Document ID: chunk:federal_register_of_legislation:F1996B01842:body:0:p5
Version: federal_register_of_legislation:F1996B01842
Segment Type: other
Provision Reference: 
Character Range: 10887–13675

and proceeding described in the request.

2. The Requested State, if so requested, shall keep the request for assistance, its contents and supporting documents, and the fact of granting of such assistance, confidential. If the request cannot be executed without breaching confidentiality, the Requested State shall so inform the Requesting State which shall then determine whether the request should nevertheless be executed.

3. The Requesting State shall not use evidence obtained, nor information derived therefrom, for purposes other than those stated in a request without the prior consent of the Requested State.

Article 9
Service of Documents

 A request to effect service of a document requiring the appearance of a person shall be made not less than 30 days before the date on which the personal appearance is required. In urgent cases, the Requested State may waive this requirement.

Article 10
Taking of Evidence

1. The Requested State shall take the evidence of witnesses for transmission to the Requesting State if a request is made for the purpose of a proceeding in relation to a criminal matter in the Requesting State.

2. The giving or taking of evidence shall include the production of documents, records or other material.

3. The request for assistance under this Article shall indicate the nature of the questions to be put to the witnesses or the subject matter about which they are to be examined.

4. The parties to the relevant proceedings in the Requesting State, their legal representatives or representatives of the Requesting State may, subject to the laws of the Requested State, appear and question the person giving evidence in accordance with this Article.

5. A person who is required to give evidence in the Requested State under this Article may decline to give evidence where either:

         (a) the law of the Requested State permits that witness to decline to give evidence in similar circumstances in proceedings originating in the Requested State; or
         (b) where the law of the Requesting State permits that witness to decline to give evidence in such proceedings in the Requesting State.

6. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Requested State shall, with respect thereto, rely on a certificate of the Central Office of the Requesting State as prima facie proof of the existence of that right.

Article 11
Obtaining of Statements of Persons

 Where a request is made for the obtaining of statements of persons for the purpose of an investigation or proceeding in relation to a criminal matter in the Requesting State, the Requested State shall endeavour to obtain such statements.

Article 12
Availability of Prisoners to Give Evidence
or Assist