2. The requesting State shall undertake to provide the necessary protection
for the security of witnesses and experts and of members of their families
that is required by their situation, the circumstances of the case in
connection with which they are sought and the types of risks that can be
anticipated.
Article 38
1. Where a witness or expert whose appearance, is sought by a requesting
State is in custody in the requested State, he may be temporarily
transferred to the location of the hearing where he is requested to provide
his testimony under conditions and at times to be determined by the
requested State. Such transfer may be refused if:
a. The witness or expert in custody objects;
b. His presence is required for criminal proceedings in the territory of
the requested State;
c. His transfer would prolong the term of his detention;
d. There are considerations militating against his transfer.
2. The witness or expert thus transferred shall continue to be held in custody
in the territory of the requesting State until such time as he is returned to
the requested State unless the latter State requests that he be released.
Part Four
Final Provisions
Article 39
This Convention is subject to ratification, acceptance or approval by the signatory
States, and instruments of ratification, acceptance or approval shall be deposited
with the General Secretariat of the League of Arab States within 30 days of the
date of such ratification, acceptance or approval. The General Secretariat shall
notify member States of the deposit of each such instrument and of its date.
Article 40
1. This convention shall enter into force on the thirtieth day after the date as
of which instruments of ratification, acceptance or approval have been
deposited by seven Arab States.
2. This Convention shall enter into force for any other Arab State only after
the instrument of ratification, acceptance or approval has been deposited
and 30 days have elapsed from the date of that deposit.
Article 41
No Contracting State may make any reservation that explicitly or implicitly
violates the provisions of this Convention or is incompatible with its objectives.