TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13078 

________________________________________________________________________ 

MUTUAL LEGAL ASSISTANCE 

 Treaty Between the 

UNITED STATES OF AMERICA 

and CYPRUS 

Signed at Nicosia December 20, 1999 
 

NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 

 CYPRUS 

 Mutual Legal Assistance 

Treaty signed at Nicosia December 20, 1999; 

Transmitted by the President of the United States of America 

 to the Senate July 13, 2000 (Treaty Doc. 106-35, 

 106th Congress, 2d Session); 

Reported favorably by the Senate Committee on Foreign Relations 

 September 27, 2000 (Senate Executive Report No. 106-24, 

 106th Congress, 2d Session); 

Advice and consent to ratification by the Senate 

 October 18, 2000; 

Ratified by the President January 5, 2001; 

Ratified by Cyprus July 30, 2002; 

Ratifications exchanged at New York September 18, 2002; 

Entered into force September 18, 2002. 
TREATY BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE REPUBLIC OF CYPRUS

ON

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
TABLE OF CONTENTS

Article 1 Scope of Assistance

Article 2 Central Authorities

Article 3 Limitations on Assistance

Article 4 Form and Contents of Requests

Article 5 Execution of Requests

Article 6 Costs

Article 7 Limitations on Use

Article 8 Testimony or Evidence

in the Requested State

Article 9 Records of Government Agencies

Article 10 Appearance Outside of the Requested State

Article 11 Transfer of Persons in Custody

Article 12 Transit of Persons in Custody

Article 13 Location or Identification of Persons or Items

Article 14 Service of Documents

Article 15 Search and Seizure

Article 16 Return of Items

Article 17 Proceeds and Instrumentalities of Offenses

Article 18 Compatibility with Other Arrangements

Article 19 Consultation and Resolution of Disputes

Article 20 Ratification, Entry Into Force,

and Termination
FORMS

Form A Certification of Business Records

Form B Certification of Absence or Nonexistence of Business Records

Form C Certification of Official Records

Form D Certification of Absence or Nonexistence of Official Records

Form E Certification with Respect to Seized Items
The Government of the United States of America and the Government of the

Republic of Cyprus,

Desiring to improve the effectiveness of the law enforcement authorities of both

countries in the investigation, prosecution, and prevention of crime through cooperation

and mutual legal assistance in criminal matters,

Have agreed as follows:
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Article 1

Scope of Assistance

1.	The Parties shall provide mutual assistance, in accordance with the

provisions of this Treaty, in connection with the investigation, prosecution, and

prevention of offenses, and in proceedings related to criminal matters.

2.	Assistance shall include:

(a) taking the testimony or statements of persons;

(b) providing documents, records, and other items;

(c) locating or identifying persons or items;

(d) serving documents;

(e) transferring persons in custody for testimony or other purposes;

(f)	executing searches and seizures;

(g) assisting in proceedings related to immobilization and forfeiture of

assets; restitution; collection of fines; and

(h) any other form of assistance not prohibited by the laws of the

Requested State.

3.	Except as otherwise provided in this Treaty, assistance shall be provided

without regard to whether the conduct that is the subject of the investigation, prosecution,

or proceeding in the Requesting State would constitute an offense under the laws of the

Requested State.

4.	This Treaty is intended solely for mutual legal assistance between the

Parties. The provisions of this Treaty shall not give rise to a right on the part of any

private person to obtain, suppress, or exclude any evidence, or to impede the execution of

a request.
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Article 2

Central Authorities

1. Each Party shall designate a Central Authority to make and receive

requests pursuant to this Treaty.

2. For the United States of America, the Central Authority shall be the

Attorney General or a person designated by the Attorney General. For the Republic of

Cyprus, the Central Authority shall be the Minister of Justice and Public Order or a

person designated by the Minister.

3. The Central Authorities shall communicate directly with one another for

the purposes of this Treaty.

4. In cases of urgency the Central Authorities may transmit requests through

the International Criminal Police Organization (INTERPOL).

Article 3

Limitations on Assistance

1. The Central Authority of the Requested State may deny assistance if:

(a) the request relates to a political offense or an offense under military

law that would not be an offense under ordinary criminal law;

(b) the execution of the request would prejudice the security or similar

essential interests of the Requested State;

(c) the execution of the request would violate the Constitution of the

Requested State or the obligations of the Requested State under any

international multilateral treaty relating to human rights; or

(d) the request is not made in conformity with the Treaty.
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2. Before denying assistance pursuant to this Article, the Central Authority of

the Requested State shall consult with the Central Authority of the Requesting State to

consider whether assistance can be given subject to such conditions as it deems necessary.

If the Requesting State accepts assistance subject to these conditions, it shall comply with

the conditions.

3. If the Central Authority of the Requested State denies assistance pursuant

to this Article, it shall inform the Central Authority of the Requesting State of the reasons

for the denial.

Article 4

Form and Contents of Requests

1. A request for assistance shall be in writing except that the Central

Authority of the Requested State may accept a request in another form in urgent

situations. If the request is not in writing, it shall be confirmed in writing within ten days

unless the Central Authority of the Requested State agrees otherwise. The request shall

be in the language of the Requesting State accompanied by a translation in the language

of the Requested State unless otherwise agreed.

2. The request shall include the following:

(a) the name of the authority conducting the investigation, prosecution,

or proceeding to which the request relates;

(b) a description of the subject matter and nature of the investigation,

prosecution, or proceeding, including the specific criminal offenses

that relate to the matter;

(c) a description of the evidence, information, or other assistance

sought; and

(d) a statement of the purpose for which the evidence, information, or

other assistance is sought.
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3. To the extent necessary and possible, a request shall also include:

(a) information on the identity and location of any person from whom

evidence is sought;

(b) information on the identity and location of a person to be served,

that person's relationship to the proceeding, and the manner in

which service is to be made;

(c) information on the identity and suspected location of a person or

item to be located;

(d) a precise description of the place or person to be searched and of the

item to be seized;

(e) a description of the manner in which any testimony or statement is

to be taken and recorded;

(f) a description of the testimony or statement sought, which may

include a list of questions to be asked of a person;

(g) a description of any particular procedure to be followed in executing

the request;

(h) information as to the allowances and expenses to which a person

asked to appear outside of the Requested State will be entitled; and

(i) any other information that may be brought to the attention of the

Requested State to facilitate the execution of the request.

Article 5

Execution of Requests

1. The Central Authority of the Requested State shall promptly execute the

request or, when appropriate, shall transmit it to the authority having jurisdiction to do

so. The competent authorities of the Requested State shall do everything in their power to

execute the request. The competent judicial or other authorities of the Requested State

shall have power to issue subpoenas, search warrants, or other orders necessary to

execute the request.
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2. The Central Authority of the Requested State shall make all necessary

arrangements for representation of the Requesting State in the execution of a request for

assistance in the Requested State.

3. Requests shall be executed according to the internal laws and procedures of

the Requested State except to the extent that this Treaty provides otherwise. Procedures

specified in the request shall be followed except to the extent that those procedures cannot

lawfully be followed in the Requested State. Where neither the Treaty nor the request

specifies a particular procedure, the request shall be executed in accordance with the

appropriate procedure under the laws applicable for criminal investigations or

proceedings in the Requested State.

4. If the Central Authority of the Requested State determines that execution of

a request would interfere with an ongoing criminal investigation, prosecution, or

proceeding in that State, it may postpone execution, or make execution subject to

conditions determined to be necessary after consultations with the Central Authority of

the Requesting State. If the Requesting State accepts the assistance subject to the

conditions, it shall comply with the conditions.

5. The Requested State shall use its best efforts to keep confidential a request

and its contents if such confidentiality is requested by the Central Authority of the

Requesting State. If the request cannot be executed without breaching such

confidentiality, the Central Authority of the Requested State shall so inform the Central

Authority of the Requesting State, which shall then determine whether the request should

nevertheless be executed.

6. The Central Authority of the Requested State shall respond to reasonable

inquiries by the Central Authority of the Requesting State concerning progress toward

execution of the request.

7. The Central Authority of the Requested State shall promptly inform the

Central Authority of the Requesting State of the outcome of the execution of a request. If

execution of the request is denied, delayed, or postponed, the Central Authority of the
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Requested State shall inform the Central Authority of the Requesting State of the reasons

for the denial, delay, or postponement.

Article 6

Costs

1. The Requested State shall pay all costs relating to the execution of a request,

including the costs of representation, except for the following, which shall be paid by the

Requesting State:

(a) the fees of experts;

(b) the costs of translation, interpretation, and transcription; and

(c) the allowances and expenses related to travel of persons pursuant to

Articles 10 and 11.

2. If during the execution of a request it becomes apparent that complete

execution will entail expenses of an extraordinary nature, the Central Authorities shall

consult to determine the terms and conditions under which execution may continue.

Article 7

Limitations on Use

1. The Central Authority of the Requested State may require that the

Requesting State not use any information or evidence obtained under this Treaty in any

investigation, prosecution, or proceeding other than that described in the request without

the prior consent of the Central Authority of the Requested State. In such situations, the

Requesting State shall comply with the requirement.

2. The Central Authority of the Requested State may request that information

or evidence furnished under this Treaty be kept confidential or be used only subject to
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terms and conditions it may specify. If the Requesting State accepts the information or

evidence subject to such conditions, the Requesting State shall use its best efforts to

comply with the conditions.

3. Nothing in this Article shall preclude the use or disclosure of information or

evidence to the extent that there is an obligation to do so under the Constitution of the

Requesting State in a criminal prosecution. The Requesting State shall notify the

Requested State in advance of any such use or disclosure.

4. Information or evidence that has been made public in the Requesting State

in a manner consistent with paragraph 1 or 2 may thereafter be used for any purpose.

Article 8

Testimony or Evidence in the Requested State

1. A person in the Requested State from whom testimony or evidence is

requested shall be compelled, if necessary, to appear and testify or give statements or

produce items, including documents and records and articles of evidence.

2. Upon request, the Central Authority of the Requested State shall furnish

information in advance about the date and place of the taking of the testimony or

evidence pursuant to this Article.

3. The Requested State shall permit the presence of such persons as specified

in the request during the execution of the request and shall allow such persons to question

the person giving the testimony or evidence.

4. If the person referred to in paragraph 1 asserts a claim of immunity,

incapacity, or privilege under the laws of the Requested State, the claim shall be resolved

in accordance with the laws of the Requested State. If, however, the person referred to in

paragraph 1 asserts a claim of immunity, incapacity, or privilege under the laws of the

Requesting State, the testimony or evidence shall nonetheless be taken and the claim
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made known to the Central Authority of the Requesting State for resolution by the

authorities of that State.

5. Evidence that has been produced in the Requested State pursuant to this

Article or that has been the subject of testimony taken under this Article shall, upon

request, be authenticated by an attestation, including, in the case of business records,

authentication in the manner indicated in Form A appended to this Treaty. The absence

or nonexistence of such records shall, upon request, be certified through the use of Form

B appended to this Treaty. Records authenticated by Form A, or Form B certifying the

absence or nonexistence of such records, shall be admissible in evidence in the Requesting

State.

Article 9

Records of Government Agencies

1. The Requested State shall provide the Requesting State with copies of

publicly available records, including documents or information in any form, in the

possession of government departments and agencies in the Requested State.

2. The Requested State may provide copies of any records, including

documents or information in any form, that are in the possession of a government

department or agency in that State but that are not publicly available, to the same extent

and under the same conditions as such copies would be available to the Requested State's

own law enforcement or judicial authorities. The Requested State may in its discretion

deny a request for records that are not publicly available entirely or in part.

3. Records produced pursuant to this Article shall, upon request, be

authenticated by an official responsible for maintaining them through the use of Form C

appended to this Treaty. The absence or nonexistence of such records shall, upon

request, be certified by an official responsible for maintaining similar records through the

use of Form D appended to this Treaty. No further authentication shall be necessary.
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Records authenticated by Form C, or Form D certifying the absence or nonexistence of

such records, shall be admissible in evidence in the Requesting State.

Article 10

Appearance Outside of the Requested State

1. When the Requesting State requests that a person in the Requested State

appear outside the Requested State, the Requested State shall invite the person to do so.

The Central Authority of the Requested State shall promptly inform the Central

Authority of the Requesting State of the person's response.

2. The Requesting State shall indicate the extent to which the person's

expenses will be paid. A person who agrees to appear may ask that the Requesting State

advance money to cover these expenses. This advance may be provided through the

Embassy or a consulate of the Requesting State.

3. The Central Authority of the Requesting State may, in its discretion,

determine that a person appearing in the Requesting State pursuant to this Article shall

not be subject to service of process, or be detained or subjected to any restriction of

personal liberty, by reason of any acts or convictions that preceded the person's

departure from the Requested State.

4. The safe conduct provided for by this Article shall cease seven days after

the Central Authority of the Requesting State has notified the Central Authority of the

Requested State that the person's presence is no longer required, or when the person,

having left the Requesting State, voluntarily returns. The Central Authority of the

Requesting State may, in its discretion, extend this period for up to fifteen days if it

determines that there is good cause.
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Article 11

Transfer of Persons in Custody

1. A person in the custody of the Requested State whose presence outside of

the Requested State is sought for purposes of assistance under this Treaty shall be

transferred from the Requested State for that purpose if the person consents and if the

Central Authorities of both States agree.

2. A person in the custody of the Requesting State whose presence in the

Requested State is sought for purposes of assistance under this Treaty may be transferred

from the Requesting State to the Requested State for that purpose if the person consents

and if the Central Authorities of both States agree.

3. For purposes of this Article:

(a) the receiving State shall have the authority and the obligation to

keep the person transferred in custody unless otherwise authorized

by the sending State;

(b) the receiving State shall return the person transferred to the custody

of the sending State as soon as circumstances permit or as otherwise

agreed by both Central Authorities;

(c) the receiving State shall not require the sending State to initiate

extradition or any other proceedings for the return of the person

transferred; and

(d) the person transferred shall receive credit for service of the sentence

imposed in the sending State for time served in the custody of the

receiving State.

(e) where the receiving State is a third State, the Requesting State shall

make all arrangements necessary to meet the requirements of this

paragraph.
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Article 12

Transit of Persons in Custody

1. The Requested State may, subject to any constitutional limitations,

authorize the transit through its territory of a person held in custody, by the Requesting

State or a third State, whose personal appearance has been requested by the Requesting

State in an investigation, prosecution, or proceeding.

2. The Requested State shall have the authority and the obligation to keep the

person in custody during transit.

Article 13

Location or Identification of Persons or Items

The Requested State shall use its best efforts to ascertain the location or identity in

the Requested State of persons or items specified in a request.

Article 14

Service of Documents

1. The Requested State shall use its best efforts to effect service of any

document relating, in whole or in part, to any request for assistance made by the

Requesting State under the provisions of this Treaty.

2. The Requesting State shall transmit any request for the service of a

document requiring the appearance of a person before an authority in the Requesting

State a reasonable time before the scheduled appearance.

3. The Requested State shall return a proof of service in the manner specified

in the request.
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Article 15

Search and Seizure

1. The Requested State shall, to the extent permitted by its law, execute a

request that it search for, seize, and transfer any item to the Requesting State if the

request includes the information justifying such action under the laws of the Requested

State.

2. Upon request, every official who has custody of a seized item shall certify,

through the use of Form E appended to this Treaty, the identity of the item, the continuity

of custody, and any changes in condition. No further certification shall be required. The

Forms shall be admissible in evidence in the Requesting State.

3. The Central Authority of the Requested State may require that the

Requesting State agree to terms and conditions deemed to be necessary to protect third

party interests in the item to be transferred.

Article 16

Return of Items

The Central Authority of the Requested State may require that the Central

Authority of the Requesting State return, as soon as possible, any items, including

documents, records, and articles of evidence furnished to it in execution of a request

under this Treaty.

Article 17

Proceeds and Instrumentalities of Offenses

1.	If the Central Authority of one Party becomes aware that proceeds or

instrumentalities of offenses that may be forfeitable or otherwise subject to seizure are

located in the other Party, it may so inform the Central Authority of the other Party. If

the Party receiving such information has jurisdiction in this regard, it may present this
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information to its authorities for a determination whether any action is appropriate.

These authorities shall issue their decision in accordance with the laws of their country.

The Central Authority of the Party that received the information shall inform the Central

authority of the Party that provided the information of the action taken.

2. The Parties shall assist each other to the extent permitted by their

respective laws in proceedings relating to the forfeiture of the proceeds and

instrumentalities of offenses, restitution to the victims of crime, and the collection of fines

imposed as sentences in criminal prosecutions. This may include action to temporarily

immobilize the proceeds or instrumentalities pending further proceedings.

3. The Party that has custody over proceeds or instrumentalities of offenses

shall dispose of them in accordance with its laws. Either Party may transfer to the other

Party all or part of such assets, or the proceeds of their sale, to the extent not prohibited

by the transferring Party's laws and upon such terms as it deems appropriate.

Article 18

Compatibility with Other Arrangements

Assistance and procedures set forth in this Treaty shall not prevent either Party

from granting assistance to the other Party through the provisions of other applicable

international agreements, or through the provisions of its national laws. The Parties may

also provide assistance pursuant to any bilateral arrangement, agreement, or practice

that may be applicable.

Article 19

Consultation and Resolution of Disputes

1.	The Central Authorities of the Parties shall consult, at times mutually

agreed to by them, to promote the most effective use of this Treaty. The Central
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Authorities may also agree on such practical measures as may be necessary to facilitate

the implementation of this Treaty.

2. Any dispute arising out of the interpretation, application, or

implementation of this Treaty shall be resolved through diplomatic channels if the

Central Authorities are themselves unable to reach agreement.

Article 20

Ratification, Entry Into Force, and Termination

1. This Treaty shall be subject to ratification, and the instruments of

ratification shall be exchanged as soon as possible.

2. This Treaty shall enter into force upon the exchange of the instruments of

ratification.

3. This Treaty shall apply to any request presented after the date of its entry

into force whether the relevant acts or omissions occurred prior to or after that date.

4. Either Party may terminate this Treaty by means of written notice to the

other Party. Termination shall take effect six months following the date of receipt of the

notification.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their

respective Governments have signed this Treaty.

DONE at Nicosia, in duplicate, this 20th day of December, 1999, in the English and

Greek languages, both texts being equally authentic. In case of divergence the English

text shall prevail.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA: REPUBLIC OF CYPRUS:
Form A

CERTIFICATION OF BUSINESS RECORDS

I, attest on penalty of criminal punishment for false

name	

statement or attestation that I am employed by/associated with

in the position of and by reason of my position am 	[business position or title]	

authorized and qualified to make this attestation. Each of the records attached hereto is

the original or a duplicate of the original record in the custody of the above-named

business that:

(A) was made, at or near the time of the occurrence of the matters set forth, by (or

from information transmitted by) a person with knowledge of those matters;

(B) was kept in the course of a regularly conducted business activity;

(C) was made by the business as a regular practice; and

(D) if not an original record, is a duplicate of the original.

[date of execution]	

[place of execution] [signature]	

Sworn to or affirmed before me, (name), a judicial officer, this

day of , 20 .
Form B

CERTIFICATION OF ABSENCE OR NONEXISTENCE

OF BUSINESS RECORDS

I, attest on penalty of criminal punishment for false

[name] 	

statement or attestation that I am employed by/associated with

in the position of and by reason of my position am are sought]	[business position or title]	

authorized and qualified to make this attestation.

As a result of my employment/association with the above-named business, I am

familiar with the business records it maintains. The business maintains records that are:

(A) made, at or near the time of the occurrence of the matters set forth, by (or

from information transmitted by) a person with knowledge of those

matters;

(B) kept in the course of a regularly conducted business activity; and

(C) made by the business as a regular practice.

Among the records so maintained are records of individuals and entities that have

accounts or otherwise transact business with the above-named business. I have made or

caused to be made a diligent search of those records. No records have been found

reflecting any business activity between the business and the following individuals and

entities:

[date of execution]

[place of execution]	

[signature]	

Sworn to or affirmed before me, (name), a judicial officer, this

day of , 20_.
Form C

CERTIFICATION OF OFFICIAL RECORDS

I, attest on penalty of criminal punishment for false

[name] 	

statement or attestation that:

1. is a government office or [name of office or agency]	

agency of and is authorized by law to maintain official

	 [country]

records setting forth matters authorized by law to be reported and recorded

or filed;

2. my position with the above-named public authority is

]; [official title

3. in my official capacity I have caused the production of true and

accurate copies of records maintained by that public authority; and

4. those copies are described below and attached.

Description of Documents:

[signature] [date]	

Official Seal
Form D

CERTIFICATION OF ABSENCE OR NONEXISTENCE

OF OFFICIAL RECORDS

I, attest on penalty of criminal punishment for false [name] 	

statement or attestation that:

1. is a government office or agency [name of office or agency]	

of and is authorized by law to maintain official records

	 [country]

setting forth matters authorized by law to be reported and recorded or filed;

2. records of the type described below set forth matters that are

authorized by law to be reported and recorded or filed, and such matters

regularly are recorded or filed by the above-named public authority;

3. my position with the above-named public authority is [official

title] 	

4. in my official capacity I have caused the production of true and

accurate copies of records maintained by that public authority; and

5. no such records have been found to exist therein.

Description of Documents:

[signature]	

[date]

Official Seal
Form E

CERTIFICATION WITH RESPECT TO SEIZED ITEMS

I, attest on penalty of criminal punishment for false [name] 	

statement or attestation that:

1. My position with the Government of is

	 

[official title]

2. I received custody of the items listed below from

at

[date]	[place];

on

[name of person]

and

3. I relinquished custody of the items listed below to 	[name of person]

on [da te]	, at [place] in the same condition

as when I received them (or, if different, as noted below).

Description of Articles:

Changes in condition while in my custody:

[d ate of execution]	

	[ place of execution]	

	[signature]

Official Seal