This report is an exhibit in MPCC 2008-042 and has been posted by the author with permission of
commission counsel.
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Protected persons may be transferred by the Detaining Power only to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention.
If the receiving Power fails to carry out the provisions of the Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power
, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with.
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