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Report No. 258

G. Clause 6

Analysis and comment:

5.7.1 This provision has been inserted in context of India's declaration regarding the applicability of Articles 45 and 46 of the UNCAC (see discussion in chapter 2 of this Report). At the time of ratification of the UNCAC,India declared, by way of a Notification, that "international cooperation for mutual legal assistance under Articles 45 and 46 of the Convention shall be afforded through applicable bilateral Agreements", and in cases where a bilateral agreement does not cover the mutual legal assistance sought by the requesting State, it shall be provided under the Convention "on reciprocal basis". Clause 6(1) captures this situation. However, clause 6(2) is not required, and may be deleted. The provision will also be renumbered, in accordance with the revised draft.

5.7.2 Suggested draft:

9. Agreements with foreign countries

The Central Government may enter into an agreement with the Government of any country outside India for-

(a) enforcing the provisions of this Act;

(b) exchange of information for the prevention of any offence under this Act or under the corresponding law in force in that country or investigation of cases relating to any offence under this Act, and may, by notification, make such provisions as may be necessary for implementing the agreement (including mutual assistance).

Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations - A Study and Proposed Amendments Back

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