Document ID: chunk:federal_register_of_legislation:F1996B01852:body:0:p5
Version: federal_register_of_legislation:F1996B01852
Segment Type: other
Provision Reference: 
Character Range: 10643–13347

by simple transmission of the document to the person to be served. If the Requesting State expressly so requests, service shall be effected by the Requested State in the manner provided for the service of analogous documents under its own law or in a special manner consistent with such law.

 4. Proof of service shall be given by means of a receipt dated and signed by the person served or by means of a declaration made by the Requested State that service has been effected and stating the form and date of such service. One or other of these documents shall be sent immediately to the Requesting State. The Requested State shall, if the Requesting State so requests, state whether service has been effected in accordance with the law of the Requested State. If service cannot be effected, the reasons shall be communicated immediately by the Requested State to the Requesting State.

ARTICLE 10

TAKING OF EVIDENCE

 1. Where a request is made for the purpose of a proceeding in relation to a criminal matter in the Requesting State the Requested State shall take 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 nature of the questions to be put to the witnesses or the subject matter about which they are to be examined.

 4. Where a person is required to give evidence pursuant to this Article, officials and persons involved in the proceedings in the Requesting State may be present if the Requested State consents.

 5. 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 the law of the Requesting State permits that witness to decline to give evidence in such proceedings in the Requesting State.

 6. If any person claims a right to decline to give evidence under the law of the Requesting State, the Requested State shall, with respect thereto, rely on a certificate of the Central Office of the Requesting State.

ARTICLE 11

TEMPORARY TRANSFER OF PRISONERS TO GIVE EVIDENCE

OR ASSIST INVESTIGATIONS

 1. A prisoner in the Requested State may at the request of the Requesting State be temporarily transferred to the Requesting State to give evidence or to assist investigations.

 2. The Requested State shall not transfer a prisoner to the Requesting State unless the