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Article (52)

IA-BOD-RES 10/2019

Within the scope of the implementation of the provisions of the Decree-Law and this Resolution, a request for international cooperation should not be refused on the basis of any of the following:

  1.  The crime includes financial, tax or customs matters.
     
  2. Binding confidentiality provisions for Financial Institutions, Designated Non-Financial Businesses and Professions and Virtual Asset Service Providers in a manner that does not violate the legislation in force in the country, unless the relevant information has been obtained in the circumstances in which legal professional privileges or professional confidentiality apply.
     
  3. The crime is political or related thereto.
     
  4. The request relates to a crime under inquiry or judicial investigation in the state, unless the request will hinder such inquiry or investigations.
     
  5. The act on which the request is based does not constitute an offence in the State or has no common features to an offence provided for therein, unless it includes compulsory measures, or pursuant to the legislation in force in the State.
     
  6. The criminal act in the State is listed under a different name or description or its elements differ in the requesting State.
     
This article has been amended by Cabinet Resolution No. (24) of 2022. You are viewing the latest version. To view the previous version, click the version box below.
Version 1(effective from 10/02/2019 to 01/04/2022)

 

Within the scope of implementing the provisions of the Decretal-Law and this Decision, an International Cooperation request regarding the Crime shall not be rejected on the basis of any of the following:

  1. The crime involves financial, tax or customs matters.
     
  2. Secrecy provisions are binding upon Financial Institutions and DNFBPs, providing that they do not violate the applicable laws in the State, unless the relevant information was obtained under the circumstances where professional legal privileges or professional secrecy apply.
     
  3. The crime is political or related to a political crime.
     
  4. The request is connected with a crime subject of an ongoing investigation or prosecution in the State, unless the request impedes the investigation or the prosecution.
     
  5. The act, on which the assistance is based, does not constitute a crime in the State, or the act does not have similar attributes to a crime set out in the State, unless it involves constraining, coercive measures or its in accordance with the applicable laws in the State.
     
  6. The criminal act in the State is listed under a different name or description or that its structure varies from that of the requesting country.