Document ID: chunk:federal_register_of_legislation:F2005B00011:body:0:p4
Version: federal_register_of_legislation:F2005B00011
Segment Type: other
Provision Reference: 
Character Range: 7979–10808

upon request, provide certified copies of documents.

3. The Requested State shall promptly inform the Requesting State of circumstances, when they become known to the Requested State, which are likely to cause a significant delay in responding to the request.

4. 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.

ARTICLE 8

RETURN OF MATERIAL TO REQUESTED STATE

Where required by the Requested State, the Requesting State shall return the material provided under this Treaty when no longer needed for the relevant investigation or proceeding.

ARTICLE 9

PROTECTING CONFIDENTIALITY AND RESTRICTING
USE OF EVIDENCE AND INFORMATION

1. The Requested State, if so requested, shall keep the application for assistance, the contents of a request and its 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.

2. The Requesting State, if so requested, shall keep confidential information and evidence provided by the Requested State, except to the extent that the evidence and information is needed for the investigation and proceeding described in the request.

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

ARTICLE 10

SERVICE OF DOCUMENTS

1. The Requested State shall, insofar as possible, effect service of documents which are transmitted to it for this purpose by the Requesting State.

2. A request to effect service of a document by which the appearance of a person is required shall be made to the Requested State not less than 65 days before the date on which the appearance is required. In very urgent cases, the Requested State may waive this requirement.

3. The Requested State shall, upon request, effect service of any document in the manner required by the Requesting State, provided this is not inconsistent with the law of the Requested State.

4. The Requested State shall forward to the Requesting State proof of service of the documents. If service cannot be effected, the Requesting State shall be so informed and advised of the reasons.

ARTICLE 11

TAKING OF EVIDENCE

1. A request for the taking of evidence shall be executed in accordance with the requirements of the Requesting State to the extent permitted by the law of the Requested State.

2. If the Requesting State requests the assistance of the Requested State in obtaining in the territory