'Costs' in document 'Austria: Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 1
General Provisions

10. Costs
1. The costs of executing requests made by the International Criminal Court shall be borne by the Republic of Austria, with the exception of the following:
(1) costs arising in connection with the surrender of persons in custody for the purposes of obtaining testimony under Article 93 of the Statute;
(2) the cost of translation, interpretation and transcription;
(3) the cost of expert opinions or reports requested by the Court;
(4) costs associated with the transport of a person being surrendered to the Court;
(5) following consultation, extraordinary costs that may result from the execution of a request.
2. The Federal Ministry of Justice may forgo claiming the costs in paragraph 1 above from the International Criminal Court where these are incidental or there are other valid grounds for so doing.
3. Paragraph 1 above shall apply to requests under paragraph 21 below on the understanding that the costs, without prejudice to the cases in paragraph 1, sub-paragraphs 1 to 5 above, are to be borne by the International Criminal Court.

Part 2
Specific provisions
Section 2

16. Summonses
3. At the request of the International Criminal Court, the Austrian court shall transfer an appropriate advance for travel costs to witnesses and experts summoned by the International Criminal Court who apply for it. Should the witness or expert fail to attend the trial at the International Criminal Court or otherwise fail to fulfil the obligations arising from the summons, such an advance shall be recovered.

Part 2
Specific provisions
Section 5

39. Costs
1. The ordinary costs of enforcement of sentences shall be borne by Austria.
2. Other costs, including the cost of surrender of the sentenced person from or to the Court or from one State of enforcement to another and the cost of expert opinions or reports requested by the International Criminal Court shall be borne by the International Criminal Court.

RELEVANT ROME STATUTE PROVISIONS

Article 100
Costs
1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:
(a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;
(b) Costs of translation, interpretation and transcription;
(c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;
(d) Costs of any expert opinion or report requested by the Court;
(e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and
(f) Following consultations, any extraordinary costs that may result from the execution of a request.
2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.