Rządowy projekt ustawy o ratyfikacji Umowy o partnerstwie i współpracy ustanawiającej partnerstwo między Wspólnotami Europejskimi i ich Państwami Członkowskimi, z jednej strony, a Republiką Tadżykistanu, z drugiej strony, sporządzonej w Luksemburgu dnia 11 października 2004 r.

ARTICLE 6

Form and substance of requests for assistance

1.
Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by
the documents necessary to enable compliance with the request. When required because of the
urgency of the situation, oral requests may be accepted, but must be confirmed in writing
immediately.

2.
Requests pursuant to paragraph 1 shall include the following information:

(a)
the applicant authority making the request;

(b)
the measure requested;

(c)
the object of and the reason for the request;

(d)
the laws, rules and other legal elements involved;

(e)
indications as exact and comprehensive as possible on the natural or legal persons who are the
target of the investigations;

(f)
a summary of the relevant facts and of the enquiries already carried out.
CE/TJ/en 7

3.
Requests shall be submitted in an official language of the requested authority or in a language
acceptable to that authority.

4.
If a request does not meet the formal requirements, its correction or completion may be
requested; precautionary measures may, however, be ordered.


ARTICLE 7

Execution of requests

1.
In order to comply with a request for assistance, the requested authority shall proceed, within
the limits of its competence and available resources, as though it were acting on its own account or
at the request of other authorities of that same Party, by supplying information already possessed,
by carrying out appropriate enquiries or by arranging for them to be carried out. This provision
shall also apply to any other authority to which the request has been addressed by the requested
authority by virtue of this Protocol when the requested authority cannot act on its own.

2.
Requests for assistance shall be executed in accordance with the laws, rules and other legal
instruments of the requested Contracting Party.
CE/TJ/en 8

3.
Duly authorised officials of a Contracting Party may, with the agreement of the other Party
involved and subject to the conditions laid down by the latter, obtain from the offices of the
requested authority or other authority for which the requested authority is responsible, information
relating to operations which are or may be in breach of customs legislation which the applicant
authority needs for the purposes of this Protocol.

4.
Officials of a Party may, with the agreement of the other Contracting Party involved and
subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's
territory.


ARTICLE 8

Form in which information is to be communicated

1.
The requested authority shall communicate results of enquiries to the applicant authority in
the form of documents, certified copies of documents, reports and the like.

2.
The provision of documents provided for in paragraph 1 may be replaced by that of
information produced in any form for the same purpose by computerised means.

3.
Original files and documents shall be requested only in cases where certified copies would be
insufficient. Originals which have been transmitted shall be returned at the earliest opportunity.
CE/TJ/en 9

ARTICLE 9

Exceptions to the obligation to provide assistance

1.
The Parties may refuse to give assistance as provided for in this Protocol, where to do so
would:

(a)
be likely to prejudice the sovereignty of the Republic of Tajikistan or that of a Member State
which has been asked to provide assistance under this Protocol;

or

(b)
be likely to prejudice public policy, security or other essential interests, in particular in the
cases referred to under Article 10(2);
or

(c)
breach an industrial, commercial or professional secret.

2.
Assistance may be postponed by the requested authority on the ground that it will interfere
with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority
shall consult with the applicant authority to determine if assistance can be given subject to such
terms or conditions as the requested authority may require.
CE/TJ/en 10

3.
Where the applicant authority requests assistance which it would itself be unable to provide if
so asked, it shall draw attention to that fact in its request. It shall then be left to the requested
authority to decide how to respond to such a request.

4.
If assistance is refused, the decision and the reasons therefore must be notified to the applicant
authority without delay.


ARTICLE 10

Information exchange and confidentiality

1.
Any information communicated in whatsoever form pursuant to this Protocol shall be of a
confidential or restricted nature, depending on the rules applicable in each of the Parties. It shall be
covered by the obligation of official secrecy and shall enjoy the protection extended to similar
information under the relevant laws of the Party which received it and the corresponding provisions
applying to the Community institutions.

2.
Personal data may be exchanged only where the receiving Party undertakes to protect such
data in at least an equivalent way to the one applicable to that particular case in the supplying Party.
CE/TJ/en 11