Document ID: chunk:federal_register_of_legislation:F1997B02795:body:0:p5
Version: federal_register_of_legislation:F1997B02795
Segment Type: other
Provision Reference: 
Character Range: 10696–13539

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 a request without the prior consent of the Requested State.

ARTICLE 9

SERVICE OF DOCUMENTS

    1. Where the Requesting State issues letters rogatory seeking the service of documents the Requested State shall have such documents served by its competent authorities.

    2. A request to effect service of a document requiring the appearance of a person in court shall be made to the Requested State not less than 45 days before the date on which the appearance is required.  In urgent cases, the Requested State may waive this requirement.

    3. The Requested State shall serve any document in the manner required by the law of the Requesting State provided it is not inconsistent with the law of the Requested State.

    4. The Requested State shall return the letter rogatory to the Requesting State together with a certificate that service has been effected.  If service cannot be effected, the Requesting State shall be so informed and advised of the reasons.

ARTICLE 10

TAKING OF EVIDENCE

    1. If the Requesting State, in connection with a proceeding relating to a criminal matter, requests, by means of a letter rogatory, the taking of testimony of witnesses, the Requested State shall take the testimony and transmit it to the Requesting State.

    2. The Requesting State may also request, by means of a letter rogatory, the production by specified persons of documents, records or other material in their possession and the Requested State shall, subject to its laws and procedures, order such production.

    3. A request to take testimony from a witness shall be made by letter rogatory and shall contain a list of questions to be put to the witness.  The authorities of the Requested State may refuse to ask any questions which are contrary to its constitutional or legal provisions.

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