Document ID: chunk:federal_register_of_legislation:F1996B01928:body:0:p5
Version: federal_register_of_legislation:F1996B01928
Segment Type: other
Provision Reference: 
Character Range: 10762–13544

the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary.  The Requesting State shall comply with conditions imposed by the Requested State.

ARTICLE 9

Return of Documents and Material

After completion of proceedings in the Requesting State, that State shall return to the Requested State upon request any documents or material provided in carrying out the request.  If a third party asserts any claims to any documents or material in the Requested State before those documents or material are handed over to the Requesting State, the Requesting State is bound to return them as soon as possible after the conclusion of the proceedings.

ARTICLE 10

Taking of Evidence

 1. In this Treaty, the giving or taking of evidence shall include the production of documents or material.

 2. Where, pursuant to a request for assistance, a person is to give evidence in proceedings in the Requested State, the person to whom the relevant proceedings in the Requesting State relate, the relevant authority of the Requesting State, and the legal representatives of any of those persons, may be present and put questions in accordance with the rules of procedure of the Requested State, if:
         (a) otherwise the evidence would or would be likely to be inadmissible under the law of the Requesting State; or
         (b) the Requested State is satisfied that any such presence would facilitate the carrying out of the request in the Requested State.

        SCHEDULE—continued

ARTICLE 11

Right to Decline to Give Evidence

A person who is required to give evidence in the Requested State pursuant to a request for assistance may decline to give evidence if under the law of either State the person has a right to refuse to give evidence.  If any person claims that such a right is applicable in the Requesting State, the Requested State shall with respect thereto rely on a certificate of the Central Office of the Requesting State.

ARTICLE 12

Certification

Documents or records transmitted pursuant to this Treaty shall not require any form of certification unless so requested by the Requesting State.  In such a case, and subject to the law of the Requested State, the certification shall be in the form requested by the Requesting State.

ARTICLE 13

Availability of Prisoners to Give Evidence or Information

 1. A prisoner in the Requested State may, at the request of the Requesting State and with the consent of the prisoner, be made available to the Requesting State to give evidence or assist in investigations.

 2. Compliance with the request may be delayed if the continued presence of the prisoner in the Requested State is necessary for the purpose of investigations or proceedings in that