Document ID: chunk:federal_register_of_legislation:F1999B00145:body:0:p3
Version: federal_register_of_legislation:F1999B00145
Segment Type: other
Provision Reference: 
Character Range: 5328–8073

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.  In any such case, the request shall be confirmed in writing within ten days thereafter unless the Central Authority of the Requested State agrees otherwise.

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 nature of, and the conduct giving rise to, the investigation, prosecution, or proceeding and the specific offenses to which the request relates;
 (c) a description of the evidence, information, or other assistance sought; and
 (d) the purpose for which the evidence, information, or other assistance is sought.

3. To the extent necessary and possible, a request shall also include:
 (a) the identity and location of any person from whom evidence is sought;
 (b) the identity and location of a person to be served, that person's relationship to the proceedings, and the manner in which service is to be made;
 (c) information on the identity and whereabouts of a person to be located;
 (d) a precise description of the place or person to be searched and of the articles to be seized;
 (e) a description of the manner in which any testimony or statement is to be taken and recorded;
 (f) a list of essential questions to be asked of a witness;
 (g) a description of any particular procedure to be followed in executing the request;
 (h) information as to the fees, allowances, and expenses to which a person asked to appear in the Requesting State will be entitled;
 (i) any court order relating to the assistance requested and a statement relating to the finality of that order; and
 (j) any other information which may be brought to the attention of the Requested State to facilitate its execution of the request.

4. If the Central Authority of the Requested State considers that the information contained in the request is not sufficient in accordance with this Treaty to enable the request to be dealt with, it may request additional information.

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 courts of the Requested State are empowered to issue subpoenas, search warrants, or other orders necessary to execute the request.

2. The Central Authority of the Requested State shall make all necessary arrangements for the representation of the Requesting State