406. Mutual legal assistance requests by the RMI.
The Attorney-General may pursuant to the authorization granted under section 406, request the appropriate authority of a foreign country to:
(1) have evidence taken, or documents or other articles produced in evidence in the foreign country;
(2) obtain and execute search warrants or other lawful instruments authorizing a search for things believed to be located in that foreign country, which may be relevant to investigations or proceedings in the RMI, and if found, seize them;
(3) locate or restrain any property believed to be the proceeds of crime located in the foreign country;
(4) confiscate any property believed to be located in the foreign country, which is the subject of a confiscation order made under any law in place in the RMI for the purpose of preventing money laundering or realizing proceeds of crime;
(5) transmit to the RMI any such confiscated property or any proceeds realized therefrom, or any such evidence, documents, articles or things;
(6) transfer in custody to the RMI a person detained in the foreign country who consents to assist the RMI in the relevant investigation or proceedings;
(7) provide any other form of assistance in any investigation commenced or proceeding instituted in the RMI that involves or is likely to involve the exercise of a coercive power over a person or property believed to be in the foreign country; or
(8) permit the presence of nominated persons during the execution of any request made under this Chapter.
407. Authority of the RMI to grant requests for mutual legal assistance.
(1) A request to the RMI by a foreign country for international assistance shall be made in writing to the Attorney -General or a person authorized by the Attorney-General to receive requests by foreign countries.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.