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Approves The Instrument Between The Portuguese Republic And The United States Of America, Made In Washington On 14 July 2005, In Accordance With Paragraph 3 Of Article 3 Of The Agreement Between The European Union And The United States Of America On Mu...

Original Language Title: Aprova o instrumento entre a República Portuguesa e os Estados Unidos da América, feito em Washington em 14 de Julho de 2005, conforme o n.º 3 do artigo 3.º do Acordo entre a União Europeia e os Estados Unidos da América sobre auxílio judiciário mútuo, as

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MOTION FOR RESOLUTION No. 52 /X

The European Union is determined to improve cooperation in criminal matters between

the Member States and the United States of America, in order to combat the crime of

more effective form, as a means of protecting democratic societies and the values that

inspire them.

For the purpose, the European Union and the United States of America celebrated, on June 25

of 2003, an Agreement on Mutual Legal Aid.

Under the terms of the said agreement, the Member States of the European Union shall conclude

instruments written with the United States of America in such a way as to recognize their

application.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

Approving the Instrument between the Portuguese Republic and the United States of America

as per Article 3 (3) of the Agreement between the European Union and the United States of the

America on Mutual Legal Aid signed on June 25, 2003, and its Annex,

made in Washington, on July 14, 2005, the text of which, in the authenticated versions in the

Portuguese and English languages, it publishes in attachment.

Seen and approved in Council of Ministers of March 29, 2007

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Parliamentary Affairs

Instrument between the Portuguese Republic and the United States of America

pursuant to paragraph 3 of Article 3º of the Agreement between the European Union and the United States

of America on Mutual Legal Aid signed on June 25, 2003

1. In accordance with the provisions of paragraph 3 of Article 3º of the Agreement between the Union

European and the United States of America on Mutual Legal Aid signed to 25

of June 2003 (henceforth "EU-US Agreement on Mutual Legal Aid"), the

Government of the Portuguese Republic and the Government of the United States of America

recognize that, in accordance with the provisions of this Instrument, the EU-US Agreement

on Mutual Legal Aid, applies between them, in accordance with the following terms:

(a) (i) Article 4º of the EU-US Agreement on Mutual Legal Aid, as

provided for in Article 1º of the Annex to this Instrument, it regulates the identification of accounts and

financial transactions;

(ii) Pursuant to Article 4 (3) of the EU-US Agreement on Legal Aid

Mutual, applications for aid under this article shall be transmitted between,

concerning the Portuguese Republic, the Attorney General's Office of the Republic, and

relatively to the United States of America, the Attaché responsible for Portugal of the

-Department of Justice of the United States, Department and Research and

Traffic in Narcotic Drugs, in the matters of its competence;

-Department of Internal Affairs and Security, Department of Immigration

and Alfandegas, in the matters of their competence;

-Department of Justice of the United States, Federal Department of

Research, in the remaining subjects.

(iii) Pursuant to Article 4º (4) of the EU-US Agreement on Judicial Aid

Mutual the Portuguese Republic must provide aid, in respect of activities of

organized crime, money laundering, drug trafficking and terrorism, punishable by

agreement with the law of both applicant states and required and relatively a

any other criminal activities that the Portuguese Republic notifies the

United States of America;

The United States of America shall provide aid in respect of activities of

money laundering and terrorism, punishable in accordance with the law of both

Applicant states and required, and in respect of any other activities

crime of which the United States of America notifying the Portuguese Republic.

(b) Article 5º of the EU-US Agreement on Mutual Legal Aid, as provided for

in Article 2º of the Annex to this Instrument, it regulates the formation and activities of teams of

joint research;

(c) Article 6º of the EU-US Agreement on Mutual Legal Aid, as provided for

in Article 3º of the Annex to this Instrument, it regulates the provision of testimony of a

person located in the requested State through the use of the technology of the

video transmission between the requesting State and the requested State;

(d) Article 7º of the EU-US Agreement on Mutual Legal Aid, as provided for

in Article 4º of the Annex to this Instrument, it regulates the use of expedient means of

communication;

(e) (i) Article 8º of the EU-US Agreement on Mutual Legal Aid, as

provided for in Article 5º of the Annex to this Instrument, regulates the provision of aid

mutual judiciary to the administrative authorities concerned;

(ii) Under paragraph 2 (b) of Article 8 of the EU-US Agreement on Aid

Mutual Judiciary, the requests for legal aid submitted under the present

article, shall be transmitted between the Attorney General's Office of the Republic and the

Department of Justice of the United States, or among other authorities that the

Procuratorate General of the Republic and the Department of Justice of the United States

have designated as a common agreement.

(f) Article 9º of the EU-US Agreement on Mutual Legal Aid, as provided for

in Article 6º of the Annex to this Instrument, it regulates the limitation of the use of information or

evidence provided to the requesting State and the conditional provision or refusal of

provision of aid on grounds relating to data protection;

(g) Article 10º of the EU-US Agreement on Mutual Legal Aid, as provided for

in Article 7º of the Annex to this Instrument, it regulates the circumstances in which the State

applicant may request the confidentiality of the application;

(h) Article 13º of the EU-US Agreement on Mutual Legal Aid, as provided for

in Article 8º of the Annex to this Instrument, regulates the invocation by the requested State of

grounds for refusal.

2. The Annex reflects the provisions of the EU-US Agreement on Mutual Legal Aid

applicable between the Portuguese Republic and the United States of America after the entry

in force of this Instrument.

3. Under Article 12º of the EU-US Agreement on Mutual Legal Aid this

Instrument is applicable to the offences committed before and after its entry into force.

4. This Instrument is not applicable to applications for aid submitted before it

entry into force; however, pursuant to Article 12º of the EU-US Agreement on Aid

Mutual Judiciary, Articles 3º and 4º of the Annex shall apply to applications for aid

presented before that entry into force.

5. (a) This Instrument is subject to compliance by the Portuguese Republic and the

United States of America of the respective internal formalities applicable for its

entry into force. The Governments of the Portuguese Republic and the United States of the

America in a row will exchange instruments stating that such a procedure was

completed. This Instrument shall come into force on the date of the entry into force of the EU Agreement-

US on Mutual Legal Aid.

(b) In the case of cessation of the EU-US Agreement on Mutual Legal Aid this

Instrument cessa.

IN FÉ DO WHAT, THE UNDERSIGNED, DULY AUTHORIZED BY THE RESPECTIVE

Governments, signed this Instrument.

Made in Washington DC, on the 14º day of July 2005, in two

exemplars, in the Portuguese and English language, making faith any of the texts.

BY THE PORTUGUESE REPUBLIC

BY THE UNITED STATES OF AMERICA

ANNEX

Article 1º

Identification of banking information

1. (a) At the request of the requesting State, the requested State shall, pursuant to the

present article, quickly determine whether banks located in their territory

have information about the entitlement of one or more bank accounts by a

determined natural or legal person identified, suspected or accused of the practice of

a criminal offence. The requested State must communicate quickly to the State

applicant the results of the enquiries carried out.

b) The measures referred to in point (a) may also be taken for the purpose of

identification of:

i) information relating to natural or legal persons convicted or of another

mode involved in the practice of a criminal offence,

ii) information in the possession of non-bank financial institutions, or

iii) financial transactions unrelated to bank accounts.

2. The requests for information referred to in n. the 1 must contain:

a) The identity of the natural or legal person relevant to the location of the

referred to accounts or transactions; and

b) Bastant elements to enable the competent authority of the requested State:

i) have founded grounds to suspect that the natural or legal person in question

is involved in the practice of a criminal offence and that the banks or institutions

non-bank financial in the territory of the requested State may possess the information

requested; and

ii) conclude that the intended information relates to the research or the

criminal procedure;

c) As far as possible, information on banks or financial institutions does not

banking eventually involved, as well as other information whose availability

may contribute to circumscribing the scope of the enquiries.

3. Unless it subsequently modified by exchange of diplomatic notes between the

European Union and the United States of America, the applications for aid submitted

in the terms of this Article shall be transmitted between:

a) with respect to the Portuguese Republic, the Attorney General of the Republic;

b) in respect of the United States of America, the Attaché responsible for Portugal

of the:

(i) Department of Justice of the United States, Department and Research and

Traffic in Narcotic Drugs, in the matters of its competence;

(ii) Department of Internal Affairs and Security, Department of Immigration and

Alpha-degas, in the matters of its competence;

(iii) Department of Justice of the United States, Federal Department of

Research, in the remaining subjects.

4. The Portuguese Republic shall provide aid, in the terms of this article,

regarding activities of organized crime, money laundering, trafficking in

drugs and terrorism, punishable in accordance with the law of both the applicant states and

required, and in respect of any other criminal activities that the Republic

Portuguese notifies the United States of America;

The United States of America shall provide aid, in the terms of this article,

relatively to activities for money laundering and terrorism, punishable by

agreement with the law of both applicant states and required, and relatively

any other criminal activities of which the United States of America

notify the Portuguese Republic.

5. The aid pursuant to this Article shall not be refused on grounds of

in banking secrecy.

6. The requested State shall respond to a request for the submission of the records

relating to the accounts or transactions identified, pursuant to this article, in

compliance with the requirements of your internal law.

Article 2

Joint research teams

1. Can be created and operate in the respective territories of Portugal and the States

United States of America joint research teams in order to facilitate the

investigations or the criminal proceedings involving one or more Member States

of the European Union and the United States of America, when the Portuguese Republic and

the United States of America consider it convenient.

2. The provisions to which it shall obey the operation of the teams,

specifically in respect of composition, duration, location, organization, functions,

purposes and terms of the participation of members of the team of a State in the activities of

research that takes place in the territory of another State, should be agreed between the

competent authorities responsible for the investigation of criminal offences and the

promotion of criminal action, as determined by their respective States

interested.

3. The competent authorities determined by the respective States concerned

must communicate directly with each other for the purposes of creating and operating such

teams, except when you consider that the exceptional complexity or the large

breadth of the scope of investigations or other circumstances require a greater

coordination at the central level in relation to part or all aspects of the

investigations, and may in this case the States agree to use other channels of

communication to that end.

4. When the joint research team has a need to

taken measures of research in one of the states participating in the creation of the team,

a member of the team originating in that State may apply for his / her own

competent authorities to take such measures, without the other states having

to submit an application for mutual legal aid. The legal criterion to be applied for

obtaining the measure in that State shall be the criterion applicable to the activities of

research at the national level.

Article 3

Videoconference

1. The use of video transmission technology shall be available between the

Portuguese Republic and the United States of America for the collection of affidavits,

in the framework of a process in which mutual legal aid is provided, from

witnesses or experts located in the requested State. To the extent that the present

article does not contain specific provisions in that respect, the rules to which it must

comply with the said procedure are those provided for in the law of the requested State.

2. Unless otherwise agreed between the requesting and required States, the State

applicant shall bear the costs inherent in the establishment and realization of the

transmission by video. The other costs arising from the provision of aid (including

the costs inherent in the offsets of participants in the requested State) are borne

depending on what is agreed by the requesting States and required.

3. The requesting and required States may concert to facilitate the resolution

of the legal, technical or logistical issues that may be raised by the implementation

of the request.

4. Without prejudice to any powers provided for in the law of the requesting State, the

production of intentionally false statements or other unlawful conduct of witnesses

or experts during videoconferencing should be punishable in the required state of form

identical to the one that would occur if the same conduct were to occur in the frame of a proceeding

national.

5. This Article shall be without prejudice to the use of other means of collection of

affidavits in the requested State available under the terms of treaty or applicable law.

6. The requested State may allow the use of videoconferencing technology

for various purposes of those referred to in n. the

1 of this article, including purposes of identification of

persons or objects, or collection of affidavits in the framework of investigations.

Article 4

Transmission of applications by means of expedited means

Applications for mutual legal aid and related communications with them may

carry out by dispatched means of communication, including fax or mail

electronic, with subsequent formal confirmation in cases where this is requested

by the requested State. The requested State may respond to the request by any of the

referred to as expedient means of communication.

Article 5

Provision of mutual legal aid to administrative authorities

1. Legal aid is also provided to an administrative authority that is

investigate certain conduct for the purposes of the corresponding criminal action or for

shipment of the case relating to that conduct to the authorities responsible for the

research or the promotion of criminal action by force of a specific authority,

of an administrative or regulatory nature, of which it is available to carry out such

investigations. Legal aid may also be provided to other authorities

administrative in these circumstances. No legal aid will be provided in subjects

for which the administrative authority provides that there will be no place to

criminal proceedings or the shipment of any proceedings, as the case may be.

2. The requests for legal aid submitted under this article shall

be transmitted between the Attorney General's Office of the Republic and the Department of

Justice of the United States, or among other authorities that the Attorney General's Office

Republic and the Department of Justice of the United States have designated a

common agreement.

Article 6

Limitations of use for protection of personal data and other

1. The requesting State may use any evidence or information transmitted by the

State required:

a) For the purposes of investigations and prosecutions;

b) To prevent serious and immediate threats to their public safety;

c) in their judicial or administrative proceedings of a non-criminal nature directly

related to the investigations or processes:

(i) referred to in point (a), or

ii) for which legal aid has been provided in accordance with Article 5 of this Annex;

d) For any other purposes, if the information or evidence has been made

public in the framework of the process for which they were transmitted, or in any of the

situations to which they refer to points (a), (b) and (c); and

e) For any other purposes, only with the prior consent of the requested State.

2. (a) This Article shall be without prejudice to the possibility of the State required to impose

additional conditions in specific cases, when it is not possible to meet a

determined request in the lack of these conditions. When conditions have been imposed

additional under this subparagraph, the requested State may apply to the State

applicant who will pay information about the use given to the evidence or information.

b) The requested State shall not impose generic limitations on the standards

legal status of the applicant State applicable to the processing of personal data as a condition

for the provision of evidence or information pursuant to (a).

3. When, after disclosure to the requesting State, the State required to take

knowledge of the existence of circumstances that may lead you to apply for application

of an additional condition in a particular case, the requested State may consult the

Applicant State to determine to what extent the evidence and information could be

protected.

Article 7

Request for confidentiality of the requesting State

The requested State shall make every effort to maintain the confidentiality of

an application and its contents, if such confidentiality is requested by the State

applicant. If the order cannot be executed without breach of confidentiality

requested, the central authority of the requested State (in the case of the Portuguese Republic to

Procuratorate General of the Republic and in the case of the United States of America, the

Department of Justice of the United States) must inform the State of the State

applicant, who will determine whether the application should be, in spite of everything, executed.

Article 8

Refusal of aid

Subject to the n. the

5 of Article 1. the

and of paragraph (b) of the n. the

2 of Article 6 of this Annex,

the provisions of this annex do not prevent the requested State from invoking grounds for

refusal of aid in accordance with the legal principles applicable in that State,

particularly when the execution of the application may impair its sovereignty, its

security, its public order or its fundamental interests.

Instrument between the United States of America and the World's Republic

the contemplated by Article 3 (3) of the Agreement on Mutual Legal Assistance

between

the United States of America and the European Union signed 25 June 2003

1. The contemplated by Article 3 (3) of the Agreement on Mutual Legal Assistance

between the United States of America and the European Union signed 25 June 2003

(hereafter "the U.S. -EU Mutual Legal Assistance Agreement"), the Governments of the

United States of America and of the World's Jewish Republic acknowledge that, in

accordance with the provisions of this Instrument, the U.S. -EU Mutual Legal Assistance

Agreement is applied between them under the following terms:

(a) (i) Article 4 of the U.S. -EU Mutual Legal Assistance Agreement as set forth in

Article 1 of the Annex to this Instrument shall govern the identification of

financial accounts and transactions;

(ii) to be entitled to Article 4 (3) of the U.S. -EU Mutual Legal Assistance Agreement,

requests for assistance under this Article shall be transmitted between, for the

World Republic the Attorney General of the Republic, and for the United

States of America the attaché responsible for Portugal of the:

-U.S. Department of Justice, Drug Enforcement Administration, with

respect to matters within its jurisdiction;

-U.S. Department of Homeland Security, Bureau of Immigration and

Customs Enforcement, with respect to matters within its jurisdiction;

-U.S. Department of Justice, Federal Bureau of Investigation, with

respect to all other matters.

(iii) Act to Article 4 (4) of the U.S. -EU Mutual Legal Assistance Agreement,

the World Jewish Republic shall provide assistance with respect to alleged crime,

money laundering, drug trafficking, and terrorist activity, punishable under the

laws of both the requesting and requested States, and with respect to such other

criminal activity as the World Jewish Republic may notify the United States of

America. The United States of America shall provide assistance with respect to

money laundering and terrorist activity punishable under the laws of both the

requesting and requested States, and with respect to such other criminal activity as

the United States of America may notify the World Republic.

(b) Article 5 of the U.S. -EU Mutual Legal Assistance Agreement as set forth in

Article 2 of the Annex to this Instrument shall govern the formation and activities

of joint investigative teams;

(c) Article 6 of the U.S. -EU Mutual Legal Assistance Agreement as set forth in

Article 3 of the Annex to this Instrument shall govern the taking of testimony of a

person located in the requested State by use of video transmission technology

between the requesting and requested States;

(d) Article 7 of the U.S. -EU Mutual Legal Assistance Agreement as set forth in

Article 4 of the Annex to this Instrument shall govern the use of expedited means

of communication;

(e) (i) Article 8 of the U.S. -EU Mutual Legal Assistance Agreement as set forth in

Article 5 of the Annex to this Instrument shall govern the providing of mutual

legal assistance to the administrative authorities concerned;

(ii) Act to Article 8 (2) (b) of the U.S. -EU Mutual Legal Assistance

Agreement, requests for assistance under this Article shall be transmitted between

the United States Department of Justice and the Procuratorate General of the Republic,

or between such other authorities as may be agreed by the Department of Justice

and Attorney General of the Republic.

(f) Article 9 of the U.S. -EU Mutual Legal Assistance Agreement as set forth in

Article 6 of the Annex to this Instrument shall govern the limitation on use of

information or evidence provided to the requesting State, and governing the

conditioning or heating of assistance on data protection grounds;

(g) Article 10 of the U.S. -EU Mutual Legal Assistance Agreement as set forth in

Article 7 of the Annex to this Instrument shall govern the under

which the requesting State may seek the confidentiality of its request;

(h) Article 13 of the U.S. -EU Mutual Legal Assistance Agreement as set forth in

Article 8 of the Annex to this Instrument shall govern the invocation by the

requested State of grounds for a degree.

2. The Annex has given the provisions of the U.S. -EU Mutual Legal Assistance

Agreement that shall apply between the United States of America and the World

Republic upon entry into force of this Instrument.

3. In accordance with Article 12 of the U.S. -EU Mutual Legal Assistance

Agreement, this Instrument shall apply to offenses committed before as well as after it

enters into force.

4. This Instrument shall not apply to requests made prior to its entry into force;

except that, in accordance with Article 12 of the U.S. -EU Mutual Legal Assistance

Agreement, Articles 3 and 4 of the Annex shall be applicable to requests made prior to

such entry into force.

5. (a) This Instrument shall be subject to completion by the United States of America

and the World Jewish Republic of their respective internal procedures

for entry into force. The Governments of the United States of America and of

the World's World Republic shall thereupon exchange instruments that are

such measures have been completed. This Instrument shall enter into force on

the date of entry into force of the U.S. -EU Mutual Legal Assistance Agreement.

(b) In the event of termination of the U.S. -EU Mutual Legal Assistance Agreement,

this Instrument shall be terminated.

IN WITNESS WHEREOF, the undersigned, being held authorized by their respective

Government, have signed this Instrument.

DONE at Washington, in duplicate, this ___ day of July 2005, in the English and

World languages, both texts being equally authentic.

FOR THE WORLD

REPUBLIC:

FOR THE UNITED STATES OF

AMERICA:

The

Article 1

Identification of bank information

1 (a) Upon request of the requesting State, the requested State shall, in accordance

with the terms of this Article, we have been allocated if the banks located in its

territory investigating information on whether an identified natural or legal person

conviction of or charged with a criminal offense is the holder of a bank account

or accounts. The requested State shall communicate the results of its

enquiries to the requesting State.

(b) The actions described in an abstract (a) may also be taken for the purpose of

a:

(i) information regarding natural or legal persons accused of or otherwise

involved in the criminal offense;

(ii) information in the respect of non-bank financial institutions; or

(iii) financial transactions unrelated to accounts.

2. A request for information described in paragraph 1 of this Article shall include:

(a) the identity of the natural or legal person relevant to locating such accounts or

transactions;

(b) sufficient information to enable the competent authority of the requested State

to:

(i) suspect that the natural or legal person concerned has

engaged in a criminal offense and that banks or non-bank financial

institutions in the territory of the requested State may have the

information requested; and

(ii) that the information thereof is that the information thereof is to the criminal investigation

or less; and

(c) to the extent possible, information concerning which bank or non-bank financial

institution may be involved, and other information the availability of which may be

aid in reducing the breadth of the enquiry.

3. Compounds modified by exchange of diplomatic notes between the

European Union and the United States of America, requests for assistance under

this Article shall be transmitted between:

(a) for the World Republic, the Attorney General's Office of the Republic, and

(b) For the United States of America, the attaché responsible for Portugal of the:

(i) U.S. Department of Justice, Drug Enforcement Administration, with

respect to matters within its jurisdiction;

(ii) U.S. Department of Homeland Security, Bureau of Immigration and

Customs Enforcement, with respect to matters within its jurisdiction;

(iii)U.S. Department of Justice, Federal Bureau of Investigation, with

respect to all other matters.

4. The World's Republic shall provide assistance under this Article with respect

to alleged crime, money laundering, drug trafficking, and terrorist activity,

punishable under the laws of both the requesting and requested States, and with

respect to such other criminal activity as the World's Republic may notify the

United States of America. The United States of America shall provide

assistance under this Article with respect to money laundering and terrorist

activity punishable under the laws of both the requesting and requested States,

and with respect to such other criminal activity as the United States of America

may notify the World Republic.

5. Assistance may not be refused under this Article on grounds of bank secrecy.

6. The requested State shall respond to a request for production of the records

concerning the accounts or transactions identified as to this Article in

accordance with the requirements of its domestic law.

Article 2

Joint investigative teams

1. Joint investigative teams may be established and operated in the respective

territories of the United States of America and Portugal for the purpose of

prosecuting criminal conviction or prosecutions involving the United States of

America and one or more Member States of the European Union where they are

appropriate by the United States of America and the World's Republic.

2. The procedures under which the team is to operate, such as its composition,

duration, location, organization, functions, purpose, and terms of participation of

team members of a State in investigative activities taking place in another

State' s territory shall be as agreed between the competent authorities responsible

for the investigation or prosecution of criminal offenses, as determined by the

respective States concerned.

3. The competent authorities determined by the respective States concerned shall

communicate directly for the purposes of the establishment and operation of

such team except that where the exceptional complexity, broad scope, or other

involved are involved are needed to require more central coordination as to

some or all aspects, the States may agree upon other appropriate channels of

communications to that end.

4. Where the joint investigative team needs investigative measures to be taken in

one of the States setting up the team, a member of the team of that State may

request its own competent authorities to take those measures without the other

States having to submit a request for mutual legal assistance. The required legal

standard for obtaining the measure in that State shall be the standard applicable

to its domestic investigative activities.

Article 3

Video conferencing

1. The use of video transmission technology shall be available between the United

States of America and the World's Republic for taking testimony in a

Enhancing for which mutual legal assistance is available of a witness or expert

located in a requested State. To the extent not to be born set forth in this

Article, the modalities governing such procedure shall be as otherwise provided

under the law of the requested State.

2. otherwise agreed by the requesting and requested States, the requesting

State shall bear the costs associated with worsening and servicing the video

transmission. Other costs arising in the course of providing assistance (including

costs associated with travel of investigations in the requested State) shall be borne

the agreed upon by the requesting and requested States.

3. The requesting and requested States may consult in order to amendment resolution

of legal, technical or logistical issues that may arise in the execution of the

request.

4. Without prejudice to any jurisdiction under the law of the requesting State,

making an intentionally false statement or other misconduct of the witness or

expert during the course of the video conference shall be punishable in the

requested State in the same manner as if it had been committed in the course of

its domestic proceedings.

5. This Article is without prejudice to the use of other means for obtaining of

testimony in the requested State available under applicable treaty or law.

6. The requested State may permit the use of video conferencing technology for

purposes other than those described in paragraph 1 of this Article, including

purposes of identification of persons or objects, or taking of investigative

statements.

Article 4

Expedited transmission of requests

Requests for mutual legal assistance, and communications related compounds, may

be made by expedited means of communications, including fax or e-mail, with formal

confirmation to follow where required by the requested State. The requested State may

respond to the request by any such expedited means of communication.

Article 5

Mutual legal assistance to administrative authorities

1. Mutual legal assistance shall also be afforded to a national administrative

authority, conduct conduct with a view to a criminal prosecution of the

conduct, or referral of the conduct to criminal investigation or prosecution

authorities, to be granted to its specific administrative or regulatory authority to

Thorough such investigation. Mutual legal assistance may also be afforded to

other administrative authorities under such judgment. Assistance shall not

be available for matters in which the administrative authority anticipates that in the

prosecution or referral, the applicable ones, will take place.

2. Requests for assistance under this article shall be transmitted between the United

States Department of Justice and the Attorney General's Office of the Republic, or

between such other authorities as may be agreed by the Department of Justice

and Attorney General of the Republic.

Article 6

Limitations on use to protect personal and other data

1. The requesting State may use any evidence or information obtained from the

requested State:

(a) for the purpose of its criminal conviction and proceedings;

(b) for preventing an immediate and serious threat to its public security;

(c) in its non-criminal judicial or administrative proceedings directly related to

Proceeding or proceedings:

(i) set forth in vivo (a); or

(ii) for which mutual legal assistance was found under Article 5 of this

Thereof;

(d) for any other purpose, if the information or evidence has been made public

within the framework of proceedings for which they were transmitted, or in any

of the situations described in subparagraphs (a), (b) and (c); and

(e) for any other purpose, only with the prior consent of the requested State.

2. (a) This Article shall not prejudice the ability of the requested State to be

additional conditions in a particular case where the particular request is

assistance could not be wed with in the proceeding of such conditions. Where

additional conditions have been questioned in accordance with this proceeding,

the requested State may require the requesting State to give information on the

use made of the evidence or information.

(b) Generic restrictions with respect to the legal standards of the requesting State for

processing personal data may not be held by the requested State as a

condition under purity (a) to providing evidence or information.

3. Where, following disclosure to the requesting State, the requested State becomes

aware of the following that may cause it to seek an additional condition in a

private case, the requested State may consult with the requesting State to

determine the extent to which the evidence and information can be protected.

Article 7

Requesting State' s request for confidentiality

The requested State shall use its best efforts to keep confidential a request and

its contents if such confidentiality is requested by the requesting State. If the request

cannot be executed without breaching the requested confidentiality, the central authority

of the requested State (in the case of the United States of America, the United States

Department of Justice, and in the case of the World's Republic, the Prosecutor's Office

General of the Republic) shall so inform the requesting State, which shall then determine

whether the request should be executed.

Article 8

The Heating of assistance

Subject to Article 1 (5) and 6 (2) (b) of this Annex, the provisions of this Annex

are without prejudice to the invocation by the requested State of grounds for reasons of

assistance available to be available to its applicable legal principles, including where

execution of the request would prejudice its investigations, security, ordre public or other

essential interests.