'Obligation to inform the Court of reasons for denial of assistance' in document 'Mauritius - Mutual Assistance Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II - REQUESTS

5. Request to Mauritius

(6) Where the Central Authority refuses a request, either in whole or in part, he shall so inform the foreign State or the international criminal tribunal.

PART III - FORMS OF MUTUAL ASSISTANCE

6. Procedure for an evidence-gathering order or a search warrant

(8) (a) Where a person refuses to answer a question or to produce a document or article pursuant to subsection (7)(b) or (c), the Central Authority shall notify the foreign State and request the foreign State to provide a written statement on whether the person’s refusal was well-founded under the law of the foreign State.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.