The competent cantonal or federal authority may by way of exception order the early transmission of information or evidence gathered before the final ruling is issued:
if foreign investigations in cases relating to organised crime or terrorism would be made disproportionately difficult without this mutual assistance measure, in particular where there is a risk of collusion or in order to safeguard the confidentiality of the proceedings; or
in order to avert a serious and immediate danger, and in particular the commission of a terrorist offence.
The information or evidence concerned must be connected with the prevention or the prosecution of an extraditable criminal offence.
Early transmission may be ordered with or without a request being received. If it is ordered in the absence of a request, the competent cantonal or federal authority shall transmit only the non-personal data required to assess the position, subject to receiving the undertakings specified in paragraph 4.
Early transmission is conditional on the requesting authority providing an undertaking in advance that:
the information or evidence will be used solely to assist with investigations, and under no circumstances for the purpose of requesting, justifying or issuing a final decision;
it will inform the competent cantonal or federal authority as soon as the foreign proceedings permit that the person concerned may be notified of the early transmission under Article 80m so that he or she can respond before the final ruling is issued;
it will remove the information or evidence obtained through early transmission from the files for the foreign proceedings if mutual assistance is refused.
Notification of the person concerned shall be deferred.
Notice of the interim ruling in accordance with paragraph 1 shall be given to the FOJ without delay and before the early transmission. It is not in itself contestable.
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