Execution of the Request
1. The Central Authority of the Requested State shall promptly comply with
the request or, when appropriate, shall transmit it to the authority having jurisdiction
to do so. The competent authorities of the Requested State shall do everything in
their power to execute the request, and shall issue subpoenas, search warrants, or
other process necessary in the execution of the request.
2. When execution of the request requires judicial or administrative action,
the request shall be presented to the appropriate authority by officials of the
Requested State at no cost to the Requesting State.
3. Requests shall be executed in accordance with the laws of the Requested
State except to the extent that this Treaty provides otherwise. However, the method
of execution specified in the request shall be followed except insofar as it would be
incompatible with the laws of the Requested State.
The Requested State shall pay all costs relating to the execution of the
request, except for the fees of expert witnesses and the allowances and expenses
related to travel of persons pursuant to Articles 12 and 16, which fees, allowances,
and expenses shall be borne by the Requesting State.
Limitations on Use
1. Information and evidence obtained under this Treaty, as well as
information derived therefrom, shall not be used for purposes other than those stated
in the request without the prior consent of the Requested State.
2. The Requesting State may require that the application for assistance, its
contents and related documents, and the granting of assistance be kept confidential.
If the request cannot be executed without breaching the required confidentiality, the
Requested State shall so inform the Requesting State which shall then determine
whether the request should nevertheless be executed.
3. The Requested State may require that information or evidence furnished,
and information derived therefrom, be kept confidential in accordance with
conditions which it shall specify. In that case, the Requesting State shall comply
with the conditions, except to the extent that the information or evidence is needed in
a public trial resulting from the investigation, prosecution, or proceeding described in
Taking Testimony and Statements and producing Evidence
In the Requested State
1. Upon a request that a person be summoned to give testimony, make a
statement, or produce documents, records, or articles in the Requested State, that
person shall be compelled to do so in the same manner and to the same extent as in
criminal investigations, prosecutions, or proceedings in the Requested State.
2. If the person referred to in paragraph 1 asserts a claim of immunity,
incapacity, or privilege under the laws of the Requesting State, the evidence shall
nonetheless be taken and the claim made known to the Requesting State for
resolution by the authorities of the Requesting State.
3. The Requested State shall furnish information advance as to the date and
place of the taking of the evidence.
4. The Requested State shall authorize the presence of such persons as
specified in the request for the taking of testimony or a statement during the
execution of the request and allow such persons to question the person whose
testimony or statement is sought, insofar as it would not be prohibited by the laws of
the Requested State.
5. Business records produced under this Article shall be authenticated by
the person in charge of maintaining them through the use of Form A appended to this
Treaty. No further certification shall be required. Documents authenticated under
this paragraph shall be admitted in evidence as proof of the truth of the matters set
Providing Records of Government Offices or Agencies
1. The Requested State shall provide copies of publicly available records of
a government office or agency.
2. The Requested State may provide any record or information in the
possession of a government office or agency, but not publicly available, to the same
extent and 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.
3. Documents provided under this Article shall be attested by the official in
charge of maintaining them through the use of Form B appended to this Treaty. No
further certification shall be required. Documents attested under this paragraph shall
be admitted in evidence as proof of the truth of the matters set forth therein.
1. The Requested State shall effect service of any legal document
transmitted 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 within a
reasonable time before the scheduled appearance.
3. The Requested State shall return as proof of service a dated receipt
signed by the person served or a declaration signed by the officer effecting service,
specifying the form and date of service.
4. A person, other than a national of the Requesting State, who has been
served pursuant to this Article with a legal document calling for his appearance in the
Requesting State, shall not be subjected to any civil or criminal forfeiture, or other
legal sanction or measure of restraint, because of his failure to comply therewith,
even if the document contains a notice of penalty.
Search and Seizure
1. A request for search, seizure, and delivery of any article to the
Requesting State shall be executed if it includes the information justifying that action
under the laws of the Requested States.
2. Every official of the Requested State who has custody of a seized article
shall certify, through the use of Form C appended to this Treaty, the continuity of
custody, the identity of the article, and the integrity of its condition. No further
certification shall be required. Such certificate shall be admitted in evidence as proof
of the truth of the matters set forth therein.
Transferring Persons in Custody for Testimonial Purposes
1. A person in custody in the Requested State who is needed as a witness in
the Requesting State shall be transported to that State if the person and the Requested
2. A person in custody in the Requesting State whose presence in the
Requested State is required for the purpose of confrontation may be transported to the
Requested State if the person and the Requested State consent.
3. For the purposes of this Article :
(a) the Receiving State shall have the authority and obligation to
keep the person transferred in custody unless otherwise authorized by the Sending
(b) the Receiving State shall return the person transferred to the
custody of the Sending State as soon as circumstances permit or as otherwise agreed;
(C) the Receiving State shall not require the Sending State to
initiate extradition proceedings in order to obtain the return of the person transferred;
(d) the person transferred shall receive credit for service of the
sentence imposed in the Sending State for time served in the custody of the
  
This legislation was the official authorized translation by International Affairs Department.