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Article 1

Article 1

 

1. Each Party shall, upon request by the other Party, provide mutual legal assistance in connection with investigations, prosecutions and other proceedings in criminal matters (hereinafter referred to as "assistance") in accordance with the provisions of this Treaty.

2. Assistance shall include the following:

(1) taking testimony, statements or items, including through the execution of search and seizure;

(2) examining persons, items or places;

(3) locating or identifying persons, items or places;

(4) providing items in the possession of the legislative, executive, judicial or other national authorities of the requested Party as well as the local authorities thereof;

(5) informing a person of an invitation to appear in the requesting Party or serving a document requiring a person to appear in the requesting Party;

(6) temporary transfer of a person who is being detained or is serving a sentence in the territory of the requested Party for giving testimony or for other purposes indicated in the request;

(7) serving documents related to criminal proceedings other than those provided for in sub-paragraph (5);

(8) assisting in proceedings related to confiscation and immobilization of proceeds or instrumentalities of criminal offences; and

(9) any other assistance that is not contrary to the laws of the requested Party and agreed upon between the Central Authorities of the Parties.

3. The term "items" as used in this Treaty means documents, records and other articles of evidence.

4. Nothing in this Treaty shall be construed so as to entitle the competent authorities of either Party to undertake in the territory of the other Party functions which exclusively fall within the authorities of that other Party under the laws of the other Party.

5. This Treaty is intended solely for assistance between the Parties. The provisions of this Treaty shall not give rise to any rights or affect the pre-existing rights on the part of any natural or legal person to obtain evidence or to have evidence excluded, or to impede the execution of a request for assistance.