BWBV0002781
Geldig vanaf 01-11-1994
Artikel 6
Verdrag inzake handel met voorkennis
1. The execution of requests for assistance by the requested authority is carried out in accordance with the rules and procedures laid down by the law of the Party in which that authority operates.
2. When the search for information so requires, and in the absence of specific provisions, the rules laid down by national law for obtaining evidence shall be capable of being applied by the requested authority or on its behalf. Sanctions laid down for breaches of professional secrecy shall not apply in regard to the information provided compulsorily in the course of enquiries.
3. These provisions shall not prejudice the rights accorded to the defendant by national law.
4. Save to the extent strictly necessary to carry out the request, the requested authority and the persons seeking the information requested are bound to maintain secrecy about the request, the component parts of the request and the information so gathered.
5. However, at the time of the designation of the authority, provided for by Article 4, each Party shall declare the derogations to the principle set forth in paragraph 4 of this Article possibly imposed or permitted by national law:
- either to guarantee free access of citizens to the files of the administration;
- or when the designated authority is obliged to denounce to other administrative or judicial authorities information communicated or gathered within the framework of the request;
- or, provided the requesting authority has been informed, to investigate violations of the law of the requested Party or to secure compliance with such law.
2. When the search for information so requires, and in the absence of specific provisions, the rules laid down by national law for obtaining evidence shall be capable of being applied by the requested authority or on its behalf. Sanctions laid down for breaches of professional secrecy shall not apply in regard to the information provided compulsorily in the course of enquiries.
3. These provisions shall not prejudice the rights accorded to the defendant by national law.
4. Save to the extent strictly necessary to carry out the request, the requested authority and the persons seeking the information requested are bound to maintain secrecy about the request, the component parts of the request and the information so gathered.
5. However, at the time of the designation of the authority, provided for by Article 4, each Party shall declare the derogations to the principle set forth in paragraph 4 of this Article possibly imposed or permitted by national law:
- either to guarantee free access of citizens to the files of the administration;
- or when the designated authority is obliged to denounce to other administrative or judicial authorities information communicated or gathered within the framework of the request;
- or, provided the requesting authority has been informed, to investigate violations of the law of the requested Party or to secure compliance with such law.
- Citeren als
- Art. 6
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0002781
- Officiële bron
- wetten.overheid.nl