25 August 2010

(Official Translation)

TREATY
BETWEEN
THE GOVERNMENT OF THE KINGDOM OF THAILAND
AND
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
ON
ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

The Government of the Kingdom of Thailand and the Government of the United States of America,

Desiring to maintain and to strengthen the longstanding bonds which unite the two countries, and to undertake effective mutual assistance in criminal matters,

Have agreed as follows :

Desiring to make more effective the cooperation of the two countries in the repression of crime and, specifically, to regulate and thereby promote the relations between them in matters of extradition,

HAVE AGREED AS FOLLOWS:

ARTICLE 1
Obligation to Assist

1. The Contracting States agree, in accordance with the provisions of this Treaty, to provide mutual assistance in connection with investigations, prosecutions, and other proceedings relating to criminal matters.

2. Assistance shall include but not be limited to :
(a) taking the testimony and statement of persons;
(b) providing documents, records, and evidence;
(c) serving documents;
(d) executing requests for searches and seizures;
(e) transferring persons in custody for testimonial purposes;
(f) locating persons;
(g) initiating proceedings upon request; and
(h) assisting in forfeiture proceedings.

3. Assistance shall be provided without regard to whether the acts which are the subject of the investigation, prosecution, or proceeding in the Requesting State are prohibited under the law in the Requested State, or whether the Requested State would have jurisdiction with respect to such acts in corresponding circumstances.

4. This Treaty is intended solely for mutual assistance between the criminal law enforcement authorities of the Contracting States and is not intended or designed to provide such assistance to private parties.

5. A private party may not rely upon any provision of this Treaty to impede the execution of a request, or to exclude or suppress evidence obtained under the Treaty.

6. This Treaty shall not apply to the execution of arrest warrants or to military offenses. For the purposes of this Treaty, military offenses are violations of military laws and regulations which do not constitute offenses under ordinary criminal law.

ARTICLE 2
Limitations on Compliance

1. The Requested State may refuse to execute a request to the extent that :
(a) the request would prejudice the sovereignty, security, or other essential public interests of the Requested State; or
(b) the request relates to a political offense.

2. Before refusing the execution of any request to this Article, the Requested State shall determine whether assistance can be given subject to such conditions as it deems necessary. If the Requesting State accepts the assistance subject to these conditions, it shall comply with the conditions.

3. If the execution of a request would interfere with an ongoing criminal investigation, prosecution or proceeding in the Requested State, execution may be postponed by that State, or made subject to conditions determined to be necessary by that State after consultations with the Requesting State.

4. The Requested State shall promptly inform the Requesting State of the reason for refusing or postponing the execution of a request.

ARTICLE 3
Central Authorities

1. A Central Authority shall be established by each Contracting State.
2. For the United States of America, the Central Authority shall be the Attorney General or a person designated by him.
3. For the Kingdom of Thailand, the Central Authority shall be the Minister of Interior or a person designated by him.
4. Requests under this Treaty shall be made by the Central Authority of the Requesting State to the Central Authority of the Requested State.

ARTICLE 4
Contents of Requests for Mutual Assistance

1. A request for assistance shall be submitted in writing in the language of the Requested State. All accompanying documents shall be translated into the language of the Requested State. Such translations shall be certified by a sworn or approved translator in accordance with the laws or practices of the Requesting State.

2. The request shall include the following :
(a) the name of the authority conducting the investigation, prosecution, or proceeding to which the request relates;
(b) the subject matter and nature of the investigation, prosecution, or proceeding;
(c) a description of the evidence or information sought or the acts of assistance to be performed; and
(d) the purpose for which the evidence, information, or other assistance is sought.

3. When appropriate, a request shall also include :
(a) available information on the identity and whereabouts of a person to be located;
(b) the identity and location of a person to be served, that person’s relationship to the investigation, prosecution, or proceeding, and the manner in which service is to be effected;
(c) the identity and location of persons from whom evidence is sought;
(d) a precise description of the place or person to be searched and of the articles to be seized;
(e) a description of the manner in which any testimony or statements is to be taken and recorded;
(f) a list of questions to be answered;
(g) a description of any particular procedure to be followed in executiong the request;
(h) information as to the allowances and expenses to which a person appearing in the requesting State will be entitled; and
(i) any other information which may be brought to the attention of the Requested State to facilitate its execution of the request.

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This legislation was the official authorized translation by International Affairs Department.