← belizelaw.ai · Mutual Legal Assistance And, Cap. 103:04 · PART II — General Provisions

Grounds for declining request

Cap. 103:04, s. 10 · Revised Edition 2020

(1) Notwithstanding section 37, the central authority may, where he determines that the costs of responding to a request may exceed five hundred dollars, decline the request if the requesting State does not agree to pay the difference in the costs of responding to the request, whether incurred by the central authority or any other person. (2) The central authority may also decline a request if– (a) the request is not in writing; (b) the request is not written in, or accompanied by a certified translation into, English; (c) Belize makes a request for additional information under section 7(2) and does not receive a response within thirty days of the date of Belize’s request; (d) with respect to information relating to an offence which is a summary offence under the International Co-operation Act [CAP. 103:04 13 laws of Belize, the requested information relates to a period that is more than twelve months after the offence was committed; (e) the request pertains to information in the possession or control of a person other than a person named in the request or it does not relate specifically to the affairs of the person named in the request; (f) the requested information is protected from disclosure under the laws of Belize on the grounds of legal professional privilege; (g) the requesting State would not be able to obtain the requested information– (i) under its own laws for the purposes of the administration or enforcement of its criminal laws; or (ii) in response to a valid request from the central authority under this Act; (h) in the opinion of the central authority, granting the request would prejudice the sovereignty, security, or be contrary to public policy of, Belize; or (i) the central authority is not satisfied that the requesting State will keep the information confidential and will not disclose it to any person other than– (i) a person or authority in its own jurisdiction for the purposes of the administration and enforcement of its criminal laws; or (ii) a person employed or authorized by the government of the requesting State to oversee data protection.
Have a question about this section? Ask belizelaw.ai →