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Article 46. Procedures of sending requests for mutual assistance in the
absence of applicable international agreements
1.
In case of absence of an existing mutual legal assistance treaty or
agreement between the requesting and requested State Party, the provisions of
paragraphs 2 to 8 of this Article shall be applied. If such treaty or agreement
does exist, the provisions of this Article shall not be applied unless the States
Parties concerned agree to apply in lieu thereof any or all of the following
provisions of this Article.
2.
(a)
Each State Party shall designate a central authority or authorities
that shall send requests for mutual legal assistance and respond to them, grant
such requests or transfer them to the competent authorities;
(b)
Central or other authorities referred to in subparagraph (a) shall
communicate directly with each other;
(c)
Each State Party at the time of signature of this Convention or
depositing its instrument of ratification or its instrument of acceptance, approval
or accession shall inform the Secretary General of the United Nations of the
names and addresses of the authorities designated in accordance with this
paragraph;
(d)
The Secretary General of the United Nations shall compile and
keep permanently updated the register of central authorities designated by the
States Parties. Each State Party shall ensure that this register always contains
reliable data.
3.
When granting a request for mutual legal assistance, the requested
authority shall apply the law of its State. If asked by the requesting authority,
the legal procedures of the requesting State may be applied if they do not
contradict the legislation of the requested State Party.
4.
The requested State Party may, in addition to the grounds for refusal
provided for in Article 43, paragraph 4, refuse legal assistance if: