(b) States Parties may decline to render assistance pursuant to this article
on the ground of absence of dual criminality. However, a requested State Party
shall, where consistent with the basic concepts of its legal system, render
assistance that does not involve coercive action. Such assistance may be refused
when requests involve matters of a de minimis nature or matters for which the
cooperation or assistance sought is available under other provisions of this
Convention;
(c) Each State Party may consider adopting such measures as may be
necessary to enable it to provide a wider scope of assistance pursuant to this
article in the absence of dual criminality.
10. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for
purposes of identification, testimony or otherwise providing assistance in obtaining evidence for investigations, prosecutions or judicial proceedings in relation to offences covered by this Convention may be transferred if the following
conditions are met:
(a) The person freely gives his or her informed consent;
(b) The competent authorities of both States Parties agree, subject to such
conditions as those States Parties may deem appropriate.
11. For the purposes of paragraph 10 of this article:
(a) The State Party to which the person is transferred shall have the
authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State Party from which the person was
transferred;
(b) The State Party to which the person is transferred shall without delay
implement its obligation to return the person to the custody of the State Party
from which the person was transferred as agreed beforehand, or as otherwise
agreed, by the competent authorities of both States Parties;
(c) The State Party to which the person is transferred shall not require the
State Party from which the person was transferred to initiate extradition proceedings for the return of the person;
(d) The person transferred shall receive credit for service of the sentence
being served in the State from which he or she was transferred for time spent
in the custody of the State Party to which he or she was transferred.
12. Unless the State Party from which a person is to be transferred in
accordance with paragraphs 10 and 11 of this article so agrees, that person,
whatever his or her nationality, shall not be prosecuted, detained, punished or
subjected to any other restriction of his or her personal liberty in the territory
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