PART VIII
PROTECTION OF NATIONAL SECURITY OR THIRD PARTY INFORMATION

Information Provided by Third Party

164. (1) If the ICC requests the provision of a document or information that was provided or disclosed to Trinidad and Tobago in confidence by another State, inter-governmental organization, or international organization, the Attorney General shall seek the consent of the originator before providing that document or information to the ICC.

165. (1) If a request is received from another State for Trinidad and Tobago’s consent to the disclosure to the ICC of a document or information that had been disclosed to the State in confidence, the Attorney General shall either—
(a) consent to the disclosure; or
(b) undertake to resolve the matter with the ICC.
(2) The provision of an undertaking under subsection (1)(b) does not prevent the Attorney General from refusing the assistance sought in accordance with section 164(4).


(2) If the originator is a State Party that consents to disclosure of the information or document, the Attorney General shall, subject to article 72 of the Statute, provide that information or document to the ICC.
(3) If the originator is a State Party that undertakes to resolve the issue of disclosure with the ICC under article 73, the Attorney General shall inform the ICC of that undertaking.
(4) If the originator is not a State Party and refuses to consent to disclosure, the Attorney General shall inform the ICC that he is unable to provide the document or information because of an existing obligation of confidentiality to the originator.

Article 73
Third-party information or documents
If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.