Key Benefits:
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.