Common use of Safe Conduct Clause in Contracts

Safe Conduct. 1. A person who is invited or required to appear before the competent authority of the requesting State under paragraph 1 of Article 22 shall not: (a) be subject to detention or any restriction of personal liberty in that State by reason of any conduct or conviction that precedes the departure of the person from the requested State; or (b) be obliged to give evidence or to assist in any investigation, prosecution or other proceeding, including judicial proceeding, other than the proceeding specified in the request. 2. If the safe conduct provided for in paragraph 1 cannot be provided, the requesting State shall so specify in the request or documents served in order for the person to be informed accordingly and be able to make a decision whether to appear before the competent authority of the requesting State. 3. The safe conduct provided for in paragraph 1 shall cease when: (a) the person, having had, for a period of fifteen (15) consecutive days from the date when his or her presence is no longer required by the competent authority or from the day when he or she failed to appear before that authority on the scheduled appearance date, an opportunity of leaving, has nevertheless remained voluntarily in the requesting State; or (b) the person, having left the requesting State, voluntarily returns to it. 4. When the requesting State knows that the safe conduct provided for in paragraph 1 has ceased pursuant to paragraphs 3(a) and 3(b), the requesting State shall so inform the requested State without delay, if such information is requested by the requested State and considered necessary by the requesting State.

Appears in 2 contracts

Sources: Mutual Legal Assistance Agreement, Mutual Legal Assistance Agreement