ARTICLE 8

Taking Testimony and Evidence in the Requested State

1.

A person in the Requested State from whom evidence

is requested pursuant to this Treaty shall be compelled, if necessary, to appear and testify or produce documents, records, or articles of evidence.

2. Upon request, the Central Authority of the Requested State shall furnish information in advance about the date and place of the taking of the testimony or evidence pursuant to this article.

3. The Requested State shall authorize the presence of such persons as specified in the request during the execution of the request, and shall allow such persons to present questions in accordance with the laws of the Requested State.

4. If the person referred to in paragraph 1 asserts a claim of immunity, incapacity, or privilege under the laws of the Requesting State, the testimony or evidence shall nonetheless be taken and the claim made known to the Central Authority of the Requesting State for resolution by the authorities of that State. 5. Documents, records, and articles of evidence

produced in the Requested State or which are the subject of testimony taken under this article may be authenticated by an attestation.

In the case of business records, authentication

shall be made in the manner indicated in Form A appended to this Treaty. Documents authenticated by Form A shall be admissible in

evidence in the Requesting State as proof of the truth of the

matters set forth therein.

1.

ARTICLE 9

Records of Government Agencies

Upon request, the Requested State shall provide the Requesting State with copies of publicly available documents, records, or information in the possession of government departments and agencies in the Requested State.

2. The Requested State may provide copies of any documents, records, or information which are in the possession of a government department or agency in that State but which are 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 may in its discretion deny a request pursuant to this paragraph entirely or in part. 3. Official records produced pursuant to this Article may be authenticated under the provisions of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents dated 5 October 1961 and, if that Convention is not applicable, by the official in charge of maintaining them through the use of Form B appended to this Treaty. No further authentication shall be necessary. Documents authenticated under this paragraph shall be admissible in evidence in the Requesting State.

ARTICLE 10

Testimony in the Requesting State

When the Requesting State requests the appearance of a person in that State, the Requested State shall invite the person to appear before the appropriate authority in the Requesting State. The Requesting State shall indicate the extent to which the expenses will be paid. The Central Authority of the Requested State shall promptly inform the Central Authority of the Requesting State of the response of the person.

ARTICLE 11

Transfer of Persons in Custody

1. A person in the custody of the Requested State whose presence in the Requesting State is needed for purposes of assistance under this Treaty shall be transferred from the Requested State for that purpose if both the person and the Central Authority of the Requested State consent to the transfer. 2. A person in the custody of the Requesting State whose presence in the Requested State is needed for purposes of assistance under this Treaty may be transferred to the Requested State if the person consents and if the Central Authorities of both States agree.

a) the receiving State shall have the authority and the obligation to keep the person transferred in custody unless otherwise authorized by the sending State;

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 by both Central Authorities;

c) the receiving State shall not require the sending State to initiate extradition proceedings for the return of the person transferred; and

d) the person transferred shall receive credit for service of any sentence imposed in the sending State for time served in the custody of the receiving State.

ARTICLE 12

Location or Identification of Persons

The Requested State shall use its best efforts to

ascertain the location or identity of persons specified in the request.

ARTICLE 13

Service of Documents

1. The Requested State shall use its best efforts to

effect service of any documents relating to or forming part of any request for assistance made by the Requesting State under the provisions of this Treaty.

2. The Requesting State shall transmit any request for the service of a document requiring the appearance of a person before an authority in the Requesting State a reasonable time

1. The Requested State shall execute a request for the search, seizure, and delivery to the Requesting State of any document, record, or article, if the request includes the information justifying such action under the laws of the Requested State.

2. Upon request, every official who has custody of a seized article shall certify, through the use of Form C appended to this Treaty, the continuity of custody, the identify of the

article, and the integrity of its condition.

certification shall be required.

No further

The certificates shall be

admissible in evidence in the Requesting State as proof of the truth of the matters set forth therein.