Homework - Book: Forensic and Investigative Accounting Chapter 15

Appendices

Appendix

1 Council of Europe Convention on Cybercrime

Excerpt from the Council of Europe Convention on Cybercrime,

November 23, 2001, Budapest, Hungary. Excerpt contains the first

28 of 48 articles.

Convention on Cybercrime

Preamble The member States of the Council of Europe and the other States signatory hereto, Considering that

the aim of the Council of Europe is to achieve a greater unity between its members; Recognising the

value of fostering co-operation with the other States parties to this Convention; Convinced of the

need to pursue, as a matter of priority, a common criminal policy aimed at the protection of society

against cybercrime, inter alia by adopting appropriate legislation and fostering international co-

operation; Conscious of the profound changes brought about by the digitalisation, convergence and

continuing globalisation of computer networks; Concerned at the risk that computer networks and

electronic information may also be used for committing criminal offences and that evidence relating

to such offences may be stored and transferred by these networks; Recognising the need for co-

operation between States and private industry in combating cybercrime and the need to protect

legitimate interests in the use and development of information technologies; Believing that an

effective fight against cybercrime requires increased, rapid and well-functioning international co-

operation in criminal matters; Convinced that the present Convention is necessary to deter actions

directed against the confidentiality, integrity and availability of computer systems, networks and

computer data, as well as the misuse of such systems, networks and data, by providing for the

criminalisation of such conduct, as described in this Convention, and the adoption of powers

sufficient for effectively combating such criminal offences, by facilitating the detection, investigation

and prosecution of such criminal offences at both the domestic and international level, and by

providing arrangements for fast and reliable international co-operation; Mindful of the need to

ensure a proper balance between the interests of law enforcement and respect for fundamental

human rights, as enshrined in the 1950 Council of Europe Convention for the Protection of Human

Rights and Fundamental Freedoms, the 1966 United Nations International Covenant on Civil and

Political Rights, as well as other applicable international human rights treaties, which reaffirm the

right of everyone to hold opinions without interference, as well as the right to freedom of expression,

including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of

frontiers, and the rights concerning the respect for privacy; Mindful also of the protection of personal

data, as conferred e.g. by the 1981 Council of Europe Convention for the Protection of Individuals

with Regard to Automatic Processing of Personal Data; Considering the 1989 United Nations

Convention on the Rights of the Child and the 1999 International Labour Organization Worst Forms

of Child Labour Convention; Taking into account the existing Council of Europe conventions on co-

operation in the penal field as well as similar treaties which exist between Council of Europe

member States and other States and stressing that the present Convention is intended to

supplement those conventions in order to make criminal investigations and proceedings concerning

criminal offences related to computer systems and data more effective and to enable the collection

of evidence in electronic form of a criminal offence. Have agreed as follows: Chapter I – Use of

terms Article 1 – Definitions For the purposes of this Convention: “computer system” means any

device or a group of inter-connected or related devices, one or more of which, pursuant to a program,

performs automatic processing of data; “computer data” means any representation of facts,

information or concepts in a form suitable for processing in a computer system, including a program

suitable to cause a computer system to perform a function; “service provider” means: any public or

private entity that provides to users of its service the ability to communicate by means of a

computer system, and any other entity that processes or stores computer data on behalf of such

communication service or users of such service. “traffic data” means any computer data relating to

a communication by means of a computer system, generated by a computer system that formed a

part in the chain of communication, indicating the communication’s origin, destination, route, time,

date, size, duration, or type of underlying service. Chapter II – Measures to be taken at the national

level Section 1 – Substantive criminal law Title 1 – Offences against the confidentiality, integrity and

availability of computer data and systems Article 2 – Illegal access Each Party shall adopt such

legislative and other measures as may be necessary to establish as criminal offences under its

domestic law, when committed intentionally, the access to the whole or any part of a computer

system without right. A Party may require that the offence be committed by infringing security

measures, with the intent of obtaining computer data or other dishonest intent, or in relation to a

computer system that is connected to another computer system. Article 3 – Illegal interception Each

Party shall adopt such legislative and other measures as may be necessary to establish as criminal

offences under its domestic law, when committed intentionally, the interception without right, made

by technical means, of non-public transmissions of computer data to, from or within a computer

system, including electromagnetic emissions from a computer system carrying such computer data.

A Party may require that the offence be committed with dishonest intent, or in relation to a computer

system that is connected to another computer system. Article 4 – Data interference Each Party shall

adopt such legislative and other measures as may be necessary to establish as criminal offences

under its domestic law, when committed intentionally, the damaging, deletion, deterioration,

alteration or suppression of computer data without right. A Party may reserve the right to require

that the conduct described in paragraph 1 result in serious harm. Article 5 – System interference

Each Party shall adopt such legislative and other measures as may be necessary to establish as

criminal offences under its domestic law, when committed intentionally, the serious hindering

without right of the functioning of a computer system by inputting, transmitting, damaging, deleting,

deteriorating, altering or suppressing computer data. Article 6 – Misuse of devices Each Party shall

adopt such legislative and other measures as may be necessary to establish as criminal offences

under its domestic law, when committed intentionally and without right: the production, sale,

procurement for use, import, distribution or otherwise making available of: a device, including a

computer program, designed or adapted primarily for the purpose of committing any of the offences

established in accordance with Article 2 – 5; a computer password, access code, or similar data by

which the whole or any part of a computer system is capable of being accessed with intent that it be

used for the purpose of committing any of the offences established in Articles 2 - 5; and the

possession of an item referred to in paragraphs (a)(1) or (2) above, with intent that it be used for the

purpose of committing any of the offences established in Articles 2 – 5. A Party may require by law

that a number of such items be possessed before criminal liability attaches. This article shall not be

interpreted as imposing criminal liability where the production, sale, procurement for use, import,

distribution or otherwise making available or possession referred to in paragraph 1 of this Article is

not for the purpose of committing an offence established in accordance with articles 2 through 5 of

this Convention, such as for the authorised testing or protection of a computer system. Each Party

may reserve the right not to apply paragraph 1 of this Article, provided that the reservation does not

concern the sale, distribution or otherwise making available of the items referred to in paragraph 1

(a) (2). Title 2 – Computer-related offences Article 7 – Computer-related forgery Each Party shall

adopt such legislative and other measures as may be necessary to establish as criminal offences

under its domestic law, when committed intentionally and without right, the input, alteration, deletion,

or suppression of computer data, resulting in inauthentic data with the intent that it be considered or

acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly

readable and intelligible. A Party may require an intent to defraud, or similar dishonest intent, before

criminal liability attaches. Article 8 – Computer-related fraud Each Party shall adopt such legislative

and other measures as may be necessary to establish as criminal offences under its domestic law,

when committed intentionally and without right, the causing of a loss of property to another by: any

input, alteration, deletion or suppression of computer data, any interference with the functioning of a

computer system, with fraudulent or dishonest intent of procuring, without right, an economic

benefit for oneself or for another. Title 3 – Content-related offences Article 9 – Offences related to

child pornography Each Party shall adopt such legislative and other measures as may be necessary

to establish as criminal offences under its domestic law, when committed intentionally and without

right, the following conduct: producing child pornography for the purpose of its distribution through a

computer system; offering or making available child pornography through a computer system;

distributing or transmitting child pornography through a computer system; procuring child

pornography through a computer system for oneself or for another; possessing child pornography in

a computer system or on a computer-data storage medium. For the purpose of paragraph 1 above

“child pornography” shall include pornographic material that visually depicts: a minor engaged in

sexually explicit conduct; a person appearing to be a minor engaged in sexually explicit conduct;

realistic images representing a minor engaged in sexually explicit conduct. For the purpose of

paragraph 2 above, the term “minor” shall include all persons under 18 years of age. A Party may,

however, require a lower age-limit, which shall be not less than 16 years. Each Party may reserve the

right not to apply, in whole or in part, paragraph 1(d) and 1(e), and 2(b) and 2(c). Title 4 – Offences

related to infringements of copyright and related rights Article 10 – Offences related to

infringements of copyright and related rights Each Party shall adopt such legislative and other

measures as may be necessary to establish as criminal offences under its domestic law the

infringement of copyright, as defined under the law of that Party pursuant to the obligations it has

undertaken under the Paris Act of 24 July 1971 of the Bern Convention for the Protection of Literary

and Artistic Works, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the

WIPO Copyright Treaty, with the exception of any moral rights conferred by such Conventions, where

such acts are committed wilfully, on a commercial scale and by means of a computer system. Each

Party shall adopt such legislative and other measures as may be necessary to establish as criminal

offences under its domestic law the infringement of related rights, as defined under the law of that

Party, pursuant to the obligations it has undertaken under the International Convention for the

Protection of Performers, Producers of Phonograms and Broadcasting Organisations done in Rome

(Rome Convention), the Agreement on Trade-Related Aspects of Intellectual Property Rights and the

WIPO Performances and Phonograms Treaty, with the exception of any moral rights conferred by

such Conventions, where such acts are committed wilfully, on a commercial scale and by means of

a computer system. A Party may reserve the right not to impose criminal liability under paragraphs 1

and 2 of this article in limited circumstances, provided that other effective remedies are available

and that such reservation does not derogate from the Party’s international obligations set forth in

the international instruments referred to in paragraphs 1 and 2 of this article. Title 5 – Ancillary

liability and sanctions Article 11 – Attempt and aiding or abetting Each Party shall adopt such

legislative and other measures as may be necessary to establish as criminal offences under its

domestic law, when committed intentionally, aiding or abetting the commission of any of the

offences established in accordance with Articles 2 – 10 of the present Convention with intent that

such offence be committed. Each Party shall adopt such legislative and other measures as may be

necessary to establish as criminal offences under its domestic law, when committed intentionally,

an attempt to commit any of the offences established in accordance with Articles 3 through 5, 7, 8, 9

(1) a and 9 (1) c of this Convention. Each Party may reserve the right not to apply, in whole or in part,

paragraph 2 of this article. Article 12 – Corporate liability Each Party shall adopt such legislative and

other measures as may be necessary to ensure that a legal person can be held liable for a criminal

offence established in accordance with this Convention, committed for its benefit by any natural

person, acting either individually or as part of an organ of the legal person, who has a leading

position within the legal person, based on: a power of representation of the legal person; an authority

to take decisions on behalf of the legal person; an authority to exercise control within the legal

person. Apart from the cases already provided for in paragraph 1, each Party shall take the

measures necessary to ensure that a legal person can be held liable where the lack of supervision or

control by a natural person referred to in paragraph 1 has made possible the commission of a

criminal offence established in accordance with this Convention for the benefit of that legal person

by a natural person acting under its authority. Subject to the legal principles of the Party, the liability

of a legal person may be criminal, civil or administrative. Such liability shall be without prejudice to

the criminal liability of the natural persons who have committed the offence. Article 13 – Sanctions

and measures Each Party shall adopt such legislative and other measures as may be necessary to

ensure that the criminal offences established in accordance with Articles 2 – 11 are punishable by

effective, proportionate and dissuasive sanctions, which include deprivation of liberty. Each Party

shall ensure that legal persons held liable in accordance with Article 12 shall be subject to effective,

proportionate and dissuasive criminal or non-criminal sanctions or measures, including monetary

sanctions. Section 2 – Procedural law Title 1 – Common provisions Article 14 – Scope of procedural

provisions Each Party shall adopt such legislative and other measures as may be necessary to

establish the powers and procedures provided for in this Section for the purpose of specific criminal

investigations or proceedings. Except as specifically otherwise provided in Article 21, each Party

shall apply the powers and procedures referred to in paragraph 1 to: the criminal offences

established in accordance with articles 2-11 of this Convention; other criminal offences committed

by means of a computer system; and the collection of evidence in electronic form of a criminal

offence. a. Each Party may reserve the right to apply the measures referred to in Article 20 only to

offences or categories of offences specified in the reservation, provided that the range of such

offences or categories of offences is not more restricted than the range of offences to which it

applies the measures referred to in Article 21. Each Party shall consider restricting such a

reservation to enable the broadest application of the measure referred to in Article 20. Where a

Party, due to limitations in its legislation in force at the time of the adoption of the present

Convention, is not able to apply the measures referred to in Articles 20 and 21 to communications

being transmitted within a computer system of a service provider, which system is being operated

for the benefit of a closed group of users, and does not employ public communications networks

and is not connected with another computer system, whether public or private, that Party may

reserve the right not to apply these measures to such communications. Each Party shall consider

restricting such a reservation to enable the broadest application of the measures referred to in

Articles 20 and 21. Article 15 – Conditions and safeguards Each Party shall ensure that the

establishment, implementation and application of the powers and procedures provided for in this

Section are subject to conditions and safeguards provided for under its domestic law, which shall

provide for the adequate protection of human rights and liberties, including rights arising pursuant to

obligations it has undertaken under the 1950 Council of Europe Convention for the Protection of

Human Rights and Fundamental Freedoms, the 1966 United Nations International Covenant on Civil

and Political Rights, and other applicable international human rights instruments, and which shall

incorporate the principle of proportionality. Such conditions and safeguards shall, as appropriate in

view of the nature of the power or procedure concerned, inter alia, include judicial or other

independent supervision, grounds justifying application, and limitation on the scope and the duration

of such power or procedure. To the extent that it is consistent with the public interest, in particular

the sound administration of justice, a Party shall consider the impact of the powers and procedures

in this Section upon the rights, responsibilities and legitimate interests of third parties. Title 2 -

Expedited preservation of stored computer data Article 16 – Expedited preservation of stored

computer data Each Party shall adopt such legislative and other measures as may be necessary to

enable its competent authorities to order or similarly obtain the expeditious preservation of specified

computer data, including traffic data, that has been stored by means of a computer system, in

particular where there are grounds to believe that the computer data is particularly vulnerable to loss

or modification. Where a Party gives effect to paragraph 1 above by means of an order to a person

to preserve specified stored computer data in the person’s possession or control, the Party shall

adopt such legislative and other measures as may be necessary to oblige that person to preserve

and maintain the integrity of that computer data for a period of time as long as necessary, up to a

maximum of 90 days, to enable the competent authorities to seek its disclosure. A Party may

provide for such an order to be subsequently renewed. Each Party shall adopt such legislative or

other measures as may be necessary to oblige the custodian or other person who is to preserve the

computer data to keep confidential the undertaking of such procedures for the period of time

provided for by its domestic law. The powers and procedures referred to in this article shall be

subject to Articles 14 and 15. Article 17 – Expedited preservation and partial disclosure of traffic

data Each Party shall adopt, in respect of traffic data that is to be preserved under Article 16, such

legislative and other measures as may be necessary to: ensure that such expeditious preservation of

traffic data is available regardless of whether one or more service providers were involved in the

transmission of that communication; and ensure the expeditious disclosure to the Party’s competent

authority, or a person designated by that authority, of a sufficient amount of traffic data to enable the

Party to identify the service providers and the path through which the communication was

transmitted. The powers and procedures referred to in this article shall be subject to Articles 14 and

15. Title 3 – Production order Article 18 – Production order Each Party shall adopt such legislative

and other measures as may be necessary to empower its competent authorities to order: a person in

its territory to submit specified computer data in that person’s possession or control, which is stored

in a computer system or a computer-data storage medium; and a service provider offering its

services in the territory of the Party to submit subscriber information relating to such services in that

service provider’s possession or control; The powers and procedures referred to in this article shall

be subject to Articles 14 and 15. For the purpose of this article, “subscriber information” means any

information, contained in the form of computer data or any other form, that is held by a service

provider, relating to subscribers of its services, other than traffic or content data, by which can be

established: the type of the communication service used, the technical provisions taken thereto and

the period of service; the subscriber’s identity, postal or geographic address, telephone and other

access number, billing and payment information, available on the basis of the service agreement or

arrangement; any other information on the site of the installation of communication equipment

available on the basis of the service agreement or arrangement. Title 4 – Search and seizure of

stored computer data Article 19 – Search and seizure of stored computer data Each Party shall

adopt such legislative and other measures as may be necessary to empower its competent

authorities to search or similarly access: a computer system or part of it and computer data stored

therein; and computer-data storage medium in which computer data may be stored in its territory.

Each Party shall adopt such legislative and other measures as may be necessary to ensure that

where its authorities search or similarly access a specific computer system or part of it, pursuant to

paragraph 1 (a), and have grounds to believe that the data sought is stored in another computer

system or part of it in its territory, and such data is lawfully accessible from or available to the initial

system, such authorities shall be able to expeditiously extend the search or similar accessing to the

other system. Each Party shall adopt such legislative and other measures as may be necessary to

empower its competent authorities to seize or similarly secure computer data accessed according

to paragraphs 1 or 2. These measures shall include the power to : seize or similarly secure a

computer system or part of it or a computer-data storage medium; make and retain a copy of those

computer data; maintain the integrity of the relevant stored computer data; and render inaccessible

or remove those computer data in the accessed computer system. Each Party shall adopt such

legislative and other measures as may be necessary to empower its competent authorities to order

any person who has knowledge about the functioning of the computer system or measures applied

to protect the computer data therein to provide, as is reasonable, the necessary information, to

enable the undertaking of the measures referred to in paragraphs 1 and 2. The powers and

procedures referred to in this article shall be subject to Articles 14 and 15. Title 5 – Real-time

collection of computer data Article 20 – Real-time collection of traffic data Each Party shall adopt

such legislative and other measures as may be necessary to empower its competent authorities to:

collect or record through application of technical means on the territory of that Party, and compel a

service provider, within its existing technical capability, to: collect or record through application of

technical means on the territory of that Party, or co-operate and assist the competent authorities in

the collection or recording of, traffic data, in real-time, associated with specified communications in

its territory transmitted by means of a computer system. Where a Party, due to the established

principles of its domestic legal system, cannot adopt the measures referred to in paragraph 1 (a), it

may instead adopt legislative and other measures as may be necessary to ensure the real-time

collection or recording of traffic data associated with specified communications in its territory

through application of technical means on that territory. Each Party shall adopt such legislative and

other measures as may be necessary to oblige a service provider to keep confidential the fact of and

any information about the execution of any power provided for in this Article. The powers and

procedures referred to in this article shall be subject to Articles 14 and 15. Article 21 – Interception

of content data Each Party shall adopt such legislative and other measures as may be necessary, in

relation to a range of serious offences to be determined by domestic law, to empower its competent

authorities to: collect or record through application of technical means on the territory of that Party,

and compel a service provider, within its existing technical capability, to: collect or record through

application of technical means on the territory of that Party, or co-operate and assist the competent

authorities in the collection or recording of, content data, in real-time, of specified communications

in its territory transmitted by means of a computer system. Where a Party, due to the established

principles of its domestic legal system, cannot adopt the measures referred to in paragraph 1 (a), it

may instead adopt legislative and other measures as may be necessary to ensure the real-time

collection or recording of content data of specified communications in its territory through

application of technical means on that territory. Each Party shall adopt such legislative and other

measures as may be necessary to oblige a service provider to keep confidential the fact of and any

information about the execution of any power provided for in this Article. The powers and

procedures referred to in this article shall be subject to Articles 14 and 15. Section 3 – Jurisdiction

Article 22 – Jurisdiction Each Party shall adopt such legislative and other measures as may be

necessary to establish jurisdiction over any offence established in accordance with Articles 2 – 11

of this Convention, when the offence is committed : in its territory; or on board a ship flying the flag

of that Party; or on board an aircraft registered under the laws of that Party; or by one of its

nationals, if the offence is punishable under criminal law where it was committed or if the offence is

committed outside the territorial jurisdiction of any State. Each Party may reserve the right not to

apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraphs

(1) b – (1) d of this article or any part thereof. Each Party shall adopt such measures as may be

necessary to establish jurisdiction over the offences referred to in Article 24, paragraph (1) of this

Convention, in cases where an alleged offender is present in its territory and it does not extradite

him/her to another Party, solely on the basis of his/her nationality, after a request for extradition.

This Convention does not exclude any criminal jurisdiction exercised in accordance with domestic

law. When more than one Party claims jurisdiction over an alleged offence established in

accordance with this Convention, the Parties involved shall, where appropriate, consult with a view to

determining the most appropriate jurisdiction for prosecution. Chapter III – International co-

operation Section 1 – General principles Title 1 – General principles relating to international co-

operation Article 23 – General principles relating to international co-operation The Parties shall co-

operate with each other, in accordance with the provisions of this chapter, and through application

of relevant international instruments on international co-operation in criminal matters, arrangements

agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent

possible for the purposes of investigations or proceedings concerning criminal offences related to

computer systems and data, or for the collection of evidence in electronic form of a criminal

offence. Title 2 – Principles relating to extradition Article 24 – Extradition a. This article applies to

extradition between Parties for the criminal offences established in accordance with Articles 2 – 11

of this Convention, provided that they are punishable under the laws of both Parties concerned by

deprivation of liberty for a maximum period of at least one year, or by a more severe penalty. Where

a different minimum penalty is to be applied under an arrangement agreed on the basis of uniform or

reciprocal legislation or an extradition treaty, including the European Convention on Extradition (ETS

No. 24), applicable between two or more parties, the minimum penalty provided for under such

arrangement or treaty shall apply. The criminal offences described in paragraph 1 of this Article shall

be deemed to be included as extraditable offences in any extradition treaty existing between or

among the Parties. The Parties undertake to include such offences as extraditable offences in any

extradition treaty to be concluded between or among them. If a Party that makes extradition

conditional on the existence of a treaty receives a request for extradition from another Party with

which it does not have an extradition treaty, it may consider this Convention as the legal basis for

extradition with respect to any criminal offence referred to in paragraph 1 of this article. Parties that

do not make extradition conditional on the existence of a treaty shall recognise the criminal offences

referred to in paragraph 1 of this article as extraditable offences between themselves. Extradition

shall be subject to the conditions provided for by the law of the requested Party or by applicable

extradition treaties, including the grounds on which the requested Party may refuse extradition. If

extradition for a criminal offence referred to in paragraph 1 of this article is refused solely on the

basis of the nationality of the person sought, or because the requested Party deems that it has

jurisdiction over the offence, the requested Party shall submit the case at the request of the

requesting Party to its competent authorities for the purpose of prosecution and shall report the final

outcome to the requesting Party in due course. Those authorities shall take their decision and

conduct their investigations and proceedings in the same manner as in the case of any other offence

of a comparable nature under the law of that Party. a. Each Party shall, at the time of signature or

when depositing its instrument of ratification, acceptance, approval or accession, communicate to

the Secretary General of the Council of Europe the name and addresses of each authority

responsible for the making to or receipt of a request for extradition or provisional arrest in the

absence of a treaty. The Secretary General of the Council of Europe shall set up and keep updated a

register of authorities so designated by the Parties. Each Party shall ensure that the details held on

the register are correct at all times. Title 3 – General principles relating to mutual assistance Article

25 – General principles relating to mutual assistance The Parties shall afford one another mutual

assistance to the widest extent possible for the purpose of investigations or proceedings concerning

criminal offences related to computer systems and data, or for the collection of evidence in

electronic form of a criminal offence. Each Party shall also adopt such legislative and other

measures as may be necessary to carry out the obligations set forth in Articles 27 - 35. Each Party

may, in urgent circumstances, make requests for mutual assistance or communications related

thereto by expedited means of communications, including fax or e-mail, to the extent that such

means provide appropriate levels of security and authentication (including the use of encryption,

where necessary), with formal confirmation to follow, where required by the requested Party. The

requested Party shall accept and respond to the request by any such expedited means of

communication. Except as otherwise specifically provided in Articles in this Chapter, mutual

assistance shall be subject to the conditions provided for by the law of the requested Party or by

applicable mutual assistance treaties, including the grounds on which the requested Party may

refuse co-operation. The requested Party shall not exercise the right to refuse mutual assistance in

relation to the offences referred to in Articles 2 to 11 solely on the ground that the request concerns

an offence which it considers a fiscal offence. Where, in accordance with the provisions of this

chapter, the requested Party is permitted to make mutual assistance conditional upon the existence

of dual criminality, that condition shall be deemed fulfilled, irrespective of whether its laws place the

offence within the same category of offence or denominates the offence by the same terminology

as the requesting Party, if the conduct underlying the offence for which assistance is sought is a

criminal offence under its laws. Article 26 – Spontaneous information A Party may, within the limits

of its domestic law, without prior request, forward to another Party information obtained within the

framework of its own investigations when it considers that the disclosure of such information might

assist the receiving Party in initiating or carrying out investigations or proceedings concerning

criminal offences established in accordance with this Convention or might lead to a request for co-

operation by that Party under this chapter. Prior to providing such information, the providing Party

may request that it be kept confidential or used subject to conditions. If the receiving Party cannot

comply with such request, it shall notify the providing Party, which shall then determine whether the

information should nevertheless be provided. If the receiving Party accepts the information subject

to the conditions, it shall be bound by them. Title 4 – Procedures pertaining to mutual assistance

requests in the absence of applicable international agreements Article 27 – Procedures pertaining to

mutual assistance requests in the absence of applicable international agreements Where there is no

mutual assistance treaty or arrangement on the basis of uniform or reciprocal legislation in force

between the requesting and requested Parties, the provisions of paragraphs 2 through 9 of this

article shall apply. The provisions of this article shall not apply where such treaty, arrangement or

legislation is available, unless the Parties concerned agree to apply any or all of the remainder of this

article in lieu thereof. a. Each Party shall designate a central authority or authorities that shall be

responsible for sending and answering requests for mutual assistance, the execution of such

requests, or the transmission of them to the authorities competent for their execution. The central

authorities shall communicate directly with each other. Each Party shall, at the time of signature or

when depositing its instrument of ratification, acceptance, approval or accession, communicate to

the Secretary General of the Council of Europe the names and addresses of the authorities

designated in pursuance of this paragraph. The Secretary General of the Council of Europe shall set

up and keep updated a register of central authorities so designated by the Parties. Each Party shall

ensure that the details held on the register are correct at all times. Mutual assistance requests under

this Article shall be executed in accordance with the procedures specified by the requesting Party

except where incompatible with the law of the requested Party. The requested Party may, in addition

to grounds for refusal available under Article 25, paragraph (4), refuse assistance if: the request

concerns an offence which the requested Party considers a political offence or an offence

connected with a political offence; or it considers that execution of the request is likely to prejudice

its sovereignty, security, ordre public or other essential interests. The requested Party may postpone

action on a request if such action would prejudice criminal investigations or proceedings conducted

by its authorities. Before refusing or postponing assistance, the requested Party shall, where

appropriate after having consulted with the requesting Party, consider whether the request may be

granted partially or subject to such conditions as it deems necessary. The requested Party shall

promptly inform the requesting Party of the outcome of the execution of a request for assistance. If

the request is refused or postponed, reasons shall be given for the refusal or postponement. The

requested Party shall also inform the requesting Party of any reasons that render impossible the

execution of the request or are likely to delay it significantly. The requesting Party may request that

the requested Party keep confidential the fact and substance of any request made under this

Chapter except to the extent necessary to execute the request. If the requested Party cannot comply

with the request for confidentiality, it shall promptly inform the requesting Party, which shall then

determine whether the request should nevertheless be executed. a. In the event of urgency, requests

for mutual assistance or communications related thereto may be sent directly by judicial authorities

of the requesting Party to such authorities of the requested Party. In any such cases a copy shall be

sent at the same time to the central authority of the requested Party through the central authority of

the requesting Party. Any request or communication under this paragraph may be made through the

International Criminal Police Organisation (Interpol). Where a request is made pursuant to

subparagraph (a) and the authority is not competent to deal with the request, it shall refer the

request to the competent national authority and inform directly the requesting Party that it has done

so. Requests or communications made under this paragraph that do not involve coercive action may

be directly transmitted by the competent authorities of the requesting Party to the competent

authorities of the requested Party. Each Party may, at the time of signature or when depositing its

instrument of ratification, acceptance, approval or accession inform the Secretary General of the

Council of Europe that, for reasons of efficiency, requests made under this paragraph are to be

addressed to its central authority. Article 28 – Confidentiality and limitation on use When there is no

mutual assistance treaty or arrangement on the basis of uniform or reciprocal legislation in force

between the requesting and the requested Parties, the provisions of this article shall apply. The

provisions of this article shall not apply where such treaty, arrangement or legislation, is available

unless the Parties concerned agree to apply any or all of the remainder of this article in lieu thereof.

The requested Party may make the furnishing of information or material in response to a request

dependent on the condition that it is: kept confidential where the request for mutual legal assistance

could not be complied with in the absence of such condition, or not used for investigations or

proceedings other than those stated in the request. If the requesting Party cannot comply with a

condition referred to in paragraph 2, it shall promptly inform the other Party, which shall then

determine whether the information is nevertheless provided. When the requesting Party accepts the

condition, it shall be bound by it. Any Party that furnishes information or material subject to a

condition referred to in paragraph 2 may require the other Party to explain, in relation to that

condition, the use made of such information or material.