Document ID: chunk:federal_register_of_legislation:F2010L01914:body:0:p6
Version: federal_register_of_legislation:F2010L01914
Segment Type: other
Provision Reference: 
Character Range: 13079–15761

so requested, shall keep the information and evidence provided by the Requested State confidential, except to the extent that the evidence and information is needed for the investigation and proceeding described in the request.

3. The Requesting State shall not disclose or use information or evidence furnished for purposes other than those stated in the request, without the prior consent of the Requested State.

ARTICLE 11
SERVICE OF DOCUMENTS

1. The Requested State shall serve any document transmitted to it for the purpose of service.

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 forty five (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 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 return a proof of service in the manner required by the Requesting State. If service cannot be effected, the Requesting State shall be so informed and advised of the reasons.

ARTICLE 12
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, upon request, take the evidence of witnesses, including from persons in custody, for transmission to the Requesting State. The Requesting State shall specify the subject matter about which the person is to be examined, including any questions to be asked.

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

3. Subject to the law of the Requested State, officials of the Requesting State and persons concerned in the proceedings in the Requesting State may be permitted to be present when evidence is taken in the Requested State and to participate in the taking of such evidence in the manner as may be specified by the Requested State.

4. Persons permitted to participate in the taking of evidence may suggest questions to be put to the person whose evidence is to be taken. The Requested State will endeavour, subject to its laws and procedures, to arrange for the production of a transcript or recording of the proceedings, using any technical means.

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