PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE
75. Refusal of request -
(1) The Minister shall refuse a request for assistance under this Part only if -
(a) the ICC has determined that the case to which the request relates is inadmissible on any ground;
(b) the ICC advises that it does not intend to proceed with the request for any reason, including but not limited to a determination of the ICC that article
98(1) of the Statute applies to the execution of the request;
(c) the assistance sought is outside the listed types of assistance set out in article 93 (1) and the provision of the assistance is prohibited by the law of Samoa and the ICC does not accept the conditions, as contemplated by article 93 (5) of the Statute, subject to which the Minister was willing to provide the assistance; or
(d) the execution of a particular measure of assistance is prohibited in Samoa on the basis of an existing fundamental legal principle of general application and the ICC does not accept the conditions, as contemplated by article 93 (5) of the Statute, subject to which the Minister was willing to provide the assistance.
(2) The Minister may refuse a request for assistance under this Part of this Act only if -
(a) there are competing requests for assistance from the ICC and a state and the Minister has decided, in consultation with the ICC and the state, that it is not possible to execute both requests and has decided further to proceed with the execution of the request of the state, in accordance with the principles established by article 90 of the Statute and section 40; or
(b) the refusal is authorised under Part VII.
(3) If the Minister decides to refuse a request for assistance in accordance with subsection (1) or (2) after the Minister has transmitted the request to the Attorney General, the Minister shall inform that agency not to take any further steps to execute the request.
EDIT.