Document ID: chunk:federal_register_of_legislation:F1996B01844:body:0:p4
Version: federal_register_of_legislation:F1996B01844
Segment Type: other
Provision Reference: 
Character Range: 8078–10800

or information obtained for purposes other than those stated in the request without the prior consent of the Requested State except that a Requesting State may use such evidence or information where it is obliged by its law to prosecute persons in respect of that evidence or information.

ARTICLE 9
SERVICE OF DOCUMENTS

1. Each Contracting State, upon request, shall cause service of any document of the other State.

SCHEDULE—continued

2. A request for service of a document requiring the appearance of a person before an authority of the Requesting State shall be transmitted to the Requested State not less than 40 days before the scheduled appearance. In urgent cases, the Requested State may waive this requirement.

3. The Requested State shall return a statement of service.

ARTICLE 10
TAKING OF EVIDENCE BY THE REQUESTED STATE

1. Each Contracting State, upon request, shall take the evidence of witnesses to be used in criminal proceedings in the territory of the other State.

2. For the purpose of this Treaty, the giving or taking of evidence shall include the production of documents, records or other articles.

3. If the law of the Requested State permits, it may allow the presence of an accused and representatives of the Requesting State as well as counsel for those persons and for the relevant witness. The competent authority may provide persons permitted to be present the opportunity to question the witness in accordance with the laws of the Requested State.

4. The witness may decline to give evidence where the law of the Requested State would permit that witness to decline to give evidence in similar circumstances in proceedings in the Requested State. Testimonial privileges under the laws of the Requesting State shall not apply in the execution of a request, but such questions of privilege shall be preserved for the Requesting State.

5. If the person summoned does not appear to give evidence, refuses or fails to give evidence, or gives false evidence, the Requested State shall apply the provisions and sanctions of its own law.

6. A witness shall be entitled to such allowances as may be provided for by the law of the Requested State.

SCHEDULE—continued

ARTICLE 11
OBTAINING OF STATEMENTS OF PERSONS
IN THE REQUESTED STATE

Each Contracting State may request the other State to obtain the statements of persons for the purposes of a criminal matter. The Requested State shall endeavour to obtain the statements referred to.

ARTICLE 12
TAKING OF EVIDENCE OR ASSISTING IN INVESTIGATIONS
IN THE REQUESTING STATE

1. In the case of a request for a person to appear as a witness in a criminal proceeding or to assist in investigations in the Requesting State, the Requested State