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2.
A request for the preservation of information made under paragraph 1 of
this Article shall specify:
(a)
the name of requesting authority;
(b)
the summary of basic facts, nature of investigation, prosecution or
judicial proceedings to which the request relates;
(c)
the electronic information to be preserved and its relationship to the
said offence;
(d)
any available data identifying the custodian of the information or
the location of the ICT device;
(e)
the rationale for the preservation of information;
(f)
a message that the State Party intends to submit a request for
search, seizure or similar preservation of this information within the framework
of mutual legal assistance.
3.
Upon receiving the request from another State Party, the requested State
Party shall take appropriate measures to preserve expeditiously the information
specified in paragraph 1 of this Article in accordance with its domestic law. The
requested State party may execute in whole or in part the request to ensure the
preservation of information even if the act giving ground for a request is not
criminalized in the requested State Party.
4.
A request for the preservation of information may be refused if the
requested State Party considers that execution of the request can prejudice its
sovereignty, security or other essential interests.
5.
Where the requested State Party believes that execution of the request
referred to in paragraph 1 of this Article will not ensure the future preservation
of information or will threaten the confidentiality of or otherwise prejudice the
investigation, prosecution or judicial proceedings, it shall promptly so inform
the requesting State Party. Based on that notification the requesting State Party
shall determine whether the request should be executed or not.