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MUTUAL ASSISTANCE IN CRIMINAL MATTERS (UNITED STATES OF AMERICA) REGULATIONS 1999 - SCHEDULE 2
Exchange of notes
(regulation 3)
DEPARTMENT OF STATE
WASHINGTON
April 30, 1997
Excellency:
I have the honor to refer to the Treaty on Mutual Assistance in Criminal
Matters signed today between the Government of the United States of America
and the Government of Australia (the "Treaty"), and to propose that the Treaty
be interpreted and applied in accordance with the provisions set forth in this
Note.
Article 3(1)(c) of the Treaty states that "The Central Authority of the
Requested State may deny assistance if .... the execution of the request would
prejudice the security or essential interests of the Requested State." The
Parties agree that the term "essential interests" in this provision shall
include the limitations on assistance set forth in Section 8 of Australia's
Mutual Assistance in Criminal Matters Act 1987, including Sections 8(1A) and
8(1B), as amended by the Mutual Assistance in Criminal Matters Legislation
Amendment Act 1996 , so long as this law is in effect. I have the further
honor to propose that this Note and Your Excellency's Note in reply confirming
on behalf of your Government the foregoing arrangements shall be regarded as
constituting an agreement between the two Governments, which shall enter into
force simultaneously with the Treaty on Mutual Assistance in Criminal Matters.
Accept, Excellency, the renewed assurances of my highest consideration.
For
the Secretary of State:
Timothy E. Wirth
His Excellency
The Honorable
Andrew S. Peacock,
Ambassador of Australia.
EMBASSY OF AUSTRALIA
WASHINGTON, D. C.
30 April,
1997
Excellency:
I have the honour to acknowledge receipt of Your Excellency's Note of today's
date, which reads as follows:
"I have the honor to refer to the Treaty on
Mutual Assistance in Criminal Matters signed today between the Government of
the United States of America and the Government of Australia (the "Treaty"),
and to propose that the Treaty be interpreted and applied in accordance with
the provisions set forth in this Note.
Article 3 (1) (c) of the Treaty states
that "The Central Authority of the Requested State may deny assistance if ...
the execution of the request would prejudice the security or essential
interests of the Requested State." The Parties agree that the term "essential
interests" in this provision shall include the limitations on assistance set
forth in Section 8 of Australia's
Mutual Assistance in Criminal Matters Act 1987, including Sections 8 (1A) and
8 (1B), as amended by the Mutual Assistance in Criminal Matters
Legislation Amendment Act 1996 , so long as this law is in effect.
I have the
further honor to propose that this Note and Your Excellency's Note in reply
confirming on behalf of your Government the foregoing arrangements shall be
regarded as constituting an agreement between the two Governments, which shall
enter into force simultaneously with the Treaty on Mutual Assistance in
Criminal Matters."
I have the honour to confirm on behalf of the Government of Australia that the
above proposal is acceptable to the Government of Australia, and that Your
Excellency's Note and this Note shall constitute an agreement between the two
Governments, which shall enter into force simultaneously with the Treaty on
Mutual Assistance in Criminal Matters.
Accept, Excellency, the renewed assurances of my highest consideration.
ANDREW PEACOCK
Ambassador
The Honorable
Madeleine K. Albright,
Secretary
of State.
1. Made by the Governor-General on 29 June 1999, and notified in the
Commonwealth of Australia Gazette on 6 July 1999.