Document ID: chunk:federal_register_of_legislation:F2008L03492:body:0:p6
Version: federal_register_of_legislation:F2008L03492
Segment Type: other
Provision Reference: 
Character Range: 12936–15638

the Requesting State which shall then determine whether the request should nevertheless be executed.

3. The Requested State may require that information or evidence furnished and the source of such information or evidence be kept confidential in accordance with conditions which it shall specify. In that case, the Requesting State shall comply with the conditions except to the extent that the information or evidence is needed for the investigation, prosecution, or proceeding described in the request.

Article 9
Taking Testimony and Statements and Producing Evidence
in the Requested State

1. Upon a request that a person be summoned to give testimony, make a statement, or produce documents, records or articles in the Requested State, that person may be compelled to do so in accordance with the law of the Requested State.

2. A request under this Article shall include, when appropriate, a description of the documents, records or articles of evidence to be produced as well as a description of the appropriate person to be asked to produce them.

3. The Requested State shall, upon request, furnish information to the Requesting State in advance as to the date and place of the taking of the evidence.

4. The Requested State may, subject to its law, authorise the presence of such persons as specified in the request for the taking of testimony or a statement during the execution of the request and allow such persons to question the person whose testimony or statement is sought.

5. A person from whom evidence is to be taken in the Requested State pursuant to a request under this Article may decline to give evidence where the law of the Requested State or that of the Requesting State so provides.

6. If any person in the Requested State claims that there is a right or obligation to decline to give evidence under the law of the Requesting State, the Requesting State shall, upon request, provide a certificate to the Requested State as to the existence or non‑existence of that right. In the absence of evidence to the contrary, the certificate shall be sufficient evidence of the matters stated in it.

Article 10
Providing Records of Government Offices or Agencies

1. The Requested State shall provide copies of publicly available records of a government office or agency.

2. The Requested State may provide any record or information in the possession of a government office or agency which is not publicly available, to the same extent and under the same conditions as it would be available to its own law enforcement or judicial authorities. The Requested State in its discretion may deny the request entirely or in part, in which case it shall promptly inform the Requesting