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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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a55794c5667755a47396a&fich=ppr52-X.doc&Inline=false

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 crime more effectively, as a means of protecting democratic societies and the values that inspire. To this end, the European Union and United States of America concluded, on 25 June 2003, an agreement on Mutual legal assistance. Pursuant to said agreement, Member States of the European Union should conclude written instruments with the United States of America in order to recognize your application. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: to approve the instrument between the Portuguese Republic and the United States of America in accordance with paragraph 3 of article 3 of the agreement between the European Union and the United States of America on Mutual legal assistance in criminal matters signed on 25 June 2003 , and your Attachment, made in Washington on July 14 2005, whose text, authenticated versions in Portuguese and English, if published in the annex.

Seen and approved by the Council of Ministers of 29 March 2007 Prime Minister of State and Minister for Foreign Affairs the Minister of Parliamentary Affairs Minister Presidency instrument between the Portuguese Republic and the United States of America in accordance with paragraph 3 of article 3 of the agreement between the European Union and the United States of America on Mutual legal assistance in criminal matters signed on 25 June 2003 1. In accordance with the provisions of paragraph 3 of article 3 of the agreement between the European Union and the United States of America on Mutual legal assistance in criminal matters signed on 25 June 2003 (hereafter "EU-us agreement on Mutual legal assistance"), the Government of the Portuguese Republic and the Government of the United States of America acknowledge that, in accordance with the provisions of this instrument the EU-us agreement on mutual legal assistance in criminal matters applies between them, in accordance with the following terms: (a) (i) article 4 of the EU-us agreement on mutual legal assistance in criminal matters, as referred to in article 1 of the Annex to this instrument regulates the identification of accounts and financial transactions;

(ii) pursuant to paragraph 3 of article 4 of the EU-us agreement on mutual legal assistance in criminal matters, the requests for assistance under this article shall be transmitted between, for the Portuguese Republic, the Attorney General's Office, and United States of America, the Attaché responsible for the Portugal-United States Department of Justice, and Research Department and traffic of narcotic drugs , in matters of your competence;
-Department of Internal Affairs and security, Department of immigration and Customs, in matters of your competence;
-United States Department of Justice, Federal Bureau of investigation, in other matters.

(iii) in accordance with paragraph 4 of article 4 of the EU-us agreement on Mutual legal assistance the Portuguese Republic shall provide assistance, in relation to activities of organized crime, money laundering, drug trafficking and terrorism, punishable according to the law of both the requesting and requested States and for any other criminal activities that the Portuguese Republic notify the United States of America;

The United States of America shall provide aid in respect to money-laundering activities and terrorism, punishable according to the law of both the requesting and requested States, and for any other criminal activities that the United States of America to notify the Portuguese Republic.

(b) article 5 of the EU-us agreement on mutual legal assistance in criminal matters, as referred to in article 2 of the Annex to this instrument regulates the formation and activities of joint investigation teams;

(c) article 6 of the EU-us agreement on mutual legal assistance in criminal matters, as provided for in article 3 of the Annex to this instrument regulates the provision of testimony of a person located in the requested State by use of video transmission technology between the requesting State and the requested State;

(d) article 7 of the EU-us agreement on mutual legal assistance in criminal matters, as referred to in article 4 of the Annex to this instrument, regulates the use of expedited means of communication;

(e) (i) article 8 of EU-us agreement on mutual legal assistance in criminal matters, as referred to in article 5 of the Annex to this instrument regulates the provision of mutual legal assistance to administrative authorities concerned;

(ii) in accordance with point (b)) of paragraph 2 of article 8 of the EU-us agreement on mutual legal assistance in criminal matters, requests for judicial assistance submitted under this article shall be transmitted between the Attorney General's Office and the Justice Department of the United States, or between other authorities that the Attorney General's Office and the Justice Department of the United States have designated by common agreement.

(f) article 9 of the EU-us agreement on mutual legal assistance in criminal matters, as referred to in article 6 of the Annex to this instrument regulates the restrictions on the use of information or evidence provided to the requesting State and the provision conditional or the refusal to provide aid on grounds relating to the protection of data;

(g) article 10 of the EU-us agreement on mutual legal assistance in criminal matters, as referred to in article 7 of the Annex to this instrument, regulates the circumstances in which the applicant State may request confidentiality of the request;

(h) article 13 of the EU-us agreement on mutual legal assistance in criminal matters, as referred to in article 8 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 assistance in criminal matters applicable between the Portuguese Republic and the United States of America after the entry into force of this instrument.

3. In accordance with article 12 of the EU-us agreement on Mutual legal assistance in criminal matters this instrument shall apply to offences committed before and after your entry into force.

4. This instrument does not apply to applications for aid submitted prior to your entry into force; However, in accordance with article 12 of the EU-us agreement on mutual legal assistance in criminal matters, articles 3 and 4 of the Annex shall apply to aid applications submitted before the entry into force.


5. (a) This instrument is subject to the fulfilment by the Portuguese Republic and the United States of America their respective internal procedures applicable for your entry into force. The Government of the Portuguese Republic and the United States of America then will exchange instruments stating that such procedure was completed. This instrument shall enter into force on the date of entry into force of the EU-us agreement on Mutual legal assistance.

(b) in the case of termination of the EU-us agreement on Mutual legal assistance in criminal matters this instrument ceases.

In WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this instrument.

Done at Washington DC on the 14th day of the month of July of the year of 2005, in two copies, in English and Portuguese language, each of these texts being equally authentic.

For the PORTUGUESE REPUBLIC by the UNITED STATES of AMERICA ANNEX article 1 identification of Bank Information 1. a) at the request of the requesting State, the requested State shall, in accordance with this article, quickly determine if the banks located in your territory possess information on the ownership of one or more bank accounts by a particular person or entity identified, suspicion or accused of a criminal offence. The requested State shall communicate promptly to the requesting State of the results of investigations carried out.

(b)) the measures referred to in point (a)) may also be taken for identification purposes of: i) information relating to natural or legal persons who have been convicted or otherwise involved in a criminal offence, ii) information in the possession of non-bank financial institutions, or iii) financial transactions unrelated to accounts.

2. The inquiries referred to in paragraph 1 shall contain: a) the identity of the natural or legal person relevant to locating such accounts or transactions; and (b)) a lot of Elements to enable the competent authority of the requested State: i) have grounds to suspect that the natural or legal person in question is involved in a criminal offence and that banks or non-bank financial institutions in the territory of the requested State may have the information requested; and ii) conclude that the information relating to the investigation or criminal proceedings;

c) to the extent possible, information on the banks or non-bank financial institutions eventually involved, as well as other information whose availability may contribute to circumscribe the scope of the investigation.

3. Unless subsequently modified by Exchange of diplomatic notes between the European Union and the United States of America, the requests for assistance pursuant to this article shall be transmitted between:) for the Portuguese Republic, the Attorney General's Office; (b)) for the United States of America, the Attaché responsible for Portugal of: (i) United States Department of Justice, and Research Department and traffic of narcotic drugs, in matters of your competence; (ii) Department of Internal Affairs and security, Department of immigration and Customs, in matters of your competence; (iii) United States Department of Justice, Federal Bureau of investigation, in other matters.

4. The Portuguese Republic shall provide assistance, in accordance with this article, in respect of the activities of organized crime, money laundering, drug trafficking and terrorism, punishable according to the law of both the requesting and requested States, and for any other criminal activities that the Portuguese Republic notify the United States of America; The United States of America shall provide assistance, in accordance with this article, in relation to money-laundering activities and terrorism, punishable according to the law of both the requesting and requested States, and for any other criminal activities that the United States of America to notify the Portuguese Republic.

5. The aid under this article may not be refused based on banking secrecy.

6. The requested State shall respond to a request for the submission of records related to the accounts or transactions identified pursuant to this article, in accordance with the requirements of your internal law.

Article 2 joint investigation teams 1. Can be created and operate in their territories of Portugal and the United States of America joint investigation teams in order to facilitate investigations or criminal procedures 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 that must obey the functioning of the teams, including composition, duration, location, organization, functions, purpose and terms of participation of team members of a State in the research activities taking place in the territory of another State, should be agreed between the competent authorities responsible for the investigation of criminal offences and for the promotion of criminal action , as determined by the respective States concerned.

3. The competent authorities determined by the respective States concerned shall communicate directly with one another for the purpose of creation and functioning of such teams, except when you consider that the exceptional complexity or the large extent of the scope of investigations or other circumstances require greater coordination at the central level in respect of part or all of the aspects of the investigation, and may in this case the States agree to use other channels of communication for this purpose.

4. where the joint investigation team needs investigative measures to be taken in one of the States participating in the creation of the team, a member of the team originated that State may request their own competent authorities to take those measures, without which the other States have to submit a request for mutual legal assistance. The legal criteria to be applied to obtain the measure in that State must be the criterion applicable to research activities at national level.

Article 3 Videoconference


1. the use of video transmission technology must be available between the Portuguese Republic and the United States of America for the collection of testimonies, a process in which mutual assistance is granted, to witnesses or experts located in the requested State. To the extent that this article does not contain specific provisions in this regard, the rules shall follow the procedure are those laid down in the law of the requested State.

2. Unless otherwise agreed between the requesting and requested States, the requesting State shall bear the costs related to the establishment and implementation of video transmission. The other costs of providing assistance (including costs to the movement of participants in the requested State) are supported depending on what is agreed upon by the requesting and requested States.

3. The requesting and requested States may consult one another to facilitate the resolution of legal, technical or logistical issues that may be raised by the execution of the request.

4. Without prejudice to any other powers provided for in the law of the requesting State, the production of false statements intentionally or other unlawful conduct of witnesses or experts during the videoconference should be punishable in the requested State identically to what would happen if the same conduct if within the framework of a national process.

5. This article shall not preclude the use of other means of gathering testimony in the requested State available under applicable treaty or law.

6. The requested State may allow the use of video conferencing technology for purposes other than those referred to in paragraph 1 of this article, including the purpose of identifying persons or objects, or to collect statements in the context of investigations.

Article 4 transmission of requests for expedited requests for mutual legal assistance and related communications can be made by expedited means of communication, including fax or e-mail, with subsequent formal confirmation in cases where this is requested 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. It is also provided legal assistance to an administrative authority that is investigating certain conduct for purposes of the corresponding criminal proceedings or for shipment of the process concerning this conduct to the authorities responsible for the investigation or prosecution under promotion of a specific authority, administrative or regulatory in nature, of having to carry out these investigations. Legal assistance may also be provided to other administrative authorities under the circumstances. Will not be provided legal assistance in matters for which the administrative authority provides that no criminal process or shipment of any process, as the case may be.

2. Requests for judicial assistance submitted under this article shall be transmitted between the Attorney General's Office and the Justice Department of the United States, or between other authorities that the Attorney General's Office and the Justice Department of the United States have designated by common agreement.

Article 6 Limitations of use for personal data protection and other 1. The requesting State may use any evidence or information provided by the requested State: a) for the purposes of investigations and criminal proceedings; (b)) To prevent serious and immediate threats to your public security; c) in their judicial or administrative nature not directly related to criminal investigations or cases: i) referred to in point (a)), or (ii)) for which legal assistance 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 proceedings for which they were transmitted, or any of the situations referred to in points (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 affect the possibility for the requested State to impose additional conditions in specific cases, when it is not possible to satisfy a particular request in the absence of these conditions. When additional conditions have been imposed under this paragraph, the requested State may require the requesting State to provide information about the use given to the evidence or information. b) the requested State may not impose limitations with regard to legal standards of generic requesting State applicable to the processing of personal data as a condition for the provision of evidence or information in accordance with subparagraph (a)).

3. When, following disclosure to the requesting State, the requested State becomes aware of the existence of circumstances that may lead to request the application of an additional condition in a particular case, the requested State may consult with the requesting State to determine the extent to which evidence and information may be protected.

Article 7 request for confidentiality of the applicant State the requested State shall make every effort to maintain the confidentiality of a request and your content, if such confidentiality is requested by the requesting State. If the request cannot be executed without breach of confidentiality is requested, the central authority of the requested State (in the case of the Portuguese Republic the Attorney General's Office and in the case of the United States of America, the United States Department of Justice) shall inform the requesting State, which shall determine whether the request should nevertheless be executed.

Article 8 Refusal of aid subject to paragraph 5 of article 1.
and (b)) of paragraph 2 of article 6 of this annex, the provisions of this annex shall not prevent the requested State to invoke grounds for refusal of aid in accordance with the legal principles applicable in that State, in particular when the execution of the request may impair your sovereignty, your safety, your public order or their fundamental interests.

Instrument between the United States of America and the Portuguese Republic as 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. Mutual Legal Assistance Agreement I"), the Governments of the United States of America and of the Portuguese Republic acknowledge that, in accordance with the provisions of this Instrument, the U.S. Mutual Legal Assistance Agreement I is applied between them under the following terms : (a) (i) Article 4 of the U.S. Mutual Legal Assistance Agreement I the set forth in Article 1 of the Annex to this Instrument shall govern the identification of financial accounts and transactions;

(ii) Pursuant to Article 4 (3) of the U.S. Mutual Legal Assistance Agreement I, requests for assistance under this Article shall be transmitted between, for the Portuguese Republic the Attorney General's Office, 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) Pursuant to Article 4 (4) of the U.S. Mutual Legal Assistance Agreement I, the Portuguese Republic shall provide assistance with respect to organized crime, drug trafficking, money on Farmville, and terrorist activity, punishable under the laws of both the requesting and requested States, and with respect to such other criminal activity as the Portuguese Republic may notify the United States of America. The United States of America shall provide assistance with respect to money on Farmville 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 Portuguese Republic.

(b) Article 5 of the U.S. Mutual Legal Assistance Agreement I the 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. Mutual Legal Assistance Agreement I the 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. Mutual Legal Assistance Agreement I the 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. Mutual Legal Assistance Agreement I the 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) Pursuant to Article 8 (2) (b) of the U.S. Mutual Legal Assistance Agreement I, requests for assistance under this Article shall be transmitted between the United States Department of Justice and the Attorney General's Office, or between such other authorities as may be agreed by the Department of Justice and Attorney General's Office.

(f) Article 9 of the U.S. Mutual Legal Assistance Agreement I the 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 refusal of assistance on data protection grounds;

(g) Article 10 of the U.S. Mutual Legal Assistance Agreement I the set forth in Article 7 of the Annex to this Instrument shall govern the general circumstances under which a requesting State may seek the confidentiality of its request;

(h) Article 13 of the U.S. Mutual Legal Assistance Agreement I the set forth in Article 8 of the Annex to this Instrument shall govern the invocation by the requested State of grounds for refusal.

2. The Annex reflects the provisions of the Mutual Legal Assistance U.S.-I Agreement that shall apply between the United States of America and the Portuguese Republic upon entry into force of this Instrument.

3. In accordance with Article 12 of the U.S. Mutual Legal Assistance Agreement I, 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. Mutual Legal Assistance Agreement I, 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 Portuguese Republic of their respective applicable internal procedures for entry into force. The Governments of the United States of America and of the Portuguese Republic shall thereupon exchange instruments indicating that such measures have been completed. This Instrument shall enter into force on the date of entry into force of the U.S. Mutual Legal Assistance Agreement I.

(b) In the event of termination of the U.S. Mutual Legal Assistance Agreement I, this Instrument shall be terminated.

In WITNESS WHEREOF, the Arbitration Forum, being Surani authorized by their respective Governments, have signed this Instrument.

DONE at Washington, in duplicate, this ___ day of July 2005, in the English and Portuguese languages, both texts being equally authentic.

For THE PORTUGUESE REPUBLIC: FOR THE UNITED STATES OF AMERICA: ANNEX 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, promptly ascertain if the banks located in its territory possess information on whether an identified natural or legal person suspected of or charged with a criminal offense is the holder of a bank account or accounts. The requested State shall promptly communicate the results of its enquiries to the requesting State.

(b) The actions described in subparagraph (a) may also be taken for the purpose of identifying: (i) information regarding natural or legal persons convicted of or otherwise involved in a criminal offense; (ii) information in the possession of non-bank financial institutions; or (iii) financial transactions unrelated to accounts.

2. The 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) reasonably 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) completion date that the information sought relates to the criminal investigation or proceeding; 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 aid in reducing the breadth of the enquiry.

3. Unless subsequently 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 Portuguese Republic, the Attorney General's Office, 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 Portuguese Republic shall provide assistance under this Article with respect to organized crime, drug trafficking, money on Farmville, and terrorist activity, punishable under the laws of both the requesting and requested States, and with respect to such other criminal activity as the Portuguese Republic may notify the United States of America. The United States of America shall provide assistance under this Article with respect to money on Farmville 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 Portuguese Republic.

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

6. The requested State shall respond to the request for production of the records concerning the accounts or transactions identified pursuant 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 facilitating criminal investigations or prosecutions involving the United States of America and one or more Member States of the European Union where deemed appropriate by the United States of America and the Portuguese 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 general circumstances involved are deemed 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 Portuguese Republic is taking testimony in the proceeding for which mutual legal assistance is available of the witness or expert located in the requested State. To the extent not specifically set forth in this Article, the modalities governing such procedure shall be as otherwise provided under the law of the requested State.

2. Unless otherwise agreed by the requesting and requested States, the requesting State shall bear the costs associated with establishing and servicing the video transmission. Other costs arising in the course of providing assistance (including costs associated with travel of participants in the requested State) shall be borne as agreed upon by the requesting and requested States.

3. The requesting and requested States may consult in order to facilitate 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 for 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 thereto, 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, investigating conduct with a view to criminal prosecution of the conduct, or referral of the conduct to criminal investigation or prosecution authorities, pursuant to its specific administrative or regulatory authority to undertake such investigation. Mutual legal assistance may also be afforded to other administrative authorities under such general circumstances. Assistance shall not be available for matters in which the administrative authority anticipates that the prosecution or referral, as applicable, 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, or between such other authorities as may be agreed by the Department of Justice and Attorney General's Office.

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 investigations 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 investigations or proceedings: (i) set forth in subparagraph (a); or (ii) for which mutual legal assistance was rendered under Article 5 of this Annex; (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 impose additional conditions in a particular case where the particular request for assistance could not be complied with in the absence of such conditions. Where additional conditions have been imposed in accordance with this subparagraph, 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 imposed by the requested State as a condition under subparagraph (a) to providing evidence or information.

3. Where, following disclosure to the requesting State, the requested State becomes aware of general circumstances that may cause it to seek an additional condition in a particular 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 Portuguese Republic, the Attorney General's Office) shall so inform the requesting State, which shall then determine whether the request should nevertheless be executed.

Article 8 Refusal 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 refusal of assistance available pursuant to its applicable legal principles, including where execution of the request would prejudice its sovereignty, security, ordre public or other essential interests.