Exceptions to the obligation to provide assistance. 1. The Parties may refuse to give assistance as provided for in this Chapter, where such assistance would: (a) be likely to prejudice their sovereignty, public policy, security, or other essential interests; (b) involve currency or tax regulations other than customs legislation; or (c) violate an industrial, commercial, or professional secret.
2. Where the applicant authority requests assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.
3. If assistance is refused, the decision and the reasons therefor shall be notified to the applicant authority without delay.
Exceptions to the obligation to provide assistance. 1. Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where one Party is of the opinion that assistance under this Protocol would:
(a) be likely to prejudice the sovereignty of Ghana or that of a Member State of the European Community which has been requested to provide assistance under this Protocol; or
(b) be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10(2); or
(c) violate an industrial, commercial or professional secret.
2. Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.
3. Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.
4. For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons thereof must be communicated to the applicant authority without delay.
Exceptions to the obligation to provide assistance. 1. The Parties may refuse to give assistance as provided for in this Protocol, where to do so would:
(a) be likely to prejudice the sovereignty of the Republic of Azerbaijan or that of a Member State which has been asked for assistance under this Protocol; or
(b) be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10(2); or
(c) involve currency or tax regulations other than customs duties legislation; or
(d) violate an industrial, commercial or professional secret.
2. Where the applicant authority asks for assistance which it would itself be unable to provide if so asked, it shall draw attention to that fact in its request. It shall then be left to the requested authority to decide how to respond to such a request.
3. If assistance is refused, the decision and the reasons therefore must be notified to the applicant authority without delay.
Exceptions to the obligation to provide assistance. 1. Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party or the EAC Partner States as the case may be concerned is of the opinion that assistance under this Protocol would:
(a) be likely to prejudice the sovereignty of a EAC State or that of a Member State of the European Community which has been requested to provide assistance under this Protocol; or
(b) be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10(2); or
(c) violate an industrial, commercial or professional secret.
2. Assistance may be postponed by the Requested Authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the Requested Authority shall consult with the Applicant Authority to determine if assistance can be given subject to such terms or conditions as the Requested Authority may require.
3. Where the Applicant Authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the Requested Authority to decide how to respond to such a request.
4. For the cases referred to in paragraphs 1 and 2, the decision of the Requested Authority and the reasons must be communicated to the Applicant Authority without delay.
Exceptions to the obligation to provide assistance. 1. Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Section would: (a) be likely to prejudice the sovereignty of a Party which has been requested to provide assistance under this Section; (b) be likely to prejudice public policy, security, or other essential interests, in particular in the cases referred to under Article 4.16.2; (c) violate an industrial, commercial, or professional secret; or (d) be unconstitutional or contrary to its law, rules, or other legal instruments. 2. Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution, or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.
3. Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.
4. For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons thereof must be communicated to the applicant authority without delay.
Exceptions to the obligation to provide assistance. 1. The Contracting Parties may refuse to give assistance as provided for in this Protocol, where to do so would:
(a) be likely to prejudice the sovereignty of the Swiss Confederation or that of a Member State of the Community which has been asked to provide assistance pursuant to this Protocol; or
(b) be likely to prejudice public policy, their security or other essential interests, in particular in the cases referred to within the meaning of Article 10 (2); or
(c) involve tax or currency regulations other than customs legislation; or
(d) involve the violation of an industrial, commercial or professional secret.
2. Where the applicant authority requests assistance which it would itself be unable to provide if so asked, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.
3. If assistance is refused, the decision and the reasons therefor must be notified to the application authority without delay.
Exceptions to the obligation to provide assistance. 1. The Contracting Parties may refuse to give assist- ance provided for under this Agreement, where to do so would:
(a) be likely to prejudice the sovereignty of Chile or of a Member State of the Community,
(b) be likely to prejudice public policy and security or other essential interests, in particular the cases referred to in Article 5(2), or
(c) be likely to breach an industrial, commercial or professional secret.
2. If one Contracting Party requests assistance which it could not supply itself entirely or partially on a similar request, it shall state this situation in its request. The other Contracting Party shall then decide in what form it can comply with the request.
3. If assistance is refused, the decision and its explan- atory reasons shall be notified without delay to the other Contracting Party.
Exceptions to the obligation to provide assistance. Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party or the SADC EPA States concerned, as the case may be, is of the opinion that assistance under this Protocol would:
Exceptions to the obligation to provide assistance. The Contracting Parties may refuse to give assistance as provided for in this Protocol, where to do so would:
Exceptions to the obligation to provide assistance. 1. The Parties may refuse to give assistance as provided for in this Protocol, where to do so would:
(a) be likely to prejudice the sovereignty of the Republic of Tajikistan or that of a Member State which has been asked to provide assistance under this Protocol; or
(b) be likely to prejudice public policy, security or other essen- tial interests, in particular in the cases referred to under Article 10(2); or
(c) breach an industrial, commercial or professional secret.
2. Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investiga- tion, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to deter- mine if assistance can be given subject to such terms or condi- tions as the requested authority may require.
3. Where the applicant authority requests assistance which it would itself be unable to provide if so asked, it shall draw attention to that fact in its request. It shall then be left to the requested authority to decide how to respond to such a request.
4. If assistance is refused, the decision and the reasons there- fore must be notified to the applicant authority without delay.
