PARTS
INTERNATIONAL COOPERATION
PARTS
INTERNATIONAL COOPERATION
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General principles relating to mutual assistance
Vanuatu may cooperate with any foreign country, any foreign agency or any
international agency for the purposes of investigations or proceedings concerning
offences related to computer systems and data or for the collection of evidence in
electronic form of a criminal offence pursuant to this Act and the Mutual
Assistance in Criminal Matters Act.
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(1)
Public Prosecutor to make and act on mutual assistance requests
The Public Prosecutor may make requests for mutual assistance in any
investigation or proceedmg commenced in Vanuatu, relating to any
computer or computer related offence.
(2)
The Public Prosecutor may, in respect of any request from a foreign
country for mutual assistance in any investigation or proceeding
commenced in that foreign country:
(a)
—_ grant the request, in whole or in part, on such terms and conditions
as he or she thinks fit; or
(b)
refuse according to the terms set out under sections 8, 9 and 10 of
the Mutual Assistance in Criminal Matters Act; or
(c) _ after consulting with the appropriate authority of the foreign
_ country, postpone the request, in whole or in part on the ground
that granting the request immediately would be likely to prejudice
the conduct of an investigation or proceeding in Vanuatu,
(3)
A mutual assistance request under this section is to be executed according
to the procedures specified by the foreign country, except where
incompatible with the laws of Vanuatu.
(4)
Prior to refusing or postponing assistance, the Public Prosecutor is to,
where appropriate after having consulted with the foreign country,
consider whether the request may be granted partially or subject to
conditions.
(5)
The Public Prosecutor is to immediately inform the foreign country of the
outcome of the execution of a request for mutual assistance.
(6)
In addition to subsection (5), the Public Prosecutor is to inform the foreign
country of any reasons:
(a) _ to render impossible the execution of the request; or
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