Document ID: chunk:federal_register_of_legislation:F1999B00145:body:0:p5
Version: federal_register_of_legislation:F1999B00145
Segment Type: other
Provision Reference: 
Character Range: 10425–13214

any investigation, prosecution, or proceeding other than that described in the request without the prior consent of the Requested State.

2. The Central Authority of the Requested State may request that information or evidence furnished under this Treaty be kept confidential or be used only subject to terms and conditions it may specify.  In such cases, the Requesting State shall use its best efforts to comply.

3. Information or evidence which has been made public in the Requesting State consistent with the requirements of paragraph 1 or 2 may thereafter be used for any purpose.

Article 8
Taking Evidence in the Requested State

1. A person in the Requested State from whom evidence is requested pursuant to this Treaty shall, if necessary, be compelled to appear and, subject to the law of that State on immunity, incapacity, or applicable privilege, testify or produce documents, records, or other articles of evidence.

2. Upon request, the Central Authority of the Requested State shall furnish information in advance about the date and place of the taking of the evidence pursuant to this Article.

3. The Requested State shall permit the presence of such persons as specified in the request during the execution of the request, and shall allow such persons to question the person whose testimony or evidence is being taken either directly or through a local legal representative.

4. If the person referred to in paragraph 1 asserts a claim of immunity, incapacity, or privilege under the laws of the Requesting State, the evidence shall nonetheless be taken and the claim made known to the Central Authority of the Requesting State for resolution by the authorities of that State.

5. Documents, records, and articles of evidence produced in the Requested State pursuant to this Article or which are the subject of testimony taken under this Article may be authenticated by an attestation, including, in the case of business records, authentication in the manner indicated in Form A appended to this Treaty.  Documents authenticated by Form A shall be admissible in evidence in the courts of the United States of America as proof of the truth of the matters set forth therein.

6. Documentary information produced pursuant to this Article may also be authenticated pursuant to such other form or manner as may be prescribed by either Central Authority.

Article 9
Records of Government Agencies

1. The Requested State shall provide the Requesting State with copies of publicly available documents, records, or information in the possession of government departments and agencies in the Requested State.

2. The Requested State may provide copies of any documents, records, or information which are in the possession of a government department or agency in that State but