PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24. (1) This Part applies to a request by the ICC for assistance that is made under—
(a) Part 9 of the Statute, namely—
(i) the provisional arrest, arrest and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction;
(ii) the identification and where¬abouts of persons or the location of items;
(iii) the taking of evidence, including testimony under oath and the production of evidence, expert opinions, and reports necessary to the ICC;
(iv) the questioning of any person being investigated or prosecuted;
(v) the service of documents, including judicial documents;
(vi) facilitating the voluntary appear¬ance of persons as witnesses or experts before the ICC;
(vii) the temporary transfer of prisoners;
(viii) the examination of places or sites, including the exhumation and examination of grave sites;
(ix) the execution of searches and seizures;

(x) the provision of records and documents, including official records and documents;
(xi) the protection of victims and witnesses and the preservation of evidence;
(xii) the identification, tracing and freezing, or seizure of proceeds, property and assets, and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(xiii) any other type of assistance that is not prohibited by the law of Trinidad and Tobago, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC; or
(b) any of the following articles of the Statute—
(i) article 19(8), which relates to various steps that the Prosecutor may take with the authority of the ICC;
(ii) article 56, which relates to various measures that can be taken by the Pre-Trial Chamber;
(iii) article 64, which relates to various measures that can be taken by the Trial Chamber;
(iv) article 76, which relates to the imposition of sentence by the Trial Chamber; or
(v) article 109 of the Statute, which relates to the enforcement of fines and forfeiture measures.

(2) Nothing in this section—
(a) limits the type of assistance that the ICC may request under the Statute or the Rules, whether in relation to the provision of infor¬mation or otherwise; or
(b) prevents the provision of assistance to the ICC otherwise than under this Act, including assistance of an informal nature.
25. (1) A request for assistance must be made through an authorized channel and—
(a) in the case of a request to which Part IV applies, be transmitted to the Attorney General; or
(b) in any other case, be transmitted to the Attorney General or a person authorized by the Attorney General to receive requests.
(2) For the purposes of subsection (1) and section 26(1), an authorized channel is—
(a) the diplomatic channel to the Minister to whom responsibility for foreign affairs is assigned; or
(b) any other appropriate channel that Trinidad and Tobago may designate at the time it ratifies the Statute or at any subse¬quent time in accordance with the Rules.
(3) This section is subject to section 26 which relates to urgent requests. Requests to be made through authorized channel

26. (1) In urgent cases a request for assistance, including a request for provisional arrest, may be—
(a) made using any medium capable of delivering a written record; or
(b) transmitted through the International Criminal Police Organization or any other appropriate regional organization, instead of through an authorized channel. Urgent requests

(2) If a request is made or transmitted in the first instance in the manner specified in subsection (1), it must be followed as soon as practicable by a formal request transmitted in the manner specified in section 25.
Execution of requests 27. (1) If the ICC makes a request for assistance, the request must be dealt with in accordance with the relevant procedure under the law of Trinidad and Tobago, as provided in this Act.
(2) If the request for assistance specifies that it should be executed in a particular manner that is not prohibited by Trinidad and Tobago law or by using a particular procedure that is not prohibited by Trinidad and Tobago law, the Attorney General, as the case may be, must use his best endeavours to ensure that the request is executed in that manner or using that procedure, as the case may be.

Consultation 28. (1) The Attorney General shall consult with the ICC, without delay, if—
(a) a request for assistance is received from the ICC that does not contain or is not accompanied by the appropriate informa¬tion or the appropriate documents specified in article 87, 91, 92, 93, or 96 of the Statute;
(b) the ICC has not provided sufficient information for a request for assistance to be executed;
(c) in the case of a request for surrender—
(i) the person sought cannot be located in Trinidad and Tobago;
(ii) it appears that the person in Trinidad and Tobago is clearly not the person named in the warrant or judgment, as the case may be;

(d) execution of a request for assistance in its current form would require the breach of an existing treaty obligation to another State; or
(e) for any other reason there are or may be difficulties with the execution of a request for assistance received from the ICC.
(2) Before refusing any request for assistance, the Attorney General shall consult with the ICC to ascertain whether the assistance sought could be provided—
(a) subject to conditions; or
(b) at a later date or in an alternative manner.
(3) Without limiting the types of conditions under which assistance may be provided, the Attorney General may agree to the transmission of documents or information to the Prosecutor on a confidential basis, on the condition that the Prosecutor will use them solely for the purpose of generating new evidence.
(4) If the Attorney General transmits documents or information subject to the condition specified in subsection (3), the Attorney General may subsequently consent to the disclosure of such documents or information for use as evidence under the provisions of Parts 5 and 6 of the Statute and in accordance with the Rules.
29. (1) A request for assistance and any documents supporting the request shall be kept confidential by the Trinidad and Tobago authorities who deal with the request, except to the extent that the disclosure is necessary for execution of the request.
(2) If the ICC requests that particular information that is made available with a request for assistance be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses, and their families, the Trinidad and Tobago authorities shall use their best endeavours to give effect to that request. Confidentiality of request

(3) In this section, the Trinidad and Tobago authorities are—
(a) the Attorney General;
(b) every police officer;
(c) every prison officer; and
(d) every employee of or contractor engaged by a Trinidad and Tobago agency that is authorized to deal with the request.
(4) Subsection (2) does not limit subsection (1).
30. (1) The Attorney General shall notify the ICC, without delay, of his response to a request for assistance and of the outcome of any action that has been taken in relation to it.
(2) If the Attorney General decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the reasons for the decision shall be set out in the notice to the ICC.
(3) If the request for assistance cannot be executed for any other reason, the reasons for the inability or failure to execute the request shall be set out in the notice to the ICC.
(4) In the case of an urgent request for assist¬ance, any documents or evidence produced in response shall, at the request of the ICC, be sent urgently to it.
(5) Documents or evidence provided or produced in response to a request for assistance from the ICC must be transmitted to the ICC in their original language and form.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Surrender and Temporary Surrender

47. (2) The Attorney General shall make a surrender order in respect of the person unless—

(c) he postpones the execution of a request for surrender in accordance with section 56; or

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

56. (1) The Attorney General may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if—
(a) a ruling on admissibility of the kind
specified in section 57(1), or 59(1) or 60 is
pending before the ICC;

(b) the request would interfere with an investigation or prosecution for a different offence against Trinidad and Tobago law, as provided in section 58; or
(c) a request of the kind referred to in section 66(1)(c) is made to the ICC.
(2) Even if a case is one to which subsection (1) applies, the Attorney General may decide not to post¬pone the execution of the request; and, in that event, the Attorney General may take such steps under this Part as may be appropriate in the circumstances, including making a surrender order with immediate effect under section 47 or with effect at a later date under section 48 or a temporary surrender order under section 49.
(3) If the Minister postpones the execution of the request, the postponement may be for a reasonable time and may, if the Attorney General considers it desirable, be extended from time to time.
(4) A decision by the Attorney General to postpone the execution of a request—
(a) does not limit or affect—
(i) the Court’s ability to accept notification of consent to the surrender; or
(ii) the ability to continue to detain a person under any warrant issued under this Part; and
(b) does not affect the validity of any act that has been done or any warrant or order made under this Part before the decision was made.
(5) If no decision on the execution of the request for surrender is made within six months after the date of the Attorney General’s decision to postpone the execution of the request, the person may apply to a Judge of the High Court to be discharged.

(6) If an application to be discharged is made under subsection (5), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Attorney General, unless sufficient cause is shown against the discharge—
(a) discharge any order made under this Act; or
(b) order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

58. (2) If this section applies, the Attorney General may, after consultation with the ICC—

(b) postpone the execution of the request until the Trinidad and Tobago investigation or proceedings have been finally disposed of.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

59. (2) If this section applies, the Attorney General may postpone the execution of the request for surrender until the ICC has made its determination on admissibility.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

60. (1) If the ICC is considering an admissibility challenge under article 18 or 19 of the Statute, other than a challenge of the kind referred to in section 57 or 59, the Attorney General may postpone the execution of a request under this Part pending a determination by the ICC.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

66. (2) If this section applies, the Attorney General may postpone the request for surrender until the ICC advises whether or not it intends to proceed with the request for surrender.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

115. (1) The Attorney General may postpone the execution of a request for assistance under this Part if—
(a) the execution of the request would interfere with an ongoing investigation or prosecution for a different offence and section 117 applies;
(b) a ruling on admissibility is pending before the ICC and section 118 applies;
(c) there are competing requests from the ICC and from another State to which Trinidad and Tobago is under an international obligation and section 119(2)(a) applies;
(d) the request is for assistance under article 93(1)(l) of the Statute and is one to which section 113(4) applies; or
(e) a request of the kind referred to in section 120(2)(c) is made to the ICC.
(2) Even if a case is one to which subsection (1) applies, the Attorney General may decide not to post¬pone the execution of the request, and in that event the request must be dealt with in accordance with this Part.
(3) If the Attorney General postpones the execu¬tion of a request for assistance under this Part, the postponement may be for a reasonable time and may, if the Attorney General considers it desirable, be extended from time to time.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

117. (1) If the immediate execution of a request by the ICC for assistance to which this Part applies would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the Attorney General may postpone the execution of the request for a period of time agreed between the Attorney General and the ICC.
(2) Notwithstanding section 115(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.
(3) Before making a decision to postpone the execution of a request, the Attorney General shall consider whether the assistance could be provided immediately subject to certain conditions.
(4) If the Attorney General decides to postpone the execution of a request and the ICC seeks assistance in the preservation of evidence under article 93(1)(j) of the Statute, the Attorney General shall deal with that request in accordance with this Part.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

118. (1) This section applies if the ICC is considering an admissibility challenge under article 18 or 19 of the Statute in respect of a case that a request to which this part applies.
(2) If the ICC has not made an order under article 18 or 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney General may postpone the execution of the request until the ICC’s determination on admissibility is issued.
(3) If the ICC has made an order under article 18 or 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney General may not postpone the execution of a request under this section but must deal with it under this Part.
(4) If the ICC determines that the case to which the request relates is admissible, the request shall be refused.

(5) If the ICC determines that the case to which the request relates is admissible, and there is no other ground for refusing or postponing the request, the request shall continue to be dealt with under this Part.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

120. (1) If a request by the ICC for assistance to which this Part applies concerns persons who, or infor¬mation or property that, are subject to the control of another State or an international organization under an international agreement, the Attorney General shall inform the ICC to enable it to direct its request to the other State or international organization.
(2) Subsections (3) to (5) apply if—
(a) the ICC makes a request for assistance;
(b) the ICC has not previously made a final determination on whether or not article 98(1) of the Statute applies to that request; and

(c) a request is made to the ICC to determine whether or not article 98(1) applies to the request for surrender.
(3) If this subsection applies, the Attorney General may postpone the request for assistance until the ICC advises whether or not it wishes to proceed with the request for assistance.
(4) If the ICC advises that it does not intend to proceed with the request, the request for assistance shall be refused.
(5) If the ICC advises that it intends to proceed with the request for assistance, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Miscellaneous

121. At any time before a formal response is sent to the ICC, the Attorney General may decide that a request by the ICC for assistance to which this Part applies will be refused or the execution of the request postponed, on a ground specified in section 114 or 115, even if the Attorney General has previously given authority for the request to proceed.

Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article 95
Postponement of execution of a request in respect of an admissibility challenge
Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.