Common use of Refusal of Assistance Clause in Contracts

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 assistance, it shall promptly inform the Requesting Party of the grounds of refusal.

Refusal of Assistance. 1. Assistance shall be refused if: a. The (a) the request relates to the prosecution or punishment of a person for an offence for which it that is requested is regarded by the Requested State as: (i) an offence of a political nature. In the application character; or (ii) an offence under military law of the provisions of this Treaty Requested State which is not also an offence under 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 ordinary criminal law of the Supreme Council of the State of the United Arab Emirates or of a Member of such a person’s familyRequested State; ii. Terrorist offences; iii. Any other offence not considered as a political offence under any international treaty, convention or agreement to which (b) 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 offender has been finally convicted, ac- quitted, acquitted or pardoned or has served the sentence imposed in the Re- quested Party or any other partyimposed; d. Are (c) there are substantial grounds for believing that the request for assis- tance assistance has been made or for the purpose of investigating, prosecut- ing prosecuting or punishing a person on account of that person’s race, sex, religion, nationality or political opinions, opinions or that the request for assistance will result in that person being person’s position may be prejudiced for any of those these reasons;; or e. The provision (d) the Requested State is of the assistance opinion that the request, if granted, would impair the prejudice its sovereignty, security, public order national interest or other essential interests of the Requested Partyinterests. 2. The Requested Party Assistance may refuse assistance be refused if: a. The act (a) the request relates to the prosecution or omission punishment of a person for an offence where the acts or omissions alleged to constitute the that offence to which the request relates, would not, if they had taken place within the jurisdiction of the Requested PartyState, have consti- tuted constituted 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 (b) 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 PartyState permits refusal on jurisdictional grounds; (c) the request relates to the prosecution or punishment of a person for an offence which, had it been committed in the Requested State, could no longer be prosecuted by reason of lapse of time or any other reason; (d) provision of the assistance sought could prejudice an investigation or proceeding in the Requested State, prejudice the safety of any person or impose an excessive burden on the resources of that State; or (e) the request relates to the prosecution or punishment of a person for an offence in respect of which the death penalty may be imposed or executed. 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 to grant a request, request for assistance the Requested Party State shall consider whether assistance may be granted subject to certain conditions. 5such conditions as it deems necessary. If the Requesting Party State accepts assistance subject to the terms and conditions required under paragraph 4 of this Articleconditions, it shall com- ply comply with such terms and those conditions. 6. If the Requested Party refuses assistance, it shall promptly inform the Requesting Party of the grounds of refusal.

Refusal of Assistance. 1. Assistance shall be refused The Requested State may refuse the assistance if: a. The offence for which it is requested is an offence of a political nature. In (a) the application execution of the provisions request would impair its sovereignty, security, public order or other essential interests or prejudice the safety of this Treaty any person. (b) 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 execution of the Supreme Council request would be contrary to its domestic law; (c) if the request seeking restraint, forfeiture or confiscation, of proceeds or instruments of activity which, had it occurred within the jurisdiction of the State Requested State, would not have been an activity in respect of the United Arab Emirates or of which a Member of such a person’s familyconfiscation order could have been made; ii. Terrorist offences; iii. Any other offence not considered as a political offence under any international treaty, convention or agreement to which (d) 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 accused person has had been finally convictedacquitted or pardoned. (e) the offence is regarded by the Requested State as ex-facie being of a political nature, ac- quittedexcept serious offences against the life, pardoned the physical integrity or has served the sentence imposed in the Re- quested Party or any other partyfreedom of person; d. Are (f) there are substantial grounds for believing that the request for assis- tance assistance has been made or for the purpose of investigating, prosecut- ing or punishing prosecuting a person on account of that person’s race, sex, religion, nationality nationality, ethnic origin or political opinions, opinions or that the request for assistance will result in that person being person’s position may be prejudiced for any of those reasons; e. The provision (g) the request relates to an offence that is subject to investigation or prosecution in the Requested State or the prosecution of which in the Requesting State would be incompatible with the Requested State’s law on double jeopardy; (h) the assistance would impair the sovereignty, security, public order or essential interests of requested requires the Requested PartyState to carry out compulsory measures that would be inconsistent with its law and practice, had the offence been the subject of investigation or prosecution under its own jurisdiction; and (i) the act is an offence under military law, which is also not an offence under general criminal law. 2. The Requested Party may refuse assistance if: a. The act Assistance for banking or omission alleged to constitute financial transactions shall be in accordance with the offence to which the request relates, would not, if they had taken place within the jurisdiction national legislation of the Requested Party, have consti- tuted an offence; b. State. The request relates for legal assistance for the crime, including crime related to an offence, which is subject to inves- tigation or proceedingterrorism, or a final judgment has been ren- dered in respect of that offencetransnational organized crime under any International or Regional Convention to which both the Contracting States are parties, in shall not be refused. 3. The Requested State may postpone the requested Party un- der its own jurisdiction; c. The execution of the request if its immediate execution would be contrary to the na- tional law of interfere with an ongoing investigation or prosecution in 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 mattersState. 4. Before refusing or postponing the execution of a requestrequest for assistance, the Requested Party State shall consider whether assistance may be granted subject to certain such conditions as it deems necessary. If the Requesting State accepts assistance subject to these conditions, it shall comply with them. 5. If the Requesting Party accepts assistance subject to the terms and conditions required under paragraph 4 Reasons shall be given for refusal or postponement of this Article, it shall com- ply with such terms and conditionsmutual assistance. 6. If the Requested Party refuses assistance, it shall promptly inform the Requesting Party of the grounds of refusal.

Refusal of Assistance. 1. Assistance shall be refused if: a. The (a) the request relates to the investigation, prosecution or punishment of a person for an offence for that is regarded by the Requested Party as, or is by reason of the circumstances in which it is requested is alleged to have been committed or was committed, 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 familycharacter; ii. Terrorist offences; iii. Any other offence not considered as a political offence under any international treaty, convention or agreement to which (b) the Requested Party adhere; b. The request relates to an offence only under military law; c. The request relates to the investigation, prosecution or punishment of a person for an offence that had it occurred in the Requested Party, would have constituted an offence under the military law of the Requested Party but not also under the ordinary criminal law of the Requested Party; (c) the request relates to the investigation, prosecution or punishment of a person for an offence in respect of which the person person: (i) has been finally convicted, ac- quitted, acquitted or pardoned by a competent court or has served the sentence imposed other authority in the Re- quested Party Requesting Party; or (ii) has undergone the punishment provided by the laws of that Requesting Party, in respect of that offence or any other partyof another offence constituted by the same act or omission as the first-mentioned offence; d. Are (d) there are substantial grounds for believing that the request for assis- tance has been made or for the purpose of investigating, prosecut- ing prosecuting or punishing or otherwise causing prejudice to a person on account of that person’s race, sex, religion, nationality nationality, ethnic origin or political opinions, or ; (e) the Requested Party is of the opinion that the request for assistance will result in that person being prejudiced for any of those reasons; e. The provision of the assistance request, if granted, would impair the prejudice its sovereignty, security, national interest, public order or other essential interests of the Requested Party.; 2. The Requested Party may refuse assistance if: a. The (f) the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission alleged to constitute that, if it had occurred in the offence to which the request relatesRequested Party, would not, if they had taken place within not have constituted an offence against the jurisdiction laws of the Requested Party, have consti- tuted except that the Requested Party may provide assistance in the absence of dual criminality if permitted by its domestic laws; or (g) provision of the assistance sought could prejudice an offence;investigation, prosecution or proceedings related to a criminal matter in the Requested Party, unless the Parties agree otherwise. b. The 2. Assistance may be refused if: (a) the request relates to the prosecution or punishment of a person for an offence, which is subject to inves- tigation or proceeding, or a final judgment has been ren- dered extraterritorial offence under the laws of the Requesting Party and such extraterritorial offence would not be punishable under the laws of the Requested Party if it took place in respect of that offence, in similar circumstances outside the requested Party un- der its own jurisdictionRequested Party; c. The execution (b) provision of the request would be contrary to assistance sought could prejudice the na- tional law safety of any person, whether that person is within or outside the Requested Party; or (c) provision of the assistance sought could impose an excessive burden on the resources of the Requested Party. 3. For the purpose of paragraph 1(c)(i), assistance shall not be refused solely on the ground that the request relates to a criminal matter where a person has been convicted in the Requesting Party if the sentence has not been imposed. 4. Assistance may shall 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. 45. Before refusing to grant a request, request the Requested Party shall consider whether assistance may be granted subject to certain conditions. 5such conditions as it deems necessary. If the Requesting Party accepts assistance subject to the terms and conditions required under paragraph 4 of this Articlesuch conditions, it shall com- ply comply with such terms and those conditions. 6. If the Requested Party refuses assistance, it shall promptly inform the Requesting Party of the grounds of refusal.

Refusal of Assistance. 1. Assistance shall be refused if: a. The (a) the request relates to the investigation, prosecution or punishment of a person for an offence for that is regarded by the Requested Party as, or is by reason of the circumstances in which it is requested is alleged to have been committed or was committed, 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 familycharacter; ii. Terrorist offences; iii. Any other offence not considered as a political offence under any international treaty, convention or agreement to which (b) the Requested Party adhere; b. The request relates to an offence only under military law; c. The request relates to the investigation, prosecution or punishment of a person for an offence that had it occurred in the Requested Party, would have constituted an offence under the military law of the Requested Party but not also under the ordinary criminal law of the Requested Party; (c) the request relates to the investigation, prosecution or punishment of a person for an offence in respect of which the person person: (i) has been finally convicted, ac- quitted, acquitted or pardoned by a competent court or has served the sentence imposed other authority in the Re- quested Party Requesting Party; or (ii) has undergone the punishment provided by the laws of that Requesting Party, in respect of that offence or any other partyof another offence constituted by the same act or omission as the first-mentioned offence; d. Are (d) there are substantial grounds for believing that the request for assis- tance has been made or for the purpose of investigating, prosecut- ing prosecuting or punishing or otherwise causing prejudice to a person on account of (e) the Requested Party is of that person’s race, sex, religion, nationality or political opinions, or the opinion that the request for assistance will result in that person being prejudiced for any of those reasons; e. The provision of the assistance request, if granted, would impair the prejudice its sovereignty, security, national interest, public order or other essential interests of the Requested Party.; 2. The Requested Party may refuse assistance if: a. The (f) the request relates to the investigation, prosecution or punishment of a person in respect of an act or omission alleged to constitute that, if it had occurred in the offence to which the request relatesRequested Party, would not, if they had taken place within not have constituted an offence against the jurisdiction laws 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 except that offence, the Requested Party may provide assistance in the requested Party un- der absence of dual criminality if permitted by its own jurisdiction;domestic laws; or c. The execution (g) provision of the request would be contrary assistance sought could prejudice an investigation, prosecution or proceedings related to the na- tional law of a criminal matter in the Requested Party, unless the Parties agree otherwise. 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 assistance, it shall promptly inform the Requesting Party of the grounds of refusal.