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180 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“15. The requesting State Party may require that the requested Party keep confidentialthe fact and substance of the request, except to the extent necessary to executethe request. If the requested Party cannot comply with the requirement ofconfidentiality, it shall promptly inform the requesting Party.“16. Mutual legal assistance may be refused:“(a) If the request is not made in conformity with the provisions of this article;“(b) If the requested State Party considers that execution of the request is likelyto prejudice its sovereignty, security, ordre public or other essential interests;“(c) If the authorities of the requested State Party would be prohibited by itsdomestic law from carrying out the action requested with regard to any similaroffence, had it been subject to investigation, prosecution or proceedings under theirown jurisdiction;“(d) If it would be contrary to the legal system of the requested State Partyrelating to mutual legal assistance for the request to be granted;“(e) If the offence to which the request relates would not be an offence in thecontext of criminal organization if committed within its jurisdiction. 60“17. For the purpose of cooperation under this article, the offences covered bythis Convention shall not be considered fiscal offences or political offences 61 or regardedas politically motivated, without prejudice to the constitutional limitations and thefundamental domestic law of the States Parties.“18. Reasons shall be given for any refusal of mutual legal assistance.“19. Mutual legal assistance may be postponed by the requested State Party onthe ground that it interferes with an ongoing investigation, prosecution or proceeding.In such a case, the requested Party shall consult with the requesting Party todetermine if the assistance can still be given subject to such terms and conditions asthe requested Party deems necessary.“20. A witness, expert or other person who consents to give evidence in a proceedingor to assist in an investigation, prosecution or judicial proceeding in the territoryof the requesting State Party shall not be prosecuted, detained, punished orsubjected to any other restriction of his personal liberty in that territory in respect ofacts, omissions or convictions prior to his departure from the territory of the requestedParty. Such safe conduct shall cease when the witness, expert or other person havinghad, for a period of fifteen consecutive days, or for any period agreed upon bythe Parties, from the date on which he has been officially informed that his presenceis no longer required by the judicial authorities, an opportunity of leaving, has60The United States proposed the deletion of subparagraphs (c), (d) and (e) and their replacement with new subparagraphsconstituting the “political offence exception” and the so-called “discrimination clause” (existence of substantial groundsfor believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person’sgender, race, religion, nationality or political opinion) (see A/AC.254/L.33). Canada proposed the deletion of subparagraphs(c), (d) and (e) and the addition of a new subparagraph as follows: “(…) If the request falls under paragraph [1 bis]of this article and the requested State considers, based on the information provided by the requesting State Party, [that thereis no basis for the suspicion of the involvement of an organized criminal group in the offence] [that the suspicion is unreasonable]”(see A/AC.254/L.42).61One delegation was of the view that the “political offence” exception could be discretionary except in certain heinouscases. Another delegation proposed the deletion of the reference to political offences. The United States proposed the inclusionof the exception among the grounds for refusal of a mutual legal assistance request (see footnote 60 above).