PART IV - MISCELLANEOUS

20. Privilege for foreign documents

(1) Subject to subsection (2), a document sent to the Central Authority by -

(a) a foreign State ; or
(b) an international criminal tribunal,
in accordance with a request made by the Central Authority under this Act shall be privileged.

(2) No person shall disclose the document referred to in subsection (1), or its purport, or the contents of the document, before the document, in compliance with the conditions on which it was so sent, is made public, or disclosed, in the course of and for the purpose of any proceedings.

(3) No person in possession of a document referred to in subsection (1), or a copy thereof, or who has knowledge of any information contained in the document, shall be required by any court or other person to produce the document or copy thereof or to give evidence relating to any information that is contained therein except for the purpose of any proceedings.

(4) Except to the extent required under this Act to execute a request by a foreign State or an international criminal tribunal, no person shall disclose –

(a) the fact that the request has been received ; or
(b) the contents of the request.

Article 93
Other forms of cooperation
8. (a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure
and Evidence.