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 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.