Projet

-14-

ARTICLE 11

EXCEPTIONS TO THE OBLIGATION TO PROVIDE ASSISTANCE

1. The requested Administration may refuse to provide assistance, may withhold assistance,

or may grant assistance subject to the satisfaction of certain conditions, where providing assistance may:

a. prejudice the sovereignty of the Contracting Party; or

b. prejudice public policy, the security or other substantive national interests of the Contracting Party; or

c. be inconsistent with the domestic laws and regulations of the Contracting Party.

2. The requested Administration may also refuse to provide assistance where the requested

assistance is outside the scope of this Agreement, as defined in Article 2.

3. The requested Administration may postpone assistance on the ground that it will interfere

with an ongoing investigation, prosecution, or proceeding. In such instance, the requested Administration shall consult with the requesting Administration to determine if assistance can be given subject to such terms or conditions as the requested Administration may require.

4. If the requesting Administration would be unable to comply if a similar request were

made by the requested Administration, it shall draw attention to that fact in its request. Compliance with such a request shall be at the discretion of the requested Administration.

5. If assistance is refused, the decision and the reasons for the refusal must be provided to

the requesting Administration without delay.