Document ID: chunk:federal_register_of_legislation:F1996B01930:body:0:p3
Version: federal_register_of_legislation:F1996B01930
Segment Type: other
Provision Reference: 
Character Range: 5216–7934

OF REQUESTS
1. A request shall be executed in accordance with the law of the Requested State and shall be limited to the assistance expressly requested.

2. The Requested State shall promptly inform the Requesting State of a decision of the Requested State not to comply in whole or in part with a request for assistance and the reason for that decision.

SCHEDULE—continued
3. Before refusing to grant a request for assistance, the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to these conditions, it shall comply with the conditions.

4. The Requested state shall notify the Requesting State of the results of the request.

ARTICLE 5
TAKING OF EVIDENCE IN THE REQUESTED STATE
1. The Requested State shall, on request, take the evidence of witnesses and experts.

2. If the person summoned does not appear to give evidence, refuses or fails to give evidence, or gives false evidence, the Requested State shall apply the provisions and sanctions of its law.

ARTICLE 6
ATTENDANCE BY REPRESENTATIVES
1. The Requesting State shall be informed of the date and place of the execution of the request if that State so requests.

2. Where, pursuant to a request for assistance, a person is to give evidence for the purpose of proceedings in the Requesting State, the parties to the relevant proceedings in that State, their legal representatives or representatives of that State may, subject to the law of the Requested State, appear and question the person giving that evidence.

ARTICLE 7
PROVISION AND RETURN OF DOCUMENTS AND OBJECTS
1. In response to a request, the Requested State:
     (a) shall send certified copies of the documents unless the requesting State expressingly requests the originals: or
     (b) may refuse or postpone the delivery of material or original documents if its law does not permit it or if the material or documents are required for proceedings within its jurisdiction.

2. Any material or documents which have been provided in response to a request shall be returned as soon as possible unless the Requested State waives their return.

ARTICLE 8
SERVICE OF DOCUMENTS AND DELIVERY OF PROPERTY
1. If the purpose of the request is the service of documents or the delivery of property, the Requested State shall serve the documents or deliver the property.

2. Service or delivery shall be effected in accordance with the law of the Requested State and shall be proved by a receipt signed and dated by the addressee or by a certificate issued by the Central Office or other competent authority. Either of these documents shall be sent to the Requesting State and if service