Common use of Exceptions to the obligation to provide assistance Clause in Contracts

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. Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where one a Pacific State or the EC Party is of the opinion that assistance under this Protocol would: (a) be likely to prejudice the sovereignty of Ghana a Pacific 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 thereof 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, requirements in cases where one a Party is of the opinion that assistance under this Protocol would: (a) be likely to prejudice the sovereignty of Ghana Côte d’Ivoire or that of a Member State of the European Community which whose assistance has been requested pursuant 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 be likely to disclose 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 therefore 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 one a 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 Union or that of Korea 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)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 therefore 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 one a Party is of the opinion that assistance under this Protocol Agreement would: (a) be likely to prejudice the sovereignty vital interests of Ghana Hong Kong, China or that those of a Member State of the European Community which has been requested to provide assistance under this ProtocolAgree- ment; or (b) be likely to prejudice public policyorder, security or other essential interestsprinciples, in particular in the cases those referred to under Article 10(217(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 therefor must be communicated to the applicant authority without undue 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, requirements in cases where one a Party is of the opinion that assistance under this Protocol would: (a) be likely to prejudice the sovereignty of Ghana Australia or that of a Member State of the European Community Union 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 in paragraph 5 of Article 10(2)12 of this Protocol; or (c) violate an industrial, commercial or professional secret. 2. Assistance may be postponed by the The requested authority may postpone the assistance on the ground grounds that it such assistance will interfere with an ongoing investigationinvestigations, prosecution prosecutions or proceedingproceedings. 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 In the cases referred to in paragraphs 1 and 2, the decision of the requested authority shall communicate its decision and the reasons thereof must be communicated therefor 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, requirements in cases where one a Party is of the opinion that assistance under this Protocol would: (a) be likely to prejudice the sovereignty of Ghana Indonesia or that of a Member State of the European Community Union 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 in paragraph 5 of Article 10(2)11 of this Protocol; or (c) violate an industrial, commercial or professional secret. 2. Assistance may be postponed by the The requested authority may postpone the assistance on the ground grounds that it such assistance will interfere with an ongoing investigationinvestigations, prosecution prosecutions or proceedingproceedings. 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 In the cases referred to in paragraphs 1 and 2, the decision of the requested authority shall communicate its decision and the reasons thereof must be communicated therefor 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 In cases where one Party is of the opinion that assistance under this Protocol would: (a) be likely to prejudice Title would infringe upon 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 or Canada or prejudice security, public policy, security policy or other essential interests, in particular in the cases interest (such as that referred to under in Article 10(216(4); or (c) violate an of a Contracting Party, or would involve a violation of industrial, commercial or professional secretsecrecy or would be inconsistent with its legislation, assistance may be refused or made subject to the fulfilment of certain conditions or requirements. 2. If the requesting authority would be unable to comply were a similar request to be made by the request authority, it shall draw attention to that fact in its request. Compliance with such a request shall be at the discretion of the requested authority. 3. Assistance may be postponed by the requested authority on the ground grounds that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant requesting authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require. 34. Where the applicant authority seeks assistance which it would itself be unable to provide if so requestedis denied or postponed, it shall draw attention to that fact in its request. It shall then be reasons 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 denial or postponement shall be communicated to the applicant authority given without delay.