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Article (52)

IA-BOD-RES 10/2019

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.