Vorlage

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ARTICLE 10

CONFIDENTIALITY AND USE OF INFORMATION

1. Information obtained shall be used solely for the purposes specified in this Agreement.

Any information communicated in whatever form pursuant to this Agreement shall be of a confidential nature, unless otherwise stated. The requesting Administration shall provide protection from disclosure, to the fullest extent possible, equivalent to the

protection afforded by the requested Administration to similar information.

2. Paragraph 1 shall not impede the use of information in any judicial or administrative

proceedings instituted for customs offenses. The Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Agreement. The requested Administration shall be notified of any such intended use without delay.

3. Subject to Paragraph 1 of this Article, where one of the Contracting Parties requests the

use of such information for other purposes or by other authorities or the disclosure of such information, it shall request the prior written consent of the requested

Administration. Such use shall then be subject to any restrictions laid down by that Administration. Because safety and privacy of persons named or identified by the

information is a shared concern, the requesting Administration shall ensure that items of information that are to be disclosed shall be limited to what supports the specific purpose of the disclosure concerned, and that personal data can only be used, treated, or stored for the purpose for which it was requested.

4. The requesting Contracting Party may disclose, in a criminal proceeding, information

material to a defendant's innocence or the credibility of witnesses testifying against a defendant, as required by the Constitution and domestic law of the requesting Contracting Party. The requesting Contracting Party shall notify the requested Contracting Party in