Common use of Execution of requests Clause in Contracts

Execution of requests. 1. The requested State shall promptly execute a request in accordance with the relevant provisions of this Agreement. The competent authorities of the requested State shall take every possible measure in their power to ensure the execution of a request. 2. A request shall be executed by using measures that are in accordance with the laws of the requested State. The particular manner or procedure described in the request referred to in paragraph 4(g) or paragraph 5(a) of Article 8 shall be followed to the extent that it is not contrary to the laws of the requested State, and where it is practically possible. In case the execution of the request in the manner or procedure described in the request poses a practical problem for the requested State, the requested State shall consult with the requesting State in order to solve the practical problem. 3. If the execution of a request is deemed to interfere with an ongoing investigation, prosecution or other proceeding, including judicial proceeding, in the requested State, the requested State may postpone the execution. The requested State shall inform the requesting State of the reasons for the postponement and consult the further procedure. Instead of postponing the execution, the requested State may make the execution subject to conditions deemed necessary after consultations with the requesting State. If the requesting State accepts such conditions, the requesting State shall comply with them. 4. The requested State shall make its best efforts to keep confidential the fact that a request has been made, the contents of the request, the outcome of the execution of the request and other relevant information concerning the execution of the request if such confidentiality is requested by the requesting State. If a request cannot be executed without disclosure of such information, the requested State shall so inform the requesting State, which shall then determine whether the request should nevertheless be executed. 5. The requested State shall respond to reasonable inquiries by the requesting State concerning the status of the execution of a request. 6. The requested State shall promptly inform the requesting State of the result of the execution of a request, and shall provide the requesting State with the testimony, statements or items, obtained as a result of the execution, including any claim from a person from whom testimony, statements or items are sought regarding immunity, incapacity or privilege under the laws of the requesting State. The requested State shall provide originals or, if there are reasonable grounds, certified copies of records or documents. If a request cannot be executed in whole or in part, the requested State shall inform the requesting State of the reasons therefore.

Appears in 5 contracts

Samples: Agreement Between the European Union and Japan on Mutual Legal Assistance in Criminal Matters, Mutual Legal Assistance Agreement, Agreement Between the European Union and Japan on Mutual Legal Assistance in Criminal Matters

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Execution of requests. 22] 1. The requested Central Authority of the Requested State shall promptly execute a the request in accordance with or, when appropriate, shall transmit it to the relevant provisions of this Agreementauthority having jurisdiction to do so. The competent authorities of the requested Requested State shall take every possible measure do everything in their power to ensure execute the execution request. The Courts or other competent authorities of a request.the Requested State shall have authority to issue subpoenas, search warrants, or other orders necessary to execute the request.‌‌‌‌‌‌‌‌‌‌‌ 2. A The Central Authority of the Requested State shall represent or make arrangements for representation of the Requesting State in the execution in the Requested State of a request for assistance. 3. Requests shall be executed by using measures that are in accordance with the laws of the requested State. The particular manner or procedure described in the request referred to in paragraph 4(g) or paragraph 5(a) of Article 8 shall be followed Requested State except to the extent that this Treaty provides otherwise. However, the method of execution specified in the request shall be followed except insofar as it is not contrary to prohibited by the laws of the requested Requested State, and where it is practically possible. In case the execution of the request in the manner or procedure described in the request poses a practical problem for the requested State, the requested State shall consult with the requesting State in order to solve the practical problem. 34. If the Central Authority of the Requested State determines that execution of a request is deemed to would interfere with an ongoing criminal investigation, prosecution prosecution, or other proceeding, including judicial proceeding, proceeding in the requested that State, the requested State it may postpone the execution. The requested State shall inform the requesting State of the reasons for the postponement and consult the further procedure. Instead of postponing the execution, the requested State may or make the execution subject to conditions deemed determined [*23] to be necessary after consultations with the requesting Central Authority of the Requesting State. If the requesting Requesting State accepts such the assistance subject to the conditions, the requesting State it shall comply with themthe conditions. 45. The requested Requested State shall make use its best efforts to keep confidential the fact that a request has been made, the and its contents of the request, the outcome of the execution of the request and other relevant information concerning the execution of the request if such confidentiality is requested by the requesting Central Authority of the Requesting State. If a the request cannot be executed without disclosure of breaching such informationconfidentiality, the requested Central Authority of the Requested State shall so inform the requesting Central Authority of the Requesting State, which shall then determine whether the request should nevertheless be executed. 56. The requested Central Authority of the Requested State shall respond to reasonable inquiries requests by the requesting State concerning the status Central Authority of the Requesting State on progress toward execution of a the request. 67. The requested Central Authority of the Requested State shall promptly inform the requesting Central Authority of the Requesting State of the result outcome of the execution of a the request, and shall provide the requesting State with the testimony, statements or items, obtained as a result . If execution of the executionrequest is denied, including any claim from a person from whom testimonydelayed or postponed, statements or items are sought regarding immunity, incapacity or privilege under the laws Central Authority of the requesting State. The requested State shall provide originals or, if there are reasonable grounds, certified copies of records or documents. If a request cannot be executed in whole or in part, the requested Requested State shall inform the requesting Central Authority of the Requesting State of the reasons therefore.for the denial, delay or postponement. [*24]

Appears in 1 contract

Samples: Treaty

Execution of requests. 1. The requested State shall promptly execute a request in accordance with the relevant provisions of this Agreement. The competent authorities of the requested State shall take every possible measure mea- sure in their power to ensure the execution of a request. 2. A request shall be executed by using measures that are in accordance with the laws of the requested re- quested State. The particular manner or procedure described in the request referred to in paragraph 4(g) or paragraph 5(a) of Article 8 shall be followed follow- ed to the extent that it is not contrary to the laws of the requested State, and where it is practically possible. In case the execution of the request in the manner or procedure described in the request poses a practical problem for the requested State, the requested State shall consult with the requesting request- ing State in order to solve the practical problem. 3. If the execution of a request is deemed to interfere with an ongoing investigation, prosecution prosecu- tion or other proceeding, including judicial proceedingpro- ceeding, in the requested State, the requested State may postpone the execution. The requested State shall inform the requesting State of the reasons for the postponement and consult the further procedureproce- dure. Instead of postponing the execution, the requested re- quested State may make the execution subject to conditions deemed necessary after consultations with the requesting State. If the requesting State accepts such conditions, the requesting State shall comply with them. 4. The requested State shall make its best efforts to keep confidential the fact that a request has been made, the contents of the request, the outcome out- come of the execution of the request and other relevant information concerning the execution of the request if such confidentiality is requested by the requesting State. If a request cannot be executed execut- ed without disclosure of such information, the requested re- quested State shall so inform the requesting State, which shall then determine whether the request should nevertheless be executed. 5. The requested State shall respond to reasonable reason- able inquiries by the requesting State concerning the status of the execution of a request. 6. The requested State shall promptly inform the requesting State of the result of the execution of a request, and shall provide the requesting State with the testimony, statements or items, obtained as a result of the execution, including any claim from a person from whom testimony, statements or items are sought regarding immunity, incapacity incapac- ity or privilege under the laws of the requesting State. The requested State shall provide originals or, if there are reasonable grounds, certified copies of records or documents. If a request cannot be executed in whole or in part, the requested State shall inform the requesting State of the reasons therefore.

Appears in 1 contract

Samples: Mutual Legal Assistance Agreement

Execution of requests. 1. The requested Central Authority of the Requested State shall promptly execute a the request in accordance with or, when appropriate, shall transmit it to the relevant provisions of this Agreementauthority having jurisdiction to do so. The competent authorities of the requested Requested State shall take every possible measure do everything in their power to ensure execute the execution of a request. 2. A request Requests shall be executed by using measures that are in accordance with the laws of the requested State. The particular manner or procedure described in the request referred to in paragraph 4(g) or paragraph 5(a) of Article 8 shall be followed Requested State except to the extent that it is not contrary this Treaty provides otherwise. The courts of the Requested State shall have the authority to issue such orders to execute requests TIAS 12842 under this Treaty as are authorized under the laws of the requested State, Requested State with respect to proceedings in domestic investigations and where it is practically possibleprosecutions. In case the The preferred method of execution of the request in the manner or procedure described specified in the request poses a practical problem for shall be followed except insofar as it is prohibited under the requested laws of the Requested State, the requested State shall consult with the requesting State in order to solve the practical problem. 3. If the Central Authority of the Requested State determines that execution of a request is deemed to would interfere with an ongoing investigation, prosecution criminal investigation or other proceeding, including judicial proceeding, proceeding in the requested that State, jeopardize the requested State security of a person, or impose an extraordinary bur den on the resources of that State, it may postpone the execution. The requested State shall inform the requesting State of the reasons for the postponement and consult the further procedure. Instead of postponing the execution, the requested State may execution or make the execution subject to conditions deemed determined to be necessary after consultations consultation with the requesting Cen tral Authority of the Requesting State. If the requesting Requesting State accepts such the assist ance subject to the conditions, the requesting State it shall comply with themthe conditions. 4. The requested Requested State shall make use its best efforts to keep confidential the fact that a request has been made, the and its contents of the request, the outcome of the execution of the request and other relevant information concerning the execution of the request if such confidentiality is requested by the requesting Central Authority of the Requesting State. If a the request cannot be executed without disclosure of breaching such informationconfidentiality, the requested Central Authority of the Requested State shall so inform the requesting Central Authority of the Requesting State, which shall then determine deter mine whether the request should nevertheless be executed. 5. The requested State shall respond to reasonable inquiries by the requesting State concerning the status Central Authority of the Requested State may permit the presence during execution of a request of persons specified in the request. 6. The requested State shall promptly inform the requesting State of the result of the execution of a request, and shall provide the requesting State with the testimony, statements or items, obtained as a result of the execution, including any claim from a person from whom testimony, statements or items are sought regarding immunity, incapacity or privilege under the laws of the requesting State. The requested State shall provide originals or, if there are reasonable grounds, certified copies of records or documents. If a request cannot be executed in whole or in part, the requested State shall inform the requesting State of the reasons therefore.

Appears in 1 contract

Samples: Mutual Legal Assistance Treaty

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Execution of requests. 1. The requested Central Authority of the Requested State shall promptly execute a the request in accordance with or, when appropriate, shall transmit it to the relevant provisions of this Agreementauthority having jurisdiction to do so. The competent authorities of the requested Requested State shall take every possible measure do everything in their power to ensure execute the execution request. The Courts of a the Requested State shall have authority to issue subpoenas, search warrants, or other orders necessary to execute the request. 2. A The Central Authority of the Requested State shall make all necessary arrangements for the representation in the Requested State of the a Requesting State in any proceedings arising out of a request for assistance. 3. Requests shall be executed by using measures that are in accordance with the laws of the requested State. The particular manner or procedure described in the request referred to in paragraph 4(g) or paragraph 5(a) of Article 8 shall be followed Requested State except to the extent that this Treaty provides otherwise. The method of execution specified in the request shall be followed except insofar as it is not contrary to prohibited by the laws of the requested Requested State, and where it is practically possible. 4. In case the execution of the request in the manner or procedure described in the request poses a practical problem for the requested State, the requested The Requested State shall consult with the requesting State in order to solve the practical problem. 3. If the not decline execution of a request is deemed to on the ground of bank secrecy. 5. If the Central Authority of the Requested State determines that execution of a request would interfere with an ongoing criminal investigation, prosecution prosecution, or other proceeding, including judicial proceeding, proceeding in the requested that State, the requested State it may postpone the execution. The requested State shall inform the requesting State of the reasons for the postponement and consult the further procedure. Instead of postponing the execution, the requested State may or make the execution subject to conditions deemed determined necessary after consultations with the requesting Central Authority of the Requesting State. If the requesting Requesting State accepts such the assistance subject to the conditions, the requesting State it shall comply with themthe conditions. 46. The requested Requested State shall make use its best efforts to keep confidential the fact that a request has been made, the and it contents of the request, the outcome of the execution of the request and other relevant information concerning the execution of the request if such confidentiality is requested by the requesting Central authority of the Requesting State. If a the request cannot be executed without disclosure of breaching such informationconfidentiality, the requested Central Authority of the Requested State shall so inform the requesting State, Central Authority of Requesting State which shall then determine whether the request should nevertheless be executed. 57. The requested Central Authority of the Requested State shall respond to reasonable inquiries by the requesting State concerning the status Central Authority of the Requesting State on progress toward execution of a the request. 68. The requested Central Authority of the Requested State shall promptly inform the requesting Central Authority of the Requesting State of the result outcome of the execution of a the request, and shall provide the requesting State with the testimony, statements or items, obtained as a result . If execution of the executionrequest is denied, including any claim from a person from whom testimonydelayed, statements or items are sought regarding immunity, incapacity or privilege under postponed the laws Central Authority of the requesting State. The requested State shall provide originals or, if there are reasonable grounds, certified copies of records or documents. If a request cannot be executed in whole or in part, the requested Requested State shall inform the Central authority of the requesting State of the reasons thereforefor the denial delay or postponement.

Appears in 1 contract

Samples: Mutual Legal Assistance Treaty

Execution of requests. 1. The Central Authority of the requested State state shall promptly execute a the request in accordance with or, when appropriate, shall transmit it to the relevant provisions of this Agreementauthority having jurisdiction to do so. The competent authorities of the requested State state shall take every possible measure do everything in their power to ensure execute the execution request. The courts of a the requested state shall have authority to issue subpoenas, search warrants or other orders necessary to execute the request. 2. A request Requests shall be executed by using measures that are in accordance with the laws of the requested State. The particular manner or procedure described in the request referred to in paragraph 4(g) or paragraph 5(a) of Article 8 shall be followed state except to the extent that it is not contrary to the laws of the requested State, and where it is practically possiblethis Treaty provides otherwise. In case the execution of the request in the manner or procedure described Procedures specified in the request poses a practical problem for shall be followed except to the extent that those procedures cannot lawfully be followed in the requested Statestate. Where neither the Treaty nor the request specifies a particular procedure, the requested State request shall consult be executed in accordance with the requesting State appropriate procedure under the laws applicable for criminal investigations or proceedings in order to solve the practical problemrequested state. 3. The Central Authority of the requested state shall represent the interests of the requesting Party or may, if requested to do so, make other arrangements for the representation of the requesting Party in the requested state in any proceedings arising out of a request for assistance. 4. The Central Authority of the requested state shall respond within a reasonable period to reasonable inquiries by the Central Authority of the requesting state concerning progress toward execution of the request. 5. If the Central Authority of the requested state determines that execution of a request is deemed to would interfere with an ongoing investigationinvestigation or proceeding pertaining to a criminal matter in that state, prosecution or other proceeding, including judicial proceeding, in the requested State, the requested State it may postpone the execution. The requested State shall inform the requesting State of the reasons for the postponement and consult the further procedure. Instead of postponing the execution, the requested State may or make the execution subject to conditions deemed determined necessary after consultations with the Central Authority of the requesting Statestate. If the requesting State Party accepts such the assistance subject to the conditions, the requesting State it shall comply with themthe conditions. 46. Where, in the opinion of the requested Party, the provision of assistance pursuant to a request is likely to create a significant safety risk in the requested state, the Parties shall consult on reasonable measures to address the safety concern. 7. The requested State shall make its best efforts to keep confidential the fact that a request has been made, the contents Central Authority of the request, requested state shall promptly inform the Central Authority of the requesting state of the outcome of the execution of the request and other relevant information concerning the request. If execution of the request if such confidentiality is requested by the requesting State. If a request cannot be executed without disclosure of such informationdenied, delayed or postponed, the Central Authority of the requested State state shall so inform the requesting State, which shall then determine whether the request should nevertheless be executed. 5. The requested State shall respond to reasonable inquiries by the requesting State concerning the status of the execution of a request. 6. The requested State shall promptly inform the requesting State of the result of the execution of a request, and shall provide the requesting State with the testimony, statements or items, obtained as a result of the execution, including any claim from a person from whom testimony, statements or items are sought regarding immunity, incapacity or privilege under the laws Central Authority of the requesting State. The requested State shall provide originals or, if there are reasonable grounds, certified copies of records or documents. If a request cannot be executed in whole or in part, the requested State shall inform the requesting State state of the reasons thereforefor the denial, delay or postponement.

Appears in 1 contract

Samples: Treaty

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