TREATIES AND OTHER INTERNATIONAL ACTS SERIES 09-121 

________________________________________________________________________ 

MUTUAL LEGAL ASSISTANCE 

 Treaty Between the 

UNITED STATES OF AMERICA 

and MALAYSIA 

Signed at Kuala Lumpur July 28, 2006 

 with 

Annex 
 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.” 
 MALAYSIA 

 Mutual Legal Assistance 

Treaty signed at Kuala Lumpur July 28, 2006; 

Transmitted by the President of the United States of America 

 to the Senate November 14, 2006 (Treaty Doc. 109-22, 

 109th Congress, 2d Session); 

Reported favorably by the Senate Committee on Foreign Relations 

 July 29, 2008 (Senate Executive Report No. 110-14, 

 110th Congress, 2d Session); 

Advice and consent to ratification by the Senate 

 September 23, 2008; 

Ratified by the President October 29, 2008; 

Ratified by Malaysia November 7, 2008; 

Ratifications exchanged at Washington January 21, 2009; 

Entered into force January 21, 2009. 

With annex. 
TREATY

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF MALAYSIA

ON

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

The Government of the United States of America and the Government of

Malaysia (hereinafter referred to singularly as the "Party" and collectively as the

"Parties"):

DESIRING to improve the effectiveness of the law enforcement authorities of the

Parties in the investigation of crime and in proceedings pertaining to criminal

matters through cooperation and mutual legal assistance in criminal matters,

HAVE AGREED as follows:

ARTICLE 1

SCOPE OF ASSISTANCE

1. The Parties shall, in accordance with this Treaty, render to one another

the widest measure of mutual legal assistance in connection with investigations

and proceedings pertaining to criminal matters.

2. Mutual legal assistance to be rendered in accordance with this Treaty

shall include:

(a) taking of evidence, including testimony, documents, records and

items or things, by way of judicial process;

(b) taking of voluntary statements of persons;

(c) providing documents, records and items or things;

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(d) making arrangements for persons to give evidence or to assist in

criminal investigations, including the transfer of persons in custody;

(e) effecting service of judicial documents;

(f) executing searches and seizures;

(g) locating and identifying persons or items or things and examining

objects and sites;

(h) freezing and forfeiting assets or property and collecting fines;

(i) identifying or tracing proceeds of crime and property and

instrumentalities derived from or used in the commission of an

offence; and

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

requested state.

3. This Treaty applies solely to the provision of mutual legal assistance

between the Parties. The provisions of this Treaty shall not create any right on

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

impede the execution of any request for assistance.

ARTICLE 2

DESIGNATION OF CENTRAL AUTHORITIES

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

requests pursuant to this Treaty. Requests from the United States shall be

transmitted through the Ministry of Foreign Affairs of Malaysia to the Malaysia

Central Authority. Requests from Malaysia shall be transmitted through the

Ministry of Foreign Affairs of Malaysia directly to the United States Central

Authority.

2. For Malaysia, the Central Authority shall be the Attorney General or a

person designated by the Attorney General.

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

Attorney General or a person designated by the Attorney General.

4. Each Party shall expeditiously notify the other of any change in the

designation of its Central Authority.

5. Except as otherwise provided in paragraph 1, the Central Authorities shall

communicate directly with one another for the purposes of this Treaty.

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ARTICLE 3

LIMITATIONS ON ASSISTANCE

1. The Central Authority of the requested state may refuse assistance if, in

the opinion of the Central Authority of the requested state-

(a) the request relates to a political offence;

(b) the request relates to an offence under military law that if it had

occurred in the requested state would not be an offence under

ordinary criminal law in the requested state;

(c) there are substantial grounds for believing that the request was

made for the purpose of investigating, prosecuting, or punishing a

person on account of the person's race, religion, sex, ethnic origin,

nationality or political opinions;

(d) the request relates to the investigation or prosecution of a person

for an offence in a case where the person has been convicted or

acquitted by a court in the requested state in respect of the same

offence;

(e) the request relates to an act or omission that, if it had occurred in

the requested state, would not have constituted an offence against

the laws of the requested state punishable under the laws of that

state by deprivation of liberty for a period of one year or more, or by

a more severe penalty;

(f) the execution of the request would prejudice the sovereignty,

security, public order or other essential interest of the requested

state;

(g) the Central Authority of the requesting state has, in respect of that

request, failed to comply with any material terms of this Treaty or

failed to agree to reasonable conditions imposed under paragraph

4 of this Article;

(h) the facts constituting the offence to which the request relates do not

indicate an offence of sufficient gravity;

(i) the item or thing requested is of insufficient importance to the

investigation or could reasonably be obtained by other means.

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2. Without prejudice to any other offences which satisfy dual criminality, a

request that relates to an offence identified in the Annex to this Treaty shall not

be refused pursuant to subparagraph (1)(e) of this Article as the Parties have

determined that dual criminality exists for such offences. The Annex to this

Treaty may be modified by the Parties by an exchange of notes.

3. Assistance shall not be refused solely on the ground of secrecy of banks

and similar financial institutions or that the offence is also considered to involve

fiscal matters.

4. 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 Party accepts assistance subject to these

conditions, it shall comply with the conditions.

5. If the Central Authority of the requested state refuses assistance, it shall

promptly inform the Central Authority of the requesting state of the grounds of

refusal.

ARTICLE 4

FORM OF REQUESTS

Requests for assistance shall be made in writing, including, where possible, by

electronic means that are capable of establishing authenticity. In urgent

situations, requests may be made orally or by any other means, but in such

cases the requests shall be confirmed in writing as soon as possible, but not later

than ten days thereafter, unless the Central Authority of the requested state

agrees otherwise.

ARTICLE 5

CONTENTS OF REQUESTS

1. A request shall contain the following:

(a) the name of the competent authority conducting the investigation or

proceedings to which the request relates;

(b) the purpose of the request and the nature of the assistance sought;

(c) a description of the offence to which the request relates, including

the applicable penalty, and a statement or text of the relevant laws;

(d) a description of the facts alleged to constitute the offence; and

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

sought.

2. Requests for assistance shall also, to the extent necessary, contain the

following information:

(a) the identity and location of any person from whom evidence is

sought;

(b) a list of questions to be asked of a witness;

(c) the identity and location of a person to be served, that person's

relationship to the criminal proceedings, and the manner in which

service is to be made;

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

the items or things to be seized;

(e) information on the identity and suspected whereabouts of a person

to be located;

(f) a description of the property, asset or items or things to which the

request relates, including its identity and location;

(g) in the case of a request for the enforcement of a forfeiture order or

any other court order, a certified copy of the court order relating to

the assistance requested and a statement relating to the finality of

that order;

(h) a description of any particular procedure to be followed;

(i) specification of any time limit within which compliance with the

request is desired;

(j) any special requirement for confidentiality and the reasons for it;

and

(k) such other information or requirement as is necessary for the

proper execution of the request.

3. Requests, supporting documents and other communications made

pursuant to this Treaty shall be in the English language.

4. If the Central Authority of the requested state considers that the

information contained in the request is not sufficient to enable the request to be

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executed, the Central Authority may request additional information. The

requesting Party shall supply such additional information as the requested Party

considers necessary to enable the request to be fulfilled.

ARTICLE 6

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 courts of the requested state shall have

authority to issue subpoenas, search warrants or other orders necessary to

execute the request.

2. Requests shall be executed in accordance with the laws 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.

3. The Central Authority of the requested state shall represent the interests

of the requesting Party or may, if requested to do so, make other arrangements

for the representation of the requesting Party in the requested state in any

proceedings arising out of a request for assistance.

4. The Central Authority of the requested state shall respond within a

reasonable period to reasonable inquiries by the Central Authority of the

requesting state concerning progress toward execution of the request.

5. If the Central Authority of the requested state determines that execution of

a request would interfere with an ongoing investigation or proceeding pertaining

to a criminal matter in that state, it may postpone execution, or make execution

subject to conditions determined necessary after consultations with the Central

Authority of the requesting state. If the requesting Party accepts the assistance

subject to the conditions, it shall comply with the conditions.

6. Where, in the opinion of the requested Party, the provision of assistance

pursuant to a request is likely to create a significant safety risk in the requested

state, the Parties shall consult on reasonable measures to address the safety

concern.

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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 the

request. If execution of the request is denied, delayed or postponed, the Central

Authority of the requested state shall inform the Central Authority of the

requesting state of the reasons for the denial, delay or postponement.

ARTICLE 7

LIMITATIONS ON USE OF EVIDENCE OBTAINED AND PROTECTION OF

CONFIDENTIALITY

1. The requesting Party shall not, without the consent of the requested Party

and subject to such terms and conditions as the requested Party considers

necessary, use or transfer information or evidence provided by the requested

Party for investigations or proceedings pertaining to a criminal matter other than

those stated in the request.

2. The requested Party shall, upon request and to the extent permitted by its

laws, use its best efforts to keep confidential the request for assistance, its

contents and its supporting documents, the fact of granting of such assistance

and any action taken pursuant to the request. If the request cannot be executed

without breaching the confidentiality requirements stated in the request, the

requested Party shall so inform the requesting Party, which shall then determine

whether the request should nevertheless be executed.

3. 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 terms and conditions it may specify. If the requesting Party accepts

the information or evidence subject to such conditions, the requesting Party shall

use its best efforts to comply with the conditions.

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

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

requesting state in a criminal prosecution. The requesting Party shall notify the

requested Party in advance of any such proposed disclosure.

5. Information or evidence, the contents of which have been disclosed in a

public judicial or administrative proceeding, may thereafter be used for any

purpose.

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ARTICLE 8

OBTAINING OF EVIDENCE

1. A person in the requested state from whom evidence is requested

pursuant to this Treaty shall appear and provide a statement, or sworn or

affirmed testimony, or produce documents, records or items of evidence. The

person may provide such evidence voluntarily or the requested Party may

compel the testimony or production of such evidence, as may be necessary.

2. The requested Party shall, as necessary, authorize the use of compulsory

process to execute a request for testimony or evidence for use in a proceeding

pertaining to a criminal matter regardless of whether such a proceeding takes

place in a court.

3. Upon request, the requested Party shall permit the presence of persons

set forth in the request during the execution of the request and, to the extent

permitted by its laws, shall allow specified persons to question the person giving

the testimony or evidence.

4. 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, in the case of requests by Malaysia, as required

under Malaysian laws and specified in the request, and in the case of requests

by the United States of America, by use of Form A or Form B, as the case may

require, appended to this Treaty.

5. If a person who is required to give sworn or affirmed testimony or produce

documents, records or items of evidence under this Article claims that there is a

right to decline to do so under the laws of the requested state, the claim shall be

resolved by the authorities of the requested state. If such a claim is made

regarding a right under the laws of the requesting state, the requesting Party

shall, if so requested, provide a statement to the requested Party of its views as

to the validity of the claim and whether the evidence shall nonetheless be taken

and forwarded and the claim resolved by the authorities of the requesting state.

6. For the purpose of executing a request for the taking of testimony, the

Parties may agree on a case by case basis to the use of live video or television

links or other appropriate communications facilities in accordance with the laws

and procedures of the requested state if it is expedient and in the interests of

justice to do so.

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ARTICLE 9

PROVISION OF PUBLICLY AVAILABLE DOCUMENTS AND OTHER

RECORDS

1. The requested Party shall provide the requesting Party 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 Party may, to the extent permitted by its laws, provide the

requesting Party with copies of any records, including documents or information

in any form, that are in the possession of a government department or agency in

the requested state but that are not publicly available. The requested Party may

in its discretion deny, entirely or in part, a request pursuant to this paragraph.

3. Records produced in the requested state pursuant to this Article shall,

upon request, be authenticated, in the case of requests by Malaysia, as required

under Malaysian laws and specified in the request, and in the case of requests

by the United States of America, by use of Form C or Form D, as the case may

require, appended to this Treaty.

ARTICLE 10

ATTENDANCE OF PERSON IN THE REQUESTING STATE

1. The requested Party shall, upon request, invite a person to attend in the

requesting state as a witness or expert in proceedings pertaining to a criminal

matter or to assist in an investigation and where the person consents, assist in

arranging that person's attendance.

2. The requesting Party shall indicate the extent to which the person's

expenses will be paid. A person who agrees to attend in the requesting state

may ask that the requesting Party advance money to cover these expenses.

This advance may be provided through the Embassy or a Consulate of the

requesting Party.

3. Where a person is asked to attend in the requesting state, the request

shall contain information on the following matters:

(a) the fees, allowances and expenses, if any, to which he will be

entitled;

(b) the arrangements for his security, if any, while he is traveling to and

from the requesting state and while he is in the requesting state;

and

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(c) the arrangements for his accommodation, if any, while he is in the

requesting state.

ARTICLE 11

ATTENDANCE OF PERSON IN CUSTODY IN THE REQUESTING STATE

1. The requested Party may, upon request, agree to allow a person in

custody in the requested state, subject to his consent and if the Central

Authorities agree, to be temporarily transferred to the requesting state to give

evidence or to assist in an investigation.

2. The requesting Party shall hold the person in custody, unless otherwise

authorized by the requested Party, and shall return that person in custody to the

requested Party at the conclusion of the matter, or as soon as circumstances

permit or otherwise agreed by both Central Authorities.

3. The requesting Party shall not require the requested Party to initiate

extradition or any other proceedings for the return of the person transferred.

4. The period during which such person was under the custody of the

requesting Party shall count towards the period of his imprisonment or detention

in the requested state.

ARTICLE 12

SAFE CONDUCT

1. The Central Authority of the requesting state may, in its discretion,

determine that a person attending in the requesting state pursuant to Article 10 or

11 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

his departure from the requested state. Nothing in this Article shall preclude the

requesting Party from holding a person in custody pursuant to Article 11(2).

2. 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 to that state. The

Central Authority of the requesting state may, in its discretion, extend this period

up to fifteen days if it determines that there is good cause to do so.

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ARTICLE 13

TRANSIT OF PERSONS IN CUSTODY

1. The requested Party may, upon request, authorize the transit through its

territory of a person held in custody by the requesting Party or a third state

whose attendance has been requested by the requesting Party in an

investigation or proceedings pertaining to a criminal matter.

2. The requested Party shall have the authority and the obligation to keep

the person in custody during transit unless otherwise agreed between the

Parties.

3. Where a person is being held in custody in the requested state on transit

and the person's transportation is not continued within a reasonable time, the

person may be returned to the state from which the person was first transported.

ARTICLE 14

SEARCH AND SEIZURE

1. The requested Party shall, upon request, execute a request for the search,

seizure and delivery of any documents, records or items or things to the

requesting Party if the request includes the information justifying such action

under the laws of the requested state.

2. The Central Authority of the requested state may require that the

requesting Party agree to terms and conditions related to any seized documents,

records or items or things which may be delivered to the requesting Party that

are considered necessary by the requested Party to protect the documents,

records or items or things to be transferred.

3. Upon request, every official who has custody of a seized article shall

certify the identity of the article, the continuity of custody, and any changes in

condition, in the case of requests by Malaysia, as specified in the request, and in

the case of requests by the United States of America, by use of Form E

appended to this Treaty. No further certification shall be required. The form shall

be admissible in evidence in the requesting state.

ARTICLE 15

LOCATION OR IDENTIFICATION OF PERSONS OR ITEMS OR THINGS

The requested Party shall, upon request, use its best efforts to ascertain the

location or identity of a person or item or thing specified in the request and

reasonably believed to be within its territory.

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ARTICLE 16

SERVICE OF DOCUMENTS

1. The requested Party shall, upon request, use its best efforts to effect

service of any document relevant to an investigation or proceeding pertaining to

a criminal matter arising in the requesting state that is transmitted to it for this

purpose by the requesting Party.

2. If the document pertains to a response or appearance in the requesting

state, it shall be transmitted a reasonable time before the scheduled response or

appearance.

3. The requested Party shall return a proof of service in the manner mutually

agreed by the Parties.

ARTICLE 17

ASSISTANCE IN FORFEITURE PROCEEDINGS

1. The requested Party shall, upon request and to the extent permitted by its

laws, endeavor to locate, trace, restrain, freeze, seize, forfeit or confiscate the

proceeds of crime and the instrumentalities of crime or recover pecuniary

penalties.

2. A Party in control of forfeited or confiscated property or assets or

pecuniary penalties recovered shall dispose of them according to its laws. To the

extent permitted by its laws, that Party may transfer all or any part of such

property or the proceeds of its sale or the pecuniary penalties recovered to the

other Party upon mutually acceptable terms.

3. In the application of this Article, the rights of bona fide third parties shall be

respected.

ARTICLE 18

COMPATIBILITY WITH OTHER ARRANGEMENTS

Nothing in this Treaty shall prevent the Parties from providing assistance to each

other pursuant to other treaties, arrangements, practices or the provisions of their

national laws.

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ARTICLE 19

COSTS

1. The requested Party shall assume all ordinary expenses of fulfilling the

request for assistance, except that the requesting Party shall bear -

(a) the fees of other counsel retained at the request of the requesting

Party;

(b) the fees and reasonable expenses of expert witnesses;

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

(d) the expenses associated with conveying any person to or from the

territory of the requested state and any fees, allowances and

expenses payable to the person concerned while that person is in

the requesting state pursuant to a request made under Article 10 or

11 of this Treaty; and

(e) the travel expenses of custodial or escorting officers as agreed

between the Parties.

2. The costs of utilizing live video or television links or other appropriate

communications facilities shall be borne by the requesting Party, unless the

Parties mutually agree otherwise.

3. If during the execution of the request it becomes apparent that resources,

including expenses, of an extraordinary or substantial nature are required to fulfill

the request, the Parties shall consult to determine the terms and conditions under

which the execution of the request is to be effected or continued.

ARTICLE 20

CONSULTATION

1. The Central Authorities shall consult, at times mutually agreed upon by

them, to promote the most effective use of this Treaty.

2. The Central Authorities may develop such practical measures as may be

necessary to facilitate the implementation of this Treaty.

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' Seri Syed Hamid •ar

mister of Foreign Affairs

ARTICLE 21

SETTLEMENT OF DISPUTES

Any difference or dispute between the Parties arising from the interpretation or

implementation of the provisions of this Treaty shall be resolved through the

diplomatic channel if the Central Authorities are not able to reach

accommodation after a reasonable period.

ARTICLE 22

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 instruments of

ratification.

3. This Treaty shall apply to requests presented after the date of its entry into

force whether the relevant acts or omissions constituting the offence occurred

before or after that date.

4. Either Party may terminate this Treaty by written notification to the other.

Termination shall take effect six months following the date of notification.

5. Termination of this Treaty shall be without prejudice to the completion of

any requests made pursuant to this Treaty before or up to the date of

termination.

IN WITNESS WHEREOF the undersigned, being duly authorized by their

respective Governments, have signed this Treaty.

Done at Kuala Lumpur on this 28th day of July 2006 in two original copies in the

English language.

FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA

Co oleez=ice

Secretary of State

FOR THE GOVERNMENT OF

MALAYSIA

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ANNEX

1 Offences against the laws relating to possession, trafficking, cultivation,

manufacture, import or. export of dangerous drugs including narcotics, and

psychotropic substances, precursors and essential chemicals used in the

illegal manufacture of narcotics and psychotropic substances.

2. Racketeering activity, including -

(a) using income derived from a pattern of criminal activity to establish,

operate, or acquire an interest in an enterprise engaged in or

affecting interstate commerce;

(b) acquiring or maintaining control of or an interest in such an

enterprise through a pattern of criminal activity or collection of

illegal debt; or

(c) conducting or participating in the conduct of such an enterprise's

affairs through a pattern of criminal activity or collection of illegal

debt.

3. Offences against the laws relating to money laundering, including —

(a) failing to make or causing another to fail to make to the

Government a report which is required by law to be made in

respect of a transfer of currency or other financial transaction;

(b) converting, transferring or receiving property knowing that such

property is derived from a criminal offence, for the purpose of

concealing or disguising the illicit origin of such property or of

assisting any person involved in the commission of such offence to

evade the legal consequences of his actions;

(c) concealing or disguising the true nature, source, location,

disposition or movement or ownership of property knowing that

such property is derived from a crime; or

(d) possessing or laundering of proceeds obtained from the

commission of any offence for which mutual legal assistance may

be granted in accordance with this Treaty.

4. Cheating, fraud (against the Government or individuals), obtaining

property or pecuniary advantage by deception, willful issuance of a

cheque under a false name or without having made arrangements with a

financial institution, or after transactions have been suspended by such an

institution, or the willful failure to honor a cheque.

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5. Offences against the laws relating to securities and futures trading, and

fraudulent securities practices including the use by any person of any

means, directly or indirectly, in connection with the offer, purchase or sale

of any security -

(a) to employ any device, scheme or artifice to defraud;

(b) to willfully make any misleading statement or provide any

misleading information to shareholders or securities authorities or

others; or

(c) to willfully engage in any act, practice or course of business which

operates or would operate as a fraud or deceit upon any person.

Offences against the laws relating to insider trading, including the offer,

purchase or sale of securities by any person while in possession of

material non-public information directly or indirectly relating to the

securities offered, purchased or sold in breach of a legally binding duty or

trust or confidence.

7. Offences against the laws relating to bribery and corruption, including acts

involving foreign public officials.

8. Offences against the laws relating to fiscal matters, taxes or duties

notwithstanding that the laws of the requested Party do not impose the

same kind of tax or duty or do not contain a tax, duty or customs

regulation of the same kind as the laws of the requesting Party, including-

(a) tax evasion or fiscal fraud by individuals or corporate bodies;

(b) failure to submit returns;

(c) making a false statement or submitting false or misleading

information, whether written or oral, to the relevant authorities; or

(d) intentionally failing to make a report or declaration as required by

law, to relevant authorities in matters concerning customs duties or

taxes.

9. Offences against the laws relating to the environment, including conduct

directed at the destruction, defacing, deterioration or harming of the

earth's environment, the seas or endangered species of plant or animal

life, including illegal possession and trafficking of endangered plant or

animal species.

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10. Offences against the laws relating to export control, including conduct

tending to evade the laws controlling the export of goods or arms.

11. Criminal exploitation of children, whether for sexual or other purposes,

including-

(a) forcing children into prostitution;

(b) commercial dealing in child pornography;

(c) possessing obscene materials for sale, circulation, distribution or

hire; or

(d) publicly exhibiting obscene material or distributing obscene

materials through the Internet.

12. Offences against bankruptcy laws.

13. Offences against the laws relating to corporations or companies, including

offences committed by officers, directors or promoters.

14. Offences against the laws relating to firearms, weapons, ammunition or

explosives of any type.

15. Offences against the laws relating to protection of intellectual property.

16. Offences against the laws relating to immigration and nationality,

including-

(a) harboring illegal immigrants;

(b) fraudulent acquisition or illegal possession or use of a passport or

visa or any other means to engage in any form of criminal activity;

and

(c) arranging or facilitating the illegal entry or exit of persons into or out

of a jurisdiction.

17. Smuggling.

18. Offences against the laws relating to the international transfer of funds.

19. Offences against the laws relating to the protection of computers or

computer systems, computer data or computer security (including

passwords or other related devices).

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20. Piracy involving ships or aircraft.

21. Obstruction of justice, including perjury and attempting to pervert the

course of justice.

22. Offences under multilateral international conventions binding on both

Parties for which offenders must be prosecuted or extradited.

23. Any offence derived from conduct described in this Annex or subject to

mutual legal assistance in accordance with this Treaty where federal

jurisdiction is based upon interstate transport or use of the mails,

telecommunications or other interstate facilities.

24. Offences of criminal conspiracy, attempt, participation or aiding and

abetting and conspiracy offences committed with the common intention of

two or more persons.

25. Any offence under the laws of the requesting State which is connected

with the commission of one or more offences derived from the conduct

described in this Annex or subject to mutual legal assistance in

accordance with this Treaty.

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FORM A

CERTIFICATE OF AUTHENTICITY OF BUSINESS RECORDS

(name), attest on penalty of criminal punishment for

false statement or attestation that I am employed by

(name of business from which documents are sought) and

that my official title is (official title). I further state that each of the

records attached hereto is the original or a duplicate of the original record in the

custody of (name of business from which documents are

sought).

I further state that:

A) such records were 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) such records were kept in the course of a regularly conducted

business activity;

C) the business activity made such records as a regular practice; and

D) if any such record is not the original, it is a duplicate of the original.

(signature) (date)

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

this day of 20 ....

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FORM B

CERTIFICATION OF ABSENCE OR NONEXISTENCE OF BUSINESS

RECORDS

(name), attest on penalty of criminal punishment for

false statement or attestation that I am employed by/ associated with

(name of business from which documents are sought) in

the position of (business position or title) and by reason of my

position am 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)

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FORM C

 (name), attest on penalty of criminal punishment for

false statement or attestation that my position with the Government of

(country) is (official title) and that in

that position I am authorized by the law of (country) to attest that the

documents attached and described below are true and accurate copies of

original official records which are recorded or filed in (name of

office or agency), which is a government office or agency of (country).

Description of Documents:

(signature)

(title)

(date)

21
FORM D

 (name), attest on penalty of criminal punishment for

false statement or attestation that:

1. (name of office or agency) is a government office

or agency of (country) and is authorized by law to maintain

official records 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

22
FORM E

(name), attest on penalty of criminal punishment for false

statement or attestation that my position with the Government of 

(country) is (official title). I received custody of the articles listed

below from (name of person) on (date), 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:

Official Seal

(signature)

(title)

(place)

(date)

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