UN Convention Against Corruption

Article 46.1. Afford one another the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to the offences covered under UNCAC.

Article 46.2 Mutual legal assistance shall be afforded to the fullest extent possible under relevant laws, treaties, agreements and arrangements of the requested State Party with respect to investigations, prosecutions and judicial proceedings in relation to the offences for which a legal person may be held liable in accordance with article 26 (liability of legal persons) under UNCAC in the requesting State Party.

Article 46.5.The transmission of information pursuant to paragraph 4 (transmitting information in relation to criminal matters without prior request to assist the other State) 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.

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.

Article 46.8 Must not decline to render mutual legal assistance on the ground of bank secrecy.

Article 46.9 (a) A requested State Party, in responding to a request for assistance under this article in the absence of dual criminality, shall take into account the purposes of UNCAC;

(b) Even though it is possible to decline rendering assistance based on the absence of dual criminality, a requested State Party shall render assistance that does not involve coercive action.

Article 46.11 For the purposes of paragraph 10 of this article (transferring a person to the other country for testimony etc.):

(a) The State Party to which the person is transferred shall have the authority and obligation to keep the person transferred in custody

(b) The State Party to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State Party from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States Parties;

(c) The State Party to which the person is transferred shall not require the State Party from which the person was transferred to initiate extradition proceedings for the return of the person;

(d) The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State Party to which he or she was transferred.

Article 46.12 Unless the State Party from which a person is to be transferred agrees, that person, shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in the transferred State in respect of acts, omissions or convictions prior to his or her departure from transferring State.

Article 46.13 Designate a central authority that has the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution.

Central authorities must ensure the speedy and proper execution or transmission of the requests received.

Where the central authority transmits the request to a competent authority for execution, it must encourage the speedy and proper execution of the request by the competent authority.

Notify the Secretary-General of the United Nations of the central authority designated for this purpose at the time each State Party deposits its instrument of ratification, acceptance or approval of or accession to UNCAC.

Requests for mutual legal assistance must be transmitted to the designated central authorities. This must not prejudice the right of a State Party to require that such requests be addressed through diplomatic channels and, in urgent circumstances, with agreement, through the International Criminal Police Organization.

Article 46.14 Requests must be made in writing or any means capable of producing a written record, in a language acceptable to the requested State.

The acceptable languages must be notified to the Secretary-General of the United Nations at the time it deposits its instrument of ratification, acceptance or approval of or accession to UNCAC.

In urgent circumstances and where agreed, requests may be made orally but shall be confirmed in writing.

Article 46.15 Mandatory contents for a mutual legal assistance request:

(a) The identity of the authority making the request

(b) The subject matter and nature of the investigation, prosecution or judicial proceeding to which the request relates and the name and functions of the authority conducting the investigation, prosecution or judicial proceeding

(c) A summary of the relevant facts, except in relation to requests for the purpose of service of judicial documents

(d) A description of the assistance sought and details of any particular procedure that the requesting State Party wishes to be followed

(e) Where possible, the identity, location and nationality of any person concerned; and

(f) The purpose for which the evidence, information or action is sought.

Article 46.17 A request must be executed in accordance with the domestic law of the requested State Party, not contrary to the domestic law of such Party and where possible, in accordance with the procedures specified in the request

Article 46.19 The requesting State Party shall not transmit or use information or evidence furnished by the requested State Party for investigations, prosecutions or judicial proceedings other than those stated in the request without the prior consent.

This will not prevent the requesting State Party from disclosing in its proceedings information or evidence that is exculpatory to an accused person.

In the latter case, the requesting State Party shall notify the requested State Party prior to the disclosure and, if so requested, consult with the requested State Party.

If, in an exceptional case, advance notice is not possible, the requesting State Party shall inform the requested State Party of the disclosure without delay.

Article 46.23 Reasons shall be given for any refusal of mutual legal assistance.

Article 46.24 The requested State Party shall

• execute the request for mutual legal assistance as soon as possible and shall take as full account as possible of any deadlines suggested by the requesting State Party and for which reasons are given, preferably in the request.
• respond to reasonable requests by the requesting State Party on the status, and progress in its handling, of the request.

The requesting State Party shall promptly inform the requested State Party when the assistance sought is no longer required.

Article 46.26 Before refusing a request or postponing execution, the requested State Party shall consult with the requesting State Party to consider whether assistance may be granted subject to such terms and conditions as it deems necessary.

If the requesting State Party accepts assistance subject to those conditions, it shall comply with the conditions.

Article 46.27 A witness, expert or other person who, at the request of the requesting State Party, consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting State Party shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in that territory in respect of acts, omissions or convictions prior to his or her departure from the territory of the requested State Party.

Such safe conduct shall cease when such person having had, for a period of fifteen consecutive days or for any agreed period agreed from the date on which he or she has been officially informed that his or her presence is no longer, an opportunity of leaving, has nevertheless remained voluntarily in the territory of the requesting State Party or, having left it, has returned of his or her own free will.

Article 46.28 The ordinary costs of executing a request shall be borne by the requested State Party, unless otherwise agreed.

If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the States Parties shall consult to determine the terms and conditions and how the costs are borne.

Article 46.29 The requested State Party: (a) must provide to the requesting State Party copies of government records, documents or information in its possession that under its domestic law are available to the general public