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confidential
[
Global Index
]
ARTICLE-46
: Mutual legal assistance [
go to this ARTICLE
]
... 5. The
transmission of information
pursuant to paragraph 4 of this
article
shall be without
prejudice
to inquiries and
criminal proceedings
in the
State
of the
competent authorities
providing the
information
. The
competent authorities
receiving
the
information
shall comply with a
request
that said
information
remain
confidential
, even temporarily, or with
restrictions
on its use. However, this shall not
prevent
the
receiving State
Party
from disclosing in its
proceedings
information
that is exculpatory to an
accused
person
. In such a
case
, the
receiving State
Party
shall notify the transmitting
State Party
prior
to the
disclosure
and, if so requested, consult with the transmitting
State Party
. If, in an
exceptional
case
,
advance
notice
is not possible, the
receiving State
Party
shall inform the transmitting
State Party
of the
disclosure
without
delay
. ...
... 20. The requesting
State Party
may require that the requested
State Party
keep
confidential
the
fact
and
substance
of the
request
, except to the
extent
necessary to execute the
request
. If the requested
State Party
cannot comply with the
requirement
of
confidentiality
, it shall promptly inform the requesting
State Party
. ...
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C
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D
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