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Every State Party shall commit itself to adopting the
procedures necessary to fulfill the obligations set forth in
Articles 34 to 42.
Requests for bilateral assistance and related communications
shall be submitted in writing. In case of emergency, a State
Party may submit such request in an expeditious manner,
including by fax or email, provided such communication
ensures a reasonable degree of security and reference
(including by using coding) and confirmation of dispatch as
required by the State Party. The State Party from which
assistance is requested shall respond to the request through a
fast means of communication.
Except as otherwise stated in this chapter, bilateral assistance
shall be subject to the requirements set forth in the law of the
State Party from which assistance is requested or in mutual
assistance treaties, including the grounds on which the State
Party can rely to refuse cooperation. The State Party from
which assistance is requested may not exercise its right to
refuse assistance with respect to offenses set forth in Chapter
II only on the basis that the request relates to an offence that it
considers as a financial offence.
Whenever the State Party from which assistance is requested
may provide such assistance only in the presence of dual
criminality, this condition shall be considered fulfilled
regardless of whether the laws of the State Party classify the
offence in the same category as those of the requesting State
Party, provided that the act leading to the offence in respect of
which assistance is requested is considered an offence
according to the laws of the State Party.
Article 33 Circumstantial Information
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A State Party may – within the confines of its domestic law –
and without prior request, give another State information it
obtained through its investigations if it considers that the
disclosure of such information could help the receiving State
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