Part VII – Protection of National Security or Third Party Information

National Security

82. Part 9 request involving national security.
(1) If a request for assistance made under Part 9 of the Statute appears to concern the production of any documents or disclosure of evidence that would, in the opinion of the Minister, prejudice Uganda’s national security interests, that request shall be dealt with in accordance with the process specified in sections 85 and 86.

(2) If, having followed the specified process the matter is not able to be resolved, the Minister may refuse the request or decline to authorise the production of the documents or giving of the evidence, as the case may be.

83. Information or evidence involving national security.
(1) This section applies if a person who has been requested to give information or evidence—

(a) refuses to do so on the ground that disclosure would prejudice the national security interests of Uganda; or

(b) refers the matter to the Minister on the ground that disclosure would prejudice the national security interests.

(2) If this section applies, the Minister shall determine whether or not he or she is of the opinion that the giving of information or evidence would prejudice Uganda’s national security interests.

(3) If the Minister confirms that he or she is of the opinion that disclosure would prejudice Uganda’s national security interests, the matter shall be dealt with in accordance with the process specified in sections 85 and 86.

(4) If, having following the specified process, the matter has not been resolved, the Minister may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

Part III – General Provisions Relating to Requests for Assistance

20. Requests for assistance.
(1) This Part applies to a request by the ICC for assistance that is made under –

(a) Part 9 of the Statute, namely –

(iii) the taking of evidence, including testimony under oath and the production of evidence, expert opinions, and reports necessary to the ICC;

Part III – General Provisions Relating to Requests for Assistance

24. Response to be sent to ICC.


(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 V – Domestic Procedures for Other Types of Co-operation

Locating or Identifying Persons of Things

45. Production of documents and articles.
(1) Where the ICC requests assistance in the production of documents or articles under articles 19(8),56,64,or 93(1)b, of the Statute the Minister shall give authority for the request to proceed and transmit the request to a Registrar, if the Minister is satisfied that there are reasonable grounds to believe that the documents or articles can be produced in Uganda.

Part V – Domestic Procedures for Other Types of Co-operation

63. Transmission of material to ICC.
(1) Any evidence or other material obtained under this Part by a person other than the Minister together with any requisite verification shall be sent to the Minister for transmission to ICC.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court

Article 99
Execution of requests under articles 93 and 96
2. In the case of an urgent request, the documents or evidence produced in response shall, at
the request of the Court, be sent urgently.