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Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand

Thailand’s Notable
  Criminal Extradition

Guide for Tourists
  to Laws in Thailand

Neither Free nor Fair:
  Burma’s Sham Elections

Sex Laws in Thailand:
  Part 1

Renewable Energy
  in Thailand

Transsexuals and
  Thai Law

Foreign Mafia in

Thailand Lawyer Blog:
 Courts Order Thai
  Military to Cease
  Labeling Transsexuals
  as Mentally Ill
 Work Permit Law
  Changes in Thailand
 Bahamian Supreme Court
  Ruling Backs
  Prenuptial Agreement
  “The Neutron Bomb
  the Global Financial
 The Effects of the US
  Government’s Policies
  on Americans Living
 Chinese Assimilation
  in Thailand vs. Malaysia
 Illegal Wildlife
  Trafficking in Asia:
  Thailand as a Hub?
 Rabbi Enforcing
  Jewish Divorce Order
  Arrested by FBI
 U.S. Prenuptial
  Agreements in Thailand:
  Why Thai Law is
 US Immigration in
 Abortion and Family
  Planning Law in
  the Philippines
 U.S. Courts and the
  Application of Foreign
  Law to International
  Prenuptial Agreements
 Thailand Blasted by 2011
  Human Trafficking Report
 US Expats on Alert:
  New US Tax Law
  Extends IRS’s Reach
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up

Article 3 provides for the establishment of a Central Authority, which shall be the Attorney General or his designee for the United States and the Minister of Interior or his designee for Thailand. The article also provides that requests for assistance shall be made directly from one Central Authority to the other.

The first paragraph of Article 4 provides that requests shall be submitted in writing in the language of the Requested State. The second paragraph provides that requests shall contain the information required by the Requested state to execute the request, including but not limited to the subject matter and the nature of the investigation or proceeding to which the request relates, a description of the evidence, information or other assistance sought, and the purpose for which it is sought. The third paragraph outlines information that should be provided "when appropriate."

Article 5 obligates each party to execute requests promptly and, to the extent not prohibited by its law, in accordance with the directions of the Requesting State. It also provides that the courts of the Requested State shall have authority to issue all orders necessary to execute a request.

Article 6 provides that the Requested State shall pay all ordinary costs relating to the execution of the request, except for the lawful fees of expert witnesses and the travel and incidental expenses of witnesses travelling between the two States.

Article 7 prohibits the disclosure or use of any information or evidence obtained under the Treaty for purposes other than those stated in the request without the consent of the Requested State. Moreover, the article authorizes the Requested State to require that information or evidence furnished to the Requesting State be kept confidential in accordance with conditions which it may specify, provided that the conditions do not interfere with the use of the evidence in a public trial. In addition, the article permits the Requesting State to request that the application for assistance and the granting of assistance be kept confidential if possible.

Article 8 provides that if compulsory (sic) process is necessary the Requested State may complete the taking of testimony or production of documents for the Requesting State by means available under the Requested State's laws.

Article 9 provides that the Requested State shall provide copies of its publicly available government records if such records are requested under the Treaty. In addition, the Requested State may, in its discretion, provide any record or information not publicly available to the same extent that such records or information would be made available to its own law enforcement and judicial authorities.

Article 10 obligates the Requested State to serve any legal documents transmitted by the Central Authority of the Requesting State a response or appearance in the Requesting State within a reasonable time before the scheduled response or appearance. No person other than a national of the Requesting State can be subjected to any legal sanction for failing to comply with a document that is served pursuant to this article and calls for his appearance in the Requesting State.

Article 11 provides that a request for the search, seizure and delivery of any article shall be carried out if the Requesting State provides sufficient evidence for such action under the laws of the Requested State. In the United States, a Thai request would have to be supported by a showing that probable cause for the search exists, and in Thailand a request by the United States would have to comply with the corresponding Thai evidentiary standard.

Article 12 authorizes the transfer of a person in custody in either State to the other for purposes of providing testimony, subject to the consent of the person and the relevant Party. Authority is also provided to keep such a person in custody unless release is authorized by the sending State. The receiving State is required to send the person back as soon as circumstances permit and is not permitted to condition the person's return on an extradition request by the sending State.

Article 13 requires the Requested State to take "all necessary measures" to locate or identify witnesses, potential defendants, experts, and other persons who are believed to be in its territory and are needed in connection with an investigation, prosecution or proceeding in the Requesting State.

Article 14 provides that one State may request the other to initiate criminal proceedings in certain circumstances.

Part 3


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