Document ID: chunk:federal_register_of_legislation:F1996B01853:body:0:p4
Version: federal_register_of_legislation:F1996B01853
Segment Type: other
Provision Reference: 
Character Range: 7884–10616

or in its request for assistance with investigations relating to a criminal matter, and the Requested Party shall so inform the witness or expert. The Requested Party shall advise the Requesting Party of the reply given by the witness or expert.

 2. In the case provided for under paragraph 1 of this Article the request or the summons shall indicate the approximate allowances payable and the travelling and living expenses refundable.

 3. Upon request, the witness may receive, through the consular authorities of the Requesting Party, an advance to cover part or the whole of his or her travelling costs.

ARTICLE 11

AVAILABILITY OF PERSONS IN CUSTODY TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS

 1. A person in custody in the Requested State may, at the request of the Requesting Party, be temporarily transferred to the Requesting State to give evidence, or assist in investigations, in relation to a criminal matter.

 2. The Requested Party shall not transfer a person in custody to the Requesting State unless the person consents to that transfer.

 3. While the person transferred is required to be held in custody under the law of the Requested State, the Requesting Party shall hold that person in custody and shall return that person in custody to the Requested State as soon as that person's presence is no longer required in the Requesting State or at such earlier time as is specified by the Requested Party at the time of granting the request.

 4. Where the Requested Party so requests, the person's custody in the Requesting State shall cease, to the extent that it is based on the law of the Requested State, and such a person shall be treated as a person entitled to receive the allowances payable and expenses refundable under Article 10.

ARTICLE 12

SAFE CONDUCT

 1. Where a person is in the Requesting State pursuant to a request made under Articles 10 or 11:
         (a) that person shall not be prosecuted, detained, or subjected to any other restriction of personal liberty in the territory of the Requesting State, for any acts or convictions which preceded the person's departure from the Requested State; and
         (b) that person shall not be compelled to give evidence in any proceeding other than the proceeding to which the request relates.

 2. An accused or suspected person present in the Requesting State in answer to a document served by the Requested Party pursuant to this Treaty seeking that person's attendance to answer for acts or omissions which form the basis of investigations or proceedings against that person, shall not be prosecuted, detained or subjected to any other restriction of personal liberty in the Requesting State for acts or omissions which preceded