1818

II SÉRIE-A — NÚMERO 69

2 — Assistance may be refused if the Requested Party considers that there are any other substantial grounds that would make the granting of assistance unreasonable.

3 — Before refusing to grant a request for assistance the Requested Party shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting Party accepts assistance subject to these conditions, it shall comply with the conditions.

4 — The Requested Party shall promptly inform the Requesting Party of a decision of the Requested Party not to comply in whole or in part with a request for assistance and the reasons for that decision.

Article 4

Law applicable

Requests for assistance shall be carried out in accordance with the law of the Requested Party and in the manner requested by the Requesting Party insofar as it is not incompatible with the law of the Requested Party.

Article 5 Execution of requests

1 — In response to a request, the Requested Party:

a) Shall send certified copies of the documents unless the requesting Party expressly requests the originals;

b) May refuse or postpone the delivery of material or original documents if its law does not permit it, or if the material or documents are required for proceedings within its jurisdiction; and

c) Shall notify the Requesting Party of the results of the request, and, if requested, of the proposed date and place of execution of the request, and the entitlement, if any, of persons to be present.

2 — The Requesting Party shall return the material and documents provided in a response to a request as soon as possible unless the Requested Party, without prejudice to its rights or the rights of third parties, waives its return.

Article 6

Service of documents

1 — The Requestd Party shall serve judicial decisions or any other documents relating to proceedings wich are transmitted to it for that purpose by the Requesting Party.

2 — The Requested Party may effect service of any document by mail or, if the Requesting Party so requests, in any other manner required by the law of the Requesting Party wich is not inconsistent with the law of the Requested Party.

3 — The Requested Party shall forward to the Requesting Party proof of service of the documents. If service cannot be effected, the Requesting Party shall be so informed and advised of the reasons.

Article 7 Appearance of witnesses or experts

1 — If the Requesting Party requests the assistance of the Requested Party in obtaining in the territory of the Requested Party the evidence of witnesses or experts, the Requested Party shall, subject to its laws, arrange for the evidence of that witness or expert to be obtained.

2 — Where the Requesting Party seeks the attendance of a witness or expert in its territory, it may request the Requested Party to assist in making that person available. The Requested Party shall, if satisfied that:

a) Satisfactory arrangements for the security of the person are made;

b) The person whose attendance is sought consents; and

c) Any coercive measures or penalties specified in the summons shall be without effect if the person does not consent;

effect service of the summons.

3 — A request for service of a summons under paragraph 2 of this article shall state the allowances, travelling and subsistence expenses payable and shall be made so that it is received within 45 days before the date on wich the person is to appear. In urgent cases the Requested Party may waive the requirement of 45 days.

Article 8 Appearance of persons in custody

1 — If the Requesting Party seeks the attendance as a witness in its territory of a person who is in custody in the territory of the Requested Party, the Requested Party shall, if satisfied that:

a) There are no serious reasons for opposing the transfer; and

b) The person in custody consents;

transfer that person, in custody, to the Requesting Party.

2 — The Requesting Party shall, subject to paragraph 3 of this article, hold the transferred person in custody and return that person in custody to the Requested Party either:

a) Within the period fixed by the Requested Party; or

b) When the attendance of the person is no longer required.

3 — Where the sentence imposed on a person transferred under this article expires whilst the person is in the territory of the Requesting Party, that person shall be set at liberty and thereafter treated as a person referred to in article 7.

4 — A person in custody who does not consent to be available to give evidence pursuant to this article shall not, by reason thereof, be liable to any penalty or be submitted to any coercive measure.