Document ID: chunk:federal_register_of_legislation:F2007L00302:body:0:p6
Version: federal_register_of_legislation:F2007L00302
Segment Type: other
Provision Reference: 
Character Range: 13345–16015

such information or evidence only under the terms and conditions specified by the Requested Party.

3. The Requesting Party shall not use any information or evidence obtained under this Treaty for any purposes other than those stated in the request without the prior consent of the Requested Party.

ARTICLE 9
Service of Documents

1. The Requested Party shall, in accordance with its laws and upon request, use its best endeavours to effect service of documents that are transmitted by the Requesting Party.  However, the Requested Party shall not be obligated to effect service of a document which requires a person to appear as the accused.

2. The Requesting Party shall transmit any request for the service of a document requiring the appearance of a person before an authority in the territory of the Requesting Party no less than sixty days before the scheduled appearance unless, in urgent cases, the Requested Party has agreed to a shorter period of time.

3. The Requested Party shall, after effecting service, provide the Requesting Party with proof of service that shall include the description of the date, place, and manner of service, and be affixed with the signature or seal of the authority which served the document.

ARTICLE 10
TAKING OF EVIDENCE

1. Where a request is made for the purpose of a proceeding in relation to a criminal matter in the Requesting Party, the Requested Party shall, upon request, take evidence from persons and transmit it to the Requesting Party.

2. For the purposes of this Treaty, the giving or taking of evidence shall include the taking of oral testimony and the production of documents, records or other material.

3.  Insofar as it is not contrary to the laws of the Requested Party, the Requested Party shall permit the presence of such persons as specified in the request during the execution of the request, and shall allow such persons to pose questions to the person from whom evidence is to be taken, in a manner agreed to by the Requested Party.  For this purpose, the Requested Party shall promptly inform the Requesting Party of the time and place of the execution of the request.

4. A person who is required to give evidence in the Requested Party under this Article may decline to give evidence where either:
       (a) the law of the Requested Party permits that witness to decline to give evidence in similar circumstances in proceedings originating in the Requested Party; or
       (b) the law of the Requesting Party permits that witness to decline to give evidence in such proceedings in the Requesting Party.

5. If any person claims that there is a right to decline to give evidence under the law