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United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
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assistance
[
Global Index
]
ARTICLE-7
[
go to this ARTICLE
]
...
MUTUAL LEGAL ASSISTANCE
...
... 1. The
Parties
shall afford one another, pursuant to this
article
, the widest
measure
of
mutual legal assistance
in
investigations
,
prosecutions
and
judicial proceedings
in
relation
to
criminal offences
established
in
accordance
with
article
3
, paragraph 1. ...
... 2.
Mutual legal assistance
to be afforded in
accordance
with this
article
may be requested for any of the following
purposes
: ...
... 3. The
Parties
may afford one another any other forms of
mutual legal assistance
allowed by the
domestic law
of the requested
Party
. ...
... 5. A
Party
shall not
decline
to render
mutual legal assistance
under this
article
on the ground of
bank secrecy
. ...
... 6. The
provisions
of this
article
shall not
affect
the
obligations
under any other
treaty
,
bilateral
or
multilateral
, which
governs
or will
govern
, in whole or in part,
mutual legal assistance
in
criminal
matters. ...
... 7. Paragraphs 8 to 19 of this
article
shall apply to
requests
made pursuant to this
article
if the
Parties
in
question
are not bound by a
treaty
of
mutual legal assistance
. If these
Parties
are bound by such a
treaty
, the
corresponding
provisions
of that
treaty
shall apply unless the
Parties
agree
to apply paragraphs 8 to 19 of this
article
in lieu thereof. ...
... 8.
Parties
shall
designate
an
authority
, or when necessary
authorities
, which shall have the
responsibility
and
power
to execute
requests
for
mutual legal assistance
or to transmit them to the
competent authorities
for
execution
. The
authority
or the
authorities
designated
for this
purpose
shall be notified to the
Secretary-General
.
Transmission
of
requests
for
mutual legal assistance
and any
communication
related thereto shall be effected between the
authorities
designated
by the
Parties
; this
requirement
shall be without
prejudice
to the
right
of a
Party
to require that such
requests
and communications be addressed to it through the
diplomatic channel
and, in
urgent
circumstances
, where the
Parties
agree
, through
channels
of the
International Criminal Police Organization
, if possible. ...
... 8.
Parties
shall
designate
an
authority
, or when necessary
authorities
, which shall have the
responsibility
and
power
to execute
requests
for
mutual legal assistance
or to transmit them to the
competent authorities
for
execution
. The
authority
or the
authorities
designated
for this
purpose
shall be notified to the
Secretary-General
.
Transmission
of
requests
for
mutual legal assistance
and any
communication
related thereto shall be effected between the
authorities
designated
by the
Parties
; this
requirement
shall be without
prejudice
to the
right
of a
Party
to require that such
requests
and communications be addressed to it through the
diplomatic channel
and, in
urgent
circumstances
, where the
Parties
agree
, through
channels
of the
International Criminal Police Organization
, if possible. ...
... 10. A
request
for
mutual legal assistance
shall contain: ...
... (d) A
description
of the
assistance
sought and
details
of any particular
procedure
the requesting
Party
wishes to be followed; ...
... 15.
Mutual legal assistance
may be refused: ...
... (d) If it would be
contrary
to the
legal system
of the requested
Party
relating to
mutual legal assistance
for the
request
to be
granted
. ...
... 16.
Reasons
shall be given for any refusal of
mutual legal assistance
. ...
... 17.
Mutual legal assistance
may be postponed by the requested
Party
on the ground that it
interferes
with an ongoing
investigation
,
prosecution
or
proceeding
. In such a
case
, the requested
Party
shall consult with the requesting
Party
to determine if the
assistance
can still be given
subject
to such
terms
and
conditions
as the requested
Party
deems necessary. ...
... 17.
Mutual legal assistance
may be postponed by the requested
Party
on the ground that it
interferes
with an ongoing
investigation
,
prosecution
or
proceeding
. In such a
case
, the requested
Party
shall consult with the requesting
Party
to determine if the
assistance
can still be given
subject
to such
terms
and
conditions
as the requested
Party
deems necessary. ...
ARTICLE-10
[
go to this ARTICLE
]
...
INTERNATIONAL
CO-OPERATION
AND
ASSISTANCE
FOR
TRANSIT STATES
...
... 1. The
Parties
shall
co-operate
, directly or through
competent
international
or
regional organizations
, to assist and
support
transit States
and, in particular,
developing countries
in need of such
assistance
and
support
, to the
extent
possible, through
programmes
of
technical
co-operation
on interdiction and other related
activities
. ...
... 2. The
Parties
may
undertake
, directly or through
competent
international
or
regional organizations
, to provide
financial assistance
to such
transit States
for the
purpose
of augmenting and strengthening the
infrastructure
needed for effective
control
and
prevention
of
illicit traffic
. ...
ARTICLE-17
[
go to this ARTICLE
]
... 2. A
Party
which has
reasonable
grounds to suspect that a
vessel
flying its
flag
or not displaying a
flag
or
marks
of
registry
is engaged in
illicit traffic
may
request
the
assistance
of other
Parties
in suppressing its use for that
purpose
. The
Parties
so requested shall render such
assistance
within the means available to them. ...
... 2. A
Party
which has
reasonable
grounds to suspect that a
vessel
flying its
flag
or not displaying a
flag
or
marks
of
registry
is engaged in
illicit traffic
may
request
the
assistance
of other
Parties
in suppressing its use for that
purpose
. The
Parties
so requested shall render such
assistance
within the means available to them. ...
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