Document ID: chunk:federal_register_of_legislation:F1999B00031:body:0:p6
Version: federal_register_of_legislation:F1999B00031
Segment Type: other
Provision Reference: 
Character Range: 13506–16256

the Requested Party would permit that witness to decline to give evidence in similar circumstances in proceedings which originated in the Requested Party; or

       (b) where the law of the Requesting Party would permit the person to decline to give evidence in such proceedings in the Requesting Party.

(6) If any person claims that there is a right to decline to give evidence under the law of the Requesting Party, the Requested Party shall with respect thereto rely on a certificate of the Central Authority of the Requesting Party.

Article X
Obtaining statements of persons

Where a request is made to obtain the statement of a person for the purpose of an investigation or proceeding in relation to a criminal matter in the Requesting Party, the Requested Party shall endeavour to obtain such statement.

Article XI
Location or identity of persons

The Requested Party shall, if requested, endeavour to ascertain the location or identity of any person specified in the request.

Article XII
Service of documents

(1) The Requested Party shall serve any document transmitted to it for the purpose of service.

(2) The Requesting Party shall transmit a request for the service of a document pertaining to a response or appearance in the Requesting Party within a reasonable time before the scheduled response or appearance.

(3) A request for the service of a document pertaining to an appearance in the Requesting Party shall include such notice as the Central Authority of the Requesting Party is reasonably able to provide of outstanding warrants or other judicial orders in criminal matters against the person to be served.

(4) The Requested Party may effect service of any document by mail or, if the Requesting Party so requests, in any other manner required by the law of the Requesting Party which is not inconsistent with the law of the Requested Party.

(5) The Requested Party shall, subject to its law, return a proof of service in the manner required by the Requesting Party.  If service cannot be effected, the Requesting Party shall be so informed and advised of the reasons.

(6) Persons who fail to comply with any process served on them shall not thereby be liable to any penalty or coercive measure pursuant to the law of the Requesting Party.

Article XIII
Publicly available and official documents

(1) Subject to its law the Requested Party shall provide copies of publicly available documents, records or information.

(2) The Requested Party may provide copies of any document, record or information in the possession of a government department or agency, but not publicly available, to the same extent and under the same conditions as such document, record or information would be available to its own