Part 1
General Provisions
8. Communications with the International Criminal Court
4. Requests from the International Criminal Court shall be in writing. The written request and the supporting material shall be accompanied by a certified translation into German. Executions of requests from the International Criminal Court and photocopies for the purpose of deferral of a case to it do not require translation.
Chapter III
Recognition and Enforcement of Judicial Decisions
Part Three
Execution of Orders Relating to Property Rights
Subdivision Two
Obtaining Execution in Another Member State
Requesting Another Member State
§ 52k. (1) Whenever there is reason to request another Member State to execute of an order relating to property rights, the court that has taken the first-instance decision must first allow the public prosecutor time to comment and to hear the person concerned, if he/she can be summoned in Austria.
(2) The court shall forward to the competent authority of the executing State
1. the decision to be executed, complete with a translation, if such a translation was already made for the foreign person concerned in the proceedings in Austria, as well as
2. a completed and signed certificate (Annex V) and, if the executing State did not indicate that it also accepts certificates in the German language, a translation of the certificate into one of the official languages of the executing State or into another language accepted by it.
The Federal Minister of Justice shall proclaim by way of ordinance which Member States accept which official languages.
(3) § 14 para. 1 to 5 shall apply in analogy to the exchanges between the authorities. If the decision and the certificate were not communicated by mail, the competent authority of the executing State shall subsequently be sent by mail, upon its request, a specimen or a certified copy of the decision, as well as the original of the certificate.
(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.