Document ID: chunk:federal_register_of_legislation:F1996B01930:body:0:p4
Version: federal_register_of_legislation:F1996B01930
Segment Type: other
Provision Reference: 
Character Range: 7710–10375

and shall be proved by a receipt signed and dated by the addressee or by a certificate issued by the Central Office or other competent authority. Either of these documents shall be sent to the Requesting State and if service or delivery cannot be effected, reasons shall be given.

SCHEDULE—continued
ARTICLE 9
APPEARANCE OF PERSON'S IN THE REQUESTING STATE
1. The Requesting State may request the assistance of the Requested State in making a person available to appear as a witness or an expert in proceedings in relation to a criminal matter in the Requesting State, unless that person is the person charged, or to assist investigations in relation to a criminal matter in the Requesting State.

2. A request pursuant to paragraph 1 of this Article shall include a statement setting out why the Requesting State considers it is especially necessary that the person appear in that State.

3. The Requested State shall invite the person named in the request to comply with it and shall inform the Requesting Stale of that person's answer.

4. Any coercive measures or penalties provided under the law of the Requesting State shall not have any effect if the person fails to consent.

5. A request for the appearance of a person in the Requesting State may be refused if it is received less than 45 days before the date for appearance notified in the summons. The Requesting State shall bear this period in mind when it makes the request.

6. The request shall state the per diem, allowances and other amounts which the person summoned is entitled to receive in complying with the request.

ARTICLE 10
APPEARANCE OF PRISONERS IN THE REQUESTING STATE
1. Subject to the provisions of Article 9. insofar as they are applicable, a person who is in custody in the territory of the Requested State may be requested to appear as a witness in proceedings in relation to a criminal matter or requested to assist in investigations in the Requesting State and for these purposes may be transferred temporarily provided that the person is returned to the Requested State within the period specified by that State.

2. Transfer shall not be permitted:
     (a) if the person in custody does not consent;
     (b) if that person's presence is required for the purposes of pending criminal proceedings;
     (c) if the transfer may result in the extension of the person's detention; or
     (d) if the Requested State opposes the transfer for any other serious reason.

3. The person transferred shall be maintained in custody in the territory of the Requesting State, unless the Requested State permits the person to be set at liberty. Thereafter the person shall be treated as a