Document ID: chunk:federal_register_of_legislation:F1996B01929:body:0:p5
Version: federal_register_of_legislation:F1996B01929
Segment Type: other
Provision Reference: 
Character Range: 10699–13563

in that State, unless otherwise specifically asked for by the Requesting State.

Article 7

Return of material to Requested State

Where required by the Requested State, the Requesting State shall return the material provided under this Treaty when no longer needed for the relevant proceeding or investigation.

Article 8

Protecting confidentiality and restricting
use of evidence and information

 1. The Requested State, if so requested, shall keep the application for assistance, the contents of a request and its supporting documents, and the fact of granting 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 evidence and information provided by the Requested State, except to the extent that the evidence and information is needed for the proceeding or investigation described in the request.

 3. The Requesting State shall not use evidence or information obtained, nor anything derived from either, for purposes other than those stated in a request without prior consent of the Requested State.

Article 9

Service of documents

 1. The Requested State shall effect service of documents which are transmitted to it for this purpose by the Requesting State.

 2. A request to effect service of a document requiring the appearance of a person 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 may effect service of any document by registered mail or, if the Requesting State so requests, in any other manner required by the law of the Requesting State which is not inconsistent with the law of the Requested State.

 4. The Requested State shall forward to the Requesting State proof of service of the documents.  If service cannot be effected, the Requesting State shall be so informed and advised of the reasons.

Article 10

Taking of evidence

 1. Where a request is made for the purpose of a proceeding in relation to a criminal matter, the Requested State shall take the evidence of witnesses for transmission to the Requesting State.

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

 3. For the purposes of requests under this Article, the Requesting State shall specify the subject matter about which persons are to be examined, including any questions to be put to such persons.

 4. The parties to the relevant proceedings in the Requesting State, their legal representatives and the representatives of the Requesting State,