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Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


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

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 US FATCA:
  “The Neutron Bomb
  the Global Financial
  System”?
 The Effects of the US
  Government’s Policies
  on Americans Living
  Abroad
 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
  Important
 US Immigration in
  Decline?
 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
  Internationally
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up

ARTICLE 5 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 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.

ARTICLE 6 Costs

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.

ARTICLE 7 Limitations on Use

1. Information and evidence obtained under this Treaty, as well as information derived therefore, 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 the request.

ARTICLE 8 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 persons 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 in 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 forth therein.

ARTICLE 9 Providing Records of Government Officer 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.

Part 6

 
 
 
 
 
 
 
 
 
 
 
     

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