including the grounds on which the requested Party may refuse cooperation. The requested Party shall not exercise the right to refuse mutual
assistance in relation to the offences referred to in Articles 2 through 11
solely on the ground that the request concerns an offence which it
considers a fiscal offence.
5
Where, in accordance with the provisions of this chapter, the requested
Party is permitted to make mutual assistance conditional upon the
existence of dual criminality, that condition shall be deemed fulfilled,
irrespective of whether its laws place the offence within the same category
of offence or denominate the offence by the same terminology as the
requesting Party, if the conduct underlying the offence for which
assistance is sought is a criminal offence under its laws.
Article 26 –
Spontaneous information
1
A Party may, within the limits of its domestic law and without prior
request, forward to another Party information obtained within the
framework of its own investigations when it considers that the disclosure
of such information might assist the receiving Party in initiating or
carrying out investigations or proceedings concerning criminal offences
established in accordance with this Convention or might lead to a request
for co-operation by that Party under this chapter.
2
Prior to providing such information, the providing Party may request that
it be kept confidential or only used subject to conditions. If the receiving
Party cannot comply with such request, it shall notify the providing Party,
which shall then determine whether the information should nevertheless
be provided. If the receiving Party accepts the information subject to the
conditions, it shall be bound by them.
Title 4 – Procedures pertaining to mutual assistance requests
in the absence of applicable international agreements
Article 27 –
Procedures pertaining to mutual assistance requests
in the absence of applicable international agreements
1
Where there is no mutual assistance treaty or arrangement on the basis of
uniform or reciprocal legislation in force between the requesting and
requested Parties, the provisions of paragraphs 2 through 9 of this article
shall apply. The provisions of this article shall not apply where such
treaty, arrangement or legislation exists, unless the Parties concerned
agree to apply any or all of the remainder of this article in lieu thereof.
2
a
Each Party shall designate a central authority or authorities
responsible for sending and answering requests for mutual
assistance, the execution of such requests or their transmission to
the authorities competent for their execution.
50