Eu-Japan Mutual Legal Assistance Agreement

1. The central authority of the requesting state sends requests for assistance under this agreement to the required central authority of the state. 2. The required state may refuse assistance which, under its legislation, would require enforcement action if it believes that the conduct that is investigated, prosecuted or otherwise prosecuted in the requesting state, including judicial proceedings, would not constitute a criminal offence under the required state law. In relations between Japan and two Member States pursuant to Schedule IV of this agreement, assistance may be refused if the required State considers that the conduct under investigation, prosecution or other proceedings, including judicial proceedings in the requesting state, would not constitute a criminal offence under the required state law. The decision concludes the agreement on behalf of the EU. (4) A request for assistance, as far as possible and relevant to the assistance requested, contains the following information on the effective date of the mutual legal aid agreement in criminal matters between the European Union and Japan (OJ L 347 of 31.12.2006, p. 1). 1) there are reasonable reasons to believe that the request for assistance was made to prosecute or punish a person for racial persecution. , religion, nationality, ethnic origin, political opinion or gender or that person`s position may be affected for any of these reasons; 1. This agreement does not prevent a State from requesting aid or providing assistance in accordance with other applicable international conventions or in accordance with its applicable laws. The Kingdom of Spain: the Ministry of Justice, the sub-direction of international legal cooperation; The authorities responsible under state legislation for the establishment of requests for assistance under this agreement are listed in Schedule II of this agreement. The agreement is the first “autonomous” agreement between the EU and a non-European country.

Until the conclusion, no EU country had concluded such an agreement with Japan. The annexes to this agreement are an integral part of this agreement. Appendixes I, II and III may be amended by written agreement of the contracting parties without any change to this agreement. Agreement between the EU and Japan on mutual legal assistance in criminal matters 1. The required state confirms whether a natural or legal person under criminal investigation is holding or controlling one or more accounts in the banks mentioned in the application. The country requesting help must do so in writing. In the event of an emergency, the application can be made by other reliable means of communication. Requests for assistance must contain specific information as defined in the agreement.

2. This agreement applies to any request for assistance made on or after this agreement came into force, whether the acts relevant to the application were committed before, on or after that date.