Document ID: chunk:federal_register_of_legislation:F2008L03492:body:0:p7
Version: federal_register_of_legislation:F2008L03492
Segment Type: other
Provision Reference: 
Character Range: 15402–18157

under the same conditions as it would be available to its own law enforcement or judicial authorities. The Requested State in its discretion may deny the request entirely or in part, in which case it shall promptly inform the Requesting State of the reasons for such denial.

Article 11
Transmission of Documents and Objects and Authentication

1. When the request concerns the transmission of records and documents, the Requesting State may request the originals. The Requested State may transmit the originals or certified true copies thereof.

2. The Requesting State shall return any original documents or records or articles furnished in execution of requests when no longer needed for the relevant investigation, prosecution or proceeding.

3. Where not inconsistent with the law of the Requested State, documents, articles and records shall be transmitted in a form or accompanied by such certification as may be requested by the Requesting State in order to make them admissible according to the law of the Requesting State.

4. Evidence or documents transmitted pursuant to this Treaty shall not require any form of authentication, save as specified in paragraph 3 of this Article.

Article 12
Service of Documents

1. The Requested State shall effect service of any document related to an investigation, prosecution or proceeding transmitted to it for this purpose by the Requesting State.

2. Any request for the service of a document requiring the appearance of a person before an authority in the Requesting State shall be transmitted not later than 45 days before the date on which the appearance is required. In urgent cases, the Requested State shall use its best endeavours to waive this requirement.

3. The Requested State shall return proof of service of the documents, specifying the person served, the form and date of service. If service cannot be effected, the Requesting State shall be so informed and advised of the reasons.

4. A person who has been served pursuant to this Article with a legal document calling for an appearance in the Requesting State shall not be liable to any penalty or be subjected to any coercive measure in the Requested State because of failure to comply therewith, notwithstanding any contrary statement in the request or in any document accompanying the request.

5. The Requested State may effect service of any document by 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.

Article 13
Search and Seizure

1. A request for search, seizure and delivery of any article shall be executed by the Requested State insofar as its law permits if it includes the information justifying