and seizure, a declaration by a competent authority that seizure could be obtained by compulsory measures, if the property were situated in the Requesting Party;
(d) in the case of requests to take evidence from a person, an indication as to whether sworn or affirmed statements are required and a description of the subject matter about which the person is to be examined, including where possible, a list of the evidence or statement soughtquestions, and details of any right of that person to decline to give evidence;
(c) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(de) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s 's return;
(3f) If necessary and where possible requests for assistance shall include:
(a) in the identitycase of lending of exhibits, nationality and location of the person or class of persons who are the subject will have custody of the investigation or proceedingsexhibit, the place to which the exhibit is to be removed and the date by which the exhibit will be returned;
(bg) details of any particular procedure or requirement that the Requesting State Party wishes to be followed followed, and the reasons therefortherefore;
(4h) If any requirements for confidentiality.
3. Additional information shall be furnished if it appears necessary to the Requested State considers that Party for the information is not sufficient two enable execution of the request to be executed, it may request additional informationrequest.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 1 contract
Samples: Treaty
Contents of Requests. (1) In all cases . Requests for assistance under this agreement shall be made in writing. However, in urgent circumstances, or where otherwise permitted by the Requested Party, requests may be made orally but shall be confirmed in writing immediately thereafter.
2. Requests for assistance shall indicateinclude a statement of:
(a) the name of the competent authority conducting the investigation or proceedings to which the request relates;
(b) the nature of matters, including the relevant facts and laws, to which the investigation or proceedings, and include a summary of the facts and a copy of the applicable lawsproceedings relate;
(c) the purpose of for which the request is made and the nature of the assistance sought;
(d) details of any particular procedure or requirement that the degree of confidentiality required and the reasons therefor; andRequesting Party wishes to be followed;
(e) any time limit within which compliance with the request should be executed.is desired;
(2f) In the following cases requests for assistance shall include:identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(ag) in the case of requests for the taking of evidence, evidence or search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the jurisdiction of the Requested State;
(bh) in the case of requests to take evidence from a person, an indication a statement as to whether sworn or affirmed statements are required required, and a description of the subject matter of the evidence or statement sought;
(ci) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting Stateexhibit, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(dj) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s ’s return;
(3) If necessary and where possible requests for assistance shall include:
(ak) the identityneed, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(b) details of any particular procedure or requirement that the Requesting State wishes to be followed if any, for confidentiality and the reasons therefor; and
(l) in the case of requests for restraint or forfeiture of proceeds or instruments of crime, where possible;
(I) a detailed description of the proceeds or instruments including their location;
(II) a statement describing the basis for belief that the moneys or property are the proceeds or instruments of crime; and
(III) a statement describing the evidence that would be available for a proceeding in the Requested State.
3. The Requested State shall not refuse to execute the request solely because it does not include all of the information described under this article if it can otherwise be executed according to the law of the Requested State.
4) . If the Requested State Party considers that the additional information is not sufficient two needed to enable the request to be executeddealt with, it that Party may request such additional information.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 1 contract
Samples: Mutual Legal Assistance Agreement
Contents of Requests. (1) In all cases requests for assistance shall indicate:
(a) the competent authority conducting the investigation or proceedings to which the request relates;
(b) the nature of the investigation or proceedings, and include a summary of the facts and a copy of the applicable laws;
(c) specify the purpose of the request and the nature of the assistance sought;
(b) identify the person, agency or authority that initiated the request;
(c) include a description of the nature of the criminal matter, including a summary of the relevant facts and laws and applicable penalties;
(d) include a statement indicating the degree current status of confidentiality required and the reasons thereforinvestigation or proceeding; and
(e) include a statement specifying any time limit frame within which compliance with the request should be executedis desired.
(2) In the following cases requests . Requests for assistance assistance, where relevant and so far as possible, shall include:
(a) in the case of requests for the taking of evidence, search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the Requested State;
(b) in the case of requests to take evidence from a person, an indication as to whether sworn or affirmed statements are required and a description of the subject matter of the evidence or statement sought;
(c) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(d) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s return;
(3) If necessary and where possible requests for assistance shall also include:
(a) the identity, nationality and location of the person or persons who are the subject of of, or who may have information relevant to, the investigation or proceedingscriminal matter;
(b) details where the request is for assistance under Article 10,
(i) a description of the matters about which persons are to be examined including, where appropriate, any particular procedure or requirement questions that the Requesting State Party wishes to be put to those persons; and
(ii) a description of any documents, records or articles of evidence to be produced and, where relevant, a description of the appropriate person to be asked to produce them;
(c) where the request is for assistance under Article 11 or 12, information about the allowances and expenses to which a person traveling to the Requesting Party would be entitled;
(d) where the request is for assistance under Article 15 or 16, a description of the material sought and, where relevant, its likely location;
(e) where the request is for assistance under Article 16,
(i) a statement outlining the basis of the Requesting Party's belief that proceeds of crime may be located in its jurisdiction, and
(ii) the court order, if any, sought to be enforced and a statement about the status of that order;
(f) where the request is for assistance that may lead to or result in the discovery or recovery of proceeds of crime, a statement as to whether a special arrangement under paragraph 5 of Article 16 is sought;
(g) a statement outlining any particular requirement or procedure that the Requesting Party may have, or wish to be followed in giving effect to the request, including details of the manner or form in which any information, evidence, document or item is to be supplied;
(h) a statement setting out the wishes, if any, of the Requesting Party concerning the confidentiality of the request, and the reasons thereforfor those wishes;
(i) where an official of the Requesting Party intends traveling to the Requested Party in connection with the request, information about the purpose of that person's visit, the proposed time frame and travel arrangements; and
(j) any other supporting information, evidence or documents that is necessary to enable, or may assist, the Requested Party to give effect to the request.
3. A request, any supporting documentation and any communications made pursuant to this Treaty, shall be in the language of the Requesting Party and be accompanied by a translation into the language of the Requested Party or in the English language.
4) . If the Requested State Party considers that the information contained in a request is not sufficient two to enable the request to be executeddealt with in accordance with this Treaty, it may request additional information.
(5) Requests . A request shall be made in writingwriting except that the Requested Party may accept a request in another form in urgent situations. In urgent circumstancesany such situation, a the request may be made orally but shall be confirmed in writing promptly thereafterwithin twenty (20) days unless the Requested Party agrees otherwise.
Appears in 1 contract
Samples: Mutual Legal Assistance Treaty
Contents of Requests. (1) In all cases requests . Requests for assistance shall indicateinclude:
(a) the purpose of the request and a description of the assistance sought;
(b) the name of the competent authority conducting the investigation or proceedings to which the request relates;
(bc) a description of the nature of the investigation investigation, prosecution or proceedings, and include a summary of the facts and a copy of the applicable laws;
(c) the purpose of the request and the nature of the assistance sought;
(d) the degree of confidentiality required and the reasons therefor; andtherefore;
(e) any time limit within which the request should be executed;
(f) details of any particular procedure or requirement that the Requesting State wishes to be followed, including a statement as to whether sworn or affirmed evidence or statements are required and a description of the subject matter of the evidence or statements sought; and
(g) the court order, if any, sought to be enforced and a statement to the effect that it is a final order.
(2) In . Requests for assistance, to the following cases requests for assistance extent necessary and insofar as possible, shall also include:;
(a) the identity, nationality and location of the person or persons who are the subject of, or who may have information relevant to, the investigation, prosecution or other proceeding;
(b) in the case of requests for the taking of evidence, search and seizure, or the location, restraint or forfeiture of proceeds or instruments of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the Requested State;
(b) in the case of requests to take evidence from a person, an indication as to whether sworn or affirmed statements are required and a description of the subject matter of the evidence or statement sought;
(c) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(d) information as to the allowances and expenses to which a person appearing in the Requesting State will be entitled;
(e) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the probable date of that person=s ’s return;; and
(3f) If necessary in the case of requests in respect of proceeds of crime or search and where possible requests for assistance shall include:
(a) seizure, a statement describing the identity, nationality and location basis of belief that the person money or persons who property are the subject proceeds of the investigation crime or proceedings;are liable for search and seizure.
(b) details of any particular procedure or requirement that the Requesting State wishes to be followed and the reasons therefor
(4) 3. If the Requested State considers that the information is not sufficient two to enable the request to be executed, it may request additional informationinformation to enable the request to be dealt with.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 1 contract
Samples: Treaty on Mutual Legal Assistance in Criminal Matters
Contents of Requests. (1) . In all cases cases, requests for assistance shall indicateinclude:
(a) a. the name of the competent authority conducting the investigation or proceedings to which the request relatesrelates and the authority making the request;
(b) the nature of the investigation or proceedings, and include a summary of the facts and a copy of the applicable laws;
(c) b. the purpose of for which the request is made and the nature of the assistance sought;
(d) c. where possible, the degree identity, nationality and location of confidentiality required and the reasons thereforperson or persons who are the subject of the investigation or proceedings; and
(e) any time limit within which d. except in cases of requests for service of documents, a description of the request should be executedacts or omissions alleged to constitute the offence and a statement of the relevant law and jurisdiction.
(2) . In the following cases addition, requests for assistance shall include:
(a) a. in the case of requests for service of documents, the taking name and address of evidence, search and seizure, or the location, restraint or forfeiture person to be served;
b. in the case of proceeds of crimerequests for compulsory measures, a statement indicating the basis reasons for belief which it is believed that evidence or proceeds may be found is located in the Requested StateParty, unless this appears from the request itself;
(b) c. in the case of search and seizure, a declaration by a competent authority that seizure-could be obtained by compulsory measures, if the property were situated in the Requesting Party;
d. in the case of requests to take evidence from a person, an indication as to whether sworn or affirmed statements are required and a description of the subject matter of the evidence or statement sought;
(c) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of about which the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removedexamined, including where possible, a list of questions, and details of any tests right of that person to be conducted and the date by which the exhibit will be returneddecline to give evidence;
(d) e. in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s 's return;
(3) If necessary and where possible requests for assistance shall include:
(a) f. in the identitycase of lending of exhibits, nationality and location of the person or class of persons who are the subject will have custody of the investigation or proceedingsexhibit, the place to which the exhibit is to be removed and the date by which the exhibit will be returned;
(b) g. details of any particular procedure or requirement that the Requesting State Party wishes to be followed followed, and the reasons therefortherefore;
(4) If h. any requirements for confidentiality.
3. Additional information shall be furnished if it appears necessary to the Requested State considers that Party for the information is not sufficient two enable execution of the request to be executed, it may request additional informationrequest.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 1 contract
Samples: Treaty
Contents of Requests. (1) . In all cases requests for assistance shall indicate:
(a) 1. the competent authority conducting the investigation or proceedings to which the request relates;
(b) 2. the nature of the investigation or proceedings, and include a summary of the facts and a copy of the applicable laws;
(c) 3. the purpose of the request and the nature of the assistance sought;
(d) 4. the degree of confidentiality required and the reasons therefor; and
(e) 5. any time limit within which the request should be executed.
(2) . In the following cases requests for assistance shall include:
(a) 1. in the case of requests for the taking of evidence, search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the Requested State;
(b) 2. in the case of requests to take evidence from a person, an indication as to whether sworn or affirmed statements are required and a description of the subject matter of the evidence or statement sought;
(c) 3. in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(d) 4. in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person=s 's return;.
(3) . If necessary and where possible requests for assistance shall include:
(a) 1. the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(b) 2. details of any particular procedure or requirement that the Requesting State wishes to be followed and the reasons therefor.
(4) . If the Requested State considers that the information is not sufficient two to enable the request to be executed, it may request additional information.
(5) . Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Appears in 1 contract
Samples: Treaty