170 | II Série A - Número: 007S2 | 2 de Outubro de 2008

(a) the request relates to conduct which would not constitute an offence under the laws of the Requested State; (b) the request is considered by the Requested State as relating to a political offence; (c) the request relates to an offence which is a purely military offence under the laws of the Requested State; (d) there are substantial grounds for the Requested State to believe that the request has been made for the purpose of investigating, prosecuting, punishing or other proceedings against a person on account of that person’s race, sex, religion, nationality or political opinions, or that that person’s position may be prejudiced for any of those reasons; (e) the Requested State is in the process of or has terminated criminal proceedings or has already rendered a final judgment against the same suspect or accused for the same offence as related to in the request; (f) the Requested State determines that the execution of the request would impair its sovereignty, security, public order or other essential public interests, or would be contrary to the fundamental principles of its national laws.

2. Offences that are not regarded as political offences under any international treaty, convention or agreement to which the Contracting States are Parties shall not be treated as political offences.
3. The Requested State may postpone to provide assistance if execution of a request would interfere with an ongoing investigation, prosecution or other proceedings in the Requested State.
4. Before refusing a request or postponing its execution, the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to these conditions, it shall comply with them.
5. If the Requested State refuses or postpones to provide assistance, it shall inform the Requesting State of the reasons for the refusal or postponement.

Article 4 Form and Content of Requests

1. A request shall be made in writing and affixed with the signature or seal of the requesting authority. In urgent situations, the Requested State may accept a request in other forms and the Requesting State shall confirm the request in writing promptly thereafter unless the Requested State agrees otherwise.
2. A request for assistance shall include the following:

(a) the name of the competent authority conducting the investigation, prosecution or other proceedings to which the request relates; (b) a description of the nature of the relevant case, a summary of the relevant facts of and the provisions of laws applicable to the case to which the request relates; (c) a description of the assistance sought and that of the purpose and relevance for which the assistance is sought; and (d) the time limit within which the request is desired to be executed.

3. To the extent necessary and possible, a request shall also include the following:

(a) information on the identity and residence of a person from whom evidence is sought; (b) information on the identity and residence of a person to be served and that person’s relationship to the proceedings; (c) information on the identity and whereabouts of the person to be located or identified; (d) a description of the place or object to be inspected or examined; (e) a description of any particular procedure desirous to be followed in executing the request and reasons therefore; (f) a description of the place to be searched and of the property to be inquired, frozen and seized; (g) a description of the need for confidentiality and the reasons therefore;