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2.The powers and procedures referred to in this article shall be subject to Articles 14 and 15.
3.For the purpose of this article, the term “subscriber information” means any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which can be established:
a.the type of communication service used, the technical provisions taken thereto and the period of service;
b.the subscriber’s identity, postal or geographic address, telephone and other access number, billing and payment information, available on the basis of the service agreement or arrangement;
c.any other information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.
Title 4 – Search and seizure of stored computer data.
Article 19 – Search and seizure of stored computer data.
1. Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to search or similarly access:
a. a computer system or part of it and computer data stored therein; and
b. a computer-data storage medium in which computer data may be stored in its territory.
2. Each Party shall adopt such legislative and other measures as may be necessary to ensure that where its authorities search or similarly access a specific computer system or part of it, pursuant to paragraph 1.a, and have grounds to believe that the data sought is stored in another computer system or part of it in its territory, and such data is lawfully accessible from or available to the initial
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system, the authorities shall be able to expeditiously extend the search or similar accessing to the other system.
3. Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to seize or similarly secure computer data accessed according to paragraphs 1 or 2. These measures shall include the power to:
a.seize or similarly secure a computer system or part of it or a computer-data storage medium;
b.make and retain a copy of those computer data;
c.maintain the integrity of the relevant stored computer data;
d.render inaccessible or remove those computer data in the accessed computer system.
4.Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to order any person who has knowledge about the functioning of the computer system or measures applied to protect the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the measures referred to in paragraphs 1 and 2.
5.The powers and procedures referred to in this article shall be subject to Articles 14 and 15.
Title 5 – Real-time collection of computer data.
Article 20 – Real-time collection of traffic data.
1. Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to:
a.collect or record through the application of technical means on the territory of that Party, and
b.compel a service provider, within its existing technical capability:
i.to collect or record through the application of technical means on the territory of that Party; or
ii.to co-operate and assist the competent authorities in the collection or recording of,
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traffic data, in real-time, associated with specified communications in its territory transmitted by means of a computer system….
Article 21 – Interception of content data.
1. Each Party shall adopt such legislative and other measures as may be necessary, in relation to a range of serious offences to be determined by domestic law, to empower its competent authorities to:
a.collect or record through the application of technical means on the territory of that Party, and
b.compel a service provider, within its existing technical capability:
i.to collect or record through the application of technical means on the territory of that Party, or
ii.to co-operate and assist the competent authorities in the collection or recording of,
content data, in real-time, of specified communications in its territory transmitted by means of a computer system…
Section 3 – Jurisdiction.
Article 22 – Jurisdiction.
1. Each Party shall adopt such legislative and other measures as may be necessary to establish jurisdiction over any offence established in accordance with Articles 2 through 11 of this Convention, when the offence is committed:
a.in its territory; or
b.on board a ship flying the flag of that Party; or
c.on board an aircraft registered under the laws of that Party; or
d.by one of its nationals, if the offence is punishable under criminal law where it was committed or if the offence is committed outside the territorial jurisdiction of any State.
2. Each Party may reserve the right not to apply or to apply only in specific cases or conditions the jurisdiction
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rules laid down in paragraphs 1.b through 1.d of this article or any part thereof.
3.Each Party shall adopt such measures as may be necessary to establish jurisdiction over the offences referred to in Article 24, paragraph 1, of this Convention, in cases where an alleged offender is present in its territory and it does not extradite him or her to another Party, solely on the basis of his or her nationality, after a request for extradition.
4.This Convention does not exclude any criminal jurisdiction exercised by a Party in accordance with its domestic law.
5.When more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties involved shall, where appropriate, consult with a view to determining the most appropriate jurisdiction for prosecution.
Chapter III – International co-operation.
Section 1 – General principles.
Title 1 – General principles relating to international co-operation.
Article 23 – General principles relating to international co-operation.
The Parties shall co-operate with each other, in accordance with the provisions of this chapter, and through the application of relevant international instruments on international co-operation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence.
Title 2 – Principles relating to extradition.
Article 24 – Extradition.
1. a. This article applies to extradition between Parties for the criminal offences established in accordance with Ar-
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ticles 2 through 11 of this Convention, provided that they are punishable under the laws of both Parties concerned by deprivation of liberty for a maximum period of at least one year, or by a more severe penalty.
b. Where a different minimum penalty is to be applied under an arrangement agreed on the basis of uniform or reciprocal legislation or an extradition treaty, including the European Convention on Extradition (ETS No. 24), applicable between two or more parties, the minimum penalty provided for under such arrangement or treaty shall apply.
2.The criminal offences described in paragraph 1 of this article shall be deemed to be included as extraditable offences in any extradition treaty existing between or among the Parties. The Parties undertake to include such offences as extraditable offences in any extradition treaty to be concluded between or among them.
3.If a Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition with respect to any criminal offence referred to in paragraph 1 of this article.
4.Parties that do not make extradition conditional on the existence of a treaty shall recognize the criminal offences referred to in paragraph 1 of this article as extraditable offences between themselves.
5.Extradition shall be subject to the conditions provided for by the law of the requested Party or by applicable extradition treaties, including the grounds on which the requested Party may refuse extradition.
6.If extradition for a criminal offence referred to in paragraph 1 of this article is refused solely on the basis of the nationality of the person sought, or because the requested Party deems that it has jurisdiction over the offence, the requested Party shall submit the case at the request of the requesting Party to its competent authorities for the pur-