Refusal of Assistance. 1. Assistance shall be refused if:
a. The offence for which it is requested is an offence of a political nature. In the application of the provisions of this Treaty the following offences shall not be considered as political offences:
i. assault on the President or his Deputy or Head of Gov- ernment of either Party or any member of such a person’s family or any member of the Supreme Council of the State of the United Arab Emirates or of a Member of such a person’s family;
ii. Terrorist offences;
iii. Any other offence not considered as a political offence under any international treaty, convention or agreement to which the Requested Party adhere;
b. The request relates to an offence only under military law;
c. The request relates to the prosecution of a person for an offence in respect of which the person has been finally convicted, ac- quitted, pardoned or has served the sentence imposed in the Re- quested Party or any other party;
d. Are substantial grounds for believing that the request for assis- tance has been made or the purpose of investigating, prosecut- ing or punishing a person on account of that person’s race, sex, religion, nationality or political opinions, or that the request for assistance will result in that person being prejudiced for any of those reasons;
e. The provision of the assistance would impair the sovereignty, security, public order or essential interests of the Requested Party.
2. The Requested Party may refuse assistance if:
a. The act or omission alleged to constitute the offence to which the request relates, would not, if they had taken place within the jurisdiction of the Requested Party, have consti- tuted an offence;
b. The request relates to an offence, which is subject to inves- tigation or proceeding, or a final judgment has been ren- dered in respect of that offence, in the requested Party un- der its own jurisdiction;
c. The execution of the request would be contrary to the na- tional law of the Requested Party.
3. Assistance may not be refused solely on the ground of secrecy of banks and similar financial institutions or that the offence is also considered to involve fiscal matters.
4. Before refusing a request, the Requested Party shall consider whether assistance may be granted subject to certain conditions.
5. If the Requesting Party accepts assistance subject to the terms and conditions required under paragraph 4 of this Article, it shall com- ply with such terms and conditions.
6. If the Requested Party refuses ...
Refusal of Assistance. 1. If a competent authority is of the opinion that a request for co-operation or assistance under this Agreement would:-
(i) impair its state’s sovereignty, security or other essential interests, or
(ii) be contrary to national law, or
(iii) impose an excessive burden, that authority may refuse to fulfil the request or may fulfil the request subject to certain conditions.
2. If assistance is withheld or denied, the decision and the reasons therefore must be notified to the applicant authority without delay.
3. 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.
Refusal of Assistance. 1. The Requested Party may refuse the assistance if:
a) the execution of the request would impair its sovereignty, security, public order or other essential interests;
b) the execution of the request would be contrary to the domestic law of the Requested Party;
c) the request seeking restraint, forfeiture or confiscation of proceeds or instruments of crime which had it occurred within the jurisdiction of the Requested Party, would not have been a crime in respect of which a confiscation order could have been made;
d) the request relates to an offence in respect of which the accused person had been finally acquitted or pardoned.
2. Before refusing to grant a request for assistance, the Requested Party shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting Party accepts assistance subject to conditions, it shall comply with them.
Refusal of Assistance. (1) Assistance contemplated in this Agreement may be refused wholly or partially if the requested competent authority deems the execution of the request to be detrimental to the sovereignty, se- curity, public order or other essential interests of its State, or deems it to be in conflict with its domestic law or international obligations.
(2) Assistance may also be refused if execution of the request imposes an excessive burden on the resources of the requested competent authority.
(3) If possible, the requested competent authority shall, before taking a decision to refuse the assis- tance requested in accordance with subArticle (1), consult with the requesting competent author- ity in order to establish whether the assistance may be granted on the conditions which the re- quested competent authority may impose. If the requesting competent authority agrees to receive Assistance under the suggested conditions, it shall comply with these conditions.
(4) The requesting competent authority shall be notified in writing about full or partial refusal to execute the request together with an explanation of the reasons for such refusal.
Refusal of Assistance. 1) If a competent authority is of the opinion that a request for co-operation or assistance under this Agreement would:
(i) impair its state’s sovereignty, security or other essential interests, or
(ii) be contrary to national law, or
(iii) impose an excessive burden, or
(iv) interfere with an ongoing investigation or legal proceedings that authority may refuse to fulfil the request or may fulfil the request subject to certain conditions.
2) If assistance, co-operation or information exchange are withheld or denied, the decision and the reasons therefore must be notified to the applicant authority without delay.
3) 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 left to the requested authority to decide if and how to respond to such a request.
Refusal of Assistance. (1) Assistance may be refused, in whole or in part, if:
a) the Requested Party is of the opinion that the request, if granted, would seriously impair its sovereignty, security, national interest or other essential interest; or
b) provision of the assistance sought could prejudice an investigation or proceedings in the territory of the Requested Party, prejudice the safety of any person or impose an excessive burden on the resources of that Party; or
c) the action sought is contrary to fundamental principles of the law of the Requested Party; or
d) the request concerns restraint or confiscation of proceeds or instruments of conduct which, had it occurred within the jurisdiction of the Requested Party, would not have been conduct in respect of which a confiscation order could be made; or
e) where relevant, the request relates to an offence in respect of which the person has been finally acquitted, pardoned, or made subject to an amnesty; or
f) the request relates to a confiscation order which has been satisfied.
(2) Before refusing to grant a request for assistance, the Requested Party shall consider whether assistance may he granted subject to such conditions as it deems necessary. If the Requesting Party accepts assistance subject to conditions, it shall comply with them.
Refusal of Assistance. (a) the request relates to an offence that is regarded by the Requested Party as an offence of a political character or an offence only under military law,
(b) the request relates to the prosecution of a person for an offence in respect of which the person has been finally acquitted or pardoned or has served the sentence imposed in the Requested Party;
(c) there are substantial grounds for believing that the request for assistance has been made for the purpose of persecuting or punishing a person on account of that person’s race, sex, religion, nationality or political opinions, or that the request for assistance will result in that person being prejudiced for any of those reasons;
(d) the request, if granted, would seriously impair the Requested Party’s sovereignty, security or essential interests, considerations of which may include the safety of any persons and the burden on the resources of the Requested Party; or
(e) the request relates to the prosecution or punishment of a person for conduct that would not, if it had taken place within the jurisdiction of the Requested Party, have constituted an offence.
Refusal of Assistance. 1. Assistance may be refused if:
(a) the request relates to the investigation or proceeding of a person for an offence that is regarded by requested Party as an offence of a political character or a military offence as created by the national law of that Party;
(b) there are substantial grounds for believing that the request for assistance has been [made] merely for the purpose of prosecuting or punishing that person on account of that person’s race, sex, religion, nationality or political opinions[,] or that person’s positions may be prejudiced [for] any of these reason[s];
(c) the request[ed] Party is of the opinion that the request, if granted, would prejudice its sovereignty, security, national interest or other essential interest;
(d) provisions of the assistance sought could prejudice an[] investigation or proceeding in the requested Party, prejudice the safety of any person or implies an excessive burden on the resources of that Party; or
(e) such assistance would violate the fundamental principles of the national law of the requested Party.
2. Before refusing to grant a request for assistance the requested Party shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the requesting Party accepts assistance subject to conditions[,] it shall comply with those conditions.
3. The requested Party shall inform in due course the requesting Party of the decision of refusal of the execution of the request and give reasons for it.
Refusal of Assistance. 1. If a competent authority is of the opinion that a request for co-operation or assistance under this Agreement would:-
(i) impair its state’s sovereignty, security or other essential interests, or
(ii) be contrary to its national law, or
Refusal of Assistance. 1. The Requested Contracting Party may refuse the assistance if:
(a) the execution of the request would impair its sovereignty, security, public order or other essential interests, or prejudice the safety of any person;
(b) the execution of the request would be contrary to the domestic law of the Requested Contracting Party;
(c) if the request seeking restraint, forfeiture or confiscation, of proceeds or instruments of commission of offence which, had it occurred within the jurisdiction of the Requested Contracting Party, would not have been an offence in respect of which a confiscation order could have been made;
(d) the request relates to an offence in respect of which the accused person had been prosecuted and finally convicted or acquitted or pardoned.
2. Before refusing to grant a request for assistance, the Requested Contracting Party shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting Contracting Party accepts assistance subject to conditions, it shall comply with them.
