A/AC.291/L.15 (d) Any available information identifying the custodian of the stored electronic data or the location of the information and communications technology system; (e) The necessity of the preservation; (f) That the requesting State Party intends to submit a request for mutual legal assistance in the search or similar access, seizure or similar securing, or disclosure of the stored electronic data; (g) As appropriate, the need to keep the request for preservation confidential and not to notify the user. [agreed ad referendum] 4. Upon receiving the request from another State Party, the requested State Party shall take all appropriate measures to preserve expeditiously the specified electronic data in accordance with its domestic law. For the purposes of responding to a request, dual criminality shall not be required as a condition for providing such preservation. [agreed ad referendum] 5. A State Party that requires dual criminality as a condition for responding to a request for mutual legal assistance in the search or similar access, seizure or similar securing, or disclosure of stored electronic data may, in respect of offences other t han those established in accordance with this Convention, reserve the right to refuse the request for preservation under this article in cases where it has reasons to believe that, at the time of disclosure, the condition of dual criminality could not be f ulfilled. [agreed ad referendum] 6. In addition, a request for preservation may be refused only on the basis of the grounds contained in article 40, paragraph 21 (b) and (c) and paragraph 22, of this Convention. 7. Where the requested State Party believes that preservation will not ensure the future availability of the data or will threaten the confidentiality of or otherwise prejudice the requesting State Party’s investigation, it shall promptly so inform the requesting State Party, which shall then determine whether the request should nevertheless be executed. [agreed ad referendum] 8. Any preservation effected in response to a request made pursuant to paragraph 1 of this article shall be for a period of not less than 60 days, in order to enable the requesting State Party to submit a request for the search or similar access, seizure or similar securing, or disclosure of the data. Following the receipt of such a request, the data shall continue to be preserved pending a decision on that request. [agreed ad referendum] 9. Before the expiry of the preservation period in paragraph 8 of this article, the requesting State Party may request an extension of the period of preservation. [ agreed ad referendum] Article 43. International cooperation for the purpose of expedited disclosure of preserved traffic data 1. Where, in the course of the execution of a request made pursuant to article 42 of this Convention to preserve traffic data concerning a specific communication, the requested State Party discovers that a service provider in another State Party was involved in the transmission of the communication, the requested State Party shall expeditiously disclose to the requesting State Party a sufficient amount of traffic data to identify that service provider and the path through which the communication was transmitted. [agreed ad referendum] 2. Disclosure of traffic data under paragraph 1 of this article may be refused only on the basis of the grounds contained in article 40, paragraph 21 (b) and (c) and paragraph 22, of this Convention. V.24-14137 27/41