Article 15 stipulates that a State may notify the other of fruits or instrumentalities of a criminal offense believed to be in the other State. The Parties may, to the extent permitted by their respective laws and this Treaty, assist one another in proceedings regarding forfeiture. "Fruits and instrumentalities" include money, vessels and other property used in perpetrating the crime or acquired as a result of the crime.
This provision expressly authorizes assistance in the execution of penal laws, an area in which countries do not necessarily otherwise assist each other. It is also consistent with a recently enacted U.S. statute, 18 U.S.C. 981(i), which permits equitable sharing of forfeited property with a foreign government pursuant to a treaty in order to reflect that government's contribution in narcotics investigations leading to seizure or forfeiture.
Article 16 provides that if a person in the Requested State is needed to appear in the Requesting State, the Requested State shall upon request invite the person to appear in the Requesting State. The Requesting State is required to pay the expenses of such voluntary appearance in accordance with Article 6.
Article 17 ensures a degree of "safe conduct" for a witness who voluntarily appears in the Requesting State pursuant to Article 16. "Safe conduct" encompasses limited immunity from prosecution, service of civil process, detention or any restriction of personal liberty with regard to acts or convictions that preceded the witness' departure from the Requested State while the witness is present in the Requesting State and for up to fifteen days after notification that his presence in the Requesting State is no longer required.
Article 18 provides that any documents, records or articles of evidence furnished under the Treaty must be returned to the Requested State as soon as possible unless that State waives their return.
Article 19 provides that the Treaty does not preclude whether Party from utilizing other international agreements that may offer means of securing assistance or cooperating, such as Interpol, or from using its own internal laws on legal assistance.
Article 20 sets forth standard procedures for ratification and entry into force of the Treaty.
Article 21 provides that either Party may terminate the Treaty by written notice. Termination takes effect six months after such notification.
The United States Delegation consisting of representatives of the Departments of State and Justice, has also prepared a Technical Section-by-Section Analysis of the Treaty. That Analysis will be transmitted separately to the Senate Committee on Foreign Relations.
The Department of State joins the Department of Justice in favoring approval of this Treaty by the Senate at an early date.
George P. Shultz.
TREATY BETWEEN THE GOVERNMENT OF THE KINGDOM OF THAILAND AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA 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:
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;
(f) locating persons;
(g) initiating proceedings upon request; and
(h) assisting in forfeiture proceedings.