PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

32. State or Diplomatic immunity -

(3) If the Minister is of the opinion that a request for provisional arrest or arrest and surrender would require Samoa to act inconsistently with its obligations under an international agreement with a state which is not a party to the Statute pursuant to which the consent of the sending state is required to surrender a person of that State to the ICC, the Minister shall consult with the ICC and request a determination as to whether article 98(2) of the Statute applies.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

38. Refusal of request for arrest and surrender -

(1) The Minister shall refuse a request for arrest and surrender, at any time before the surrender of the person, only if –

(b) the ICC advises that it does not intend to proceed with the request for any reason, including but not limited to a determination by the ICC that article 98 of the Statute applies to the execution of the request.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

39. Postponement of execution of request for arrest and surrender -

(1) The Minister may postpone the execution of a request for arrest and surrender at any time before the surrender of the person only if –

(c) the Minister is consulting with the ICC under section 32 as to whether or not article 98 of the Statute applies to the execution of the request.

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.