【法规名称】
【颁布时间】 2002-03-26
【法规编号】 43474 什么是编号？
【正 文】
第3页 AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE OFFICE IN THE UNITED STATES AND THE AMERICAN INSTITUTE IN TAIWAN
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[接上页] Article 7 Costs 1 The authorities of the territory represented by the RequestedParty shall pay the costs relating to the execution of the re-quest, but the authorities of the territory represented by theRequesting Party shall bear: (1) the allowances or expenses for the travel of persons underArticles 11 and 12 of this Agreement in accordance with theregulations of the territory represented by the RequestingParty; (2) the allowances or expenses for persons to travel to and fro-m and stay in the territory represented by the Requested Pa-rty under Article 9(3) of this Agreement; (3) the expenses and fees of experts; and (4) the costs of translation, interpretation, and transcription.2 If it becomes apparent that the execution of the request requ-ires expenses of an extraordinary nature, the Designated Repr-esentatives for the Parties shall consult to determine the te-rms and conditions under which the request can be executed.Article 8 Limitations on Use 1 The Designated Representative for the Requested Party may req-uest that the authorities of the territory represented by theRequesting Party not use any information or evidence obtainedunder this Agreement in any investigation, prosecution, or pr-oceeding other than that described in the request without theprior consent of the Designated Representative for the Reques-ted Party.In such cases, the authorities of the territory r-epresented by the Requesting Party shall comply with the cond-itions. 2 The Designated Representative for the Requested Party may req-uest that information or evidence furnished under this Agreem-ent be kept confidential or be used only subject to terms andconditions it may specify.If the Designated Representativefor the Requesting Party accepts the information or evidencesubject to such conditions, the relevant authorities of the t-erritory represented by the Requesting Party shall use theirbest efforts to comply with the conditions. 3 Nothing in this Article shall preclude the use or disclosureof information to the extent that there is an obligation to doso for the territory represented by AIT under that territory'sConstitution or for the territory represented by TECRO underthat territory's Constitution or law in a criminal prosecution. The Designated Representative for the Requesting Party shallnotify the Designated Representative for the Requested Partyin advance of any such proposed disclosure. 4 Information or evidence that has been made public in the terr-itory represented by the Requesting Party in accordance withparagraphs 1, 2, or 3 may thereafter be used for any purpose.Article 9 Testimony or Evidence in the Territory Represented by the Reque-sted Party 1 A person in the territory represented by the Requested Partyfrom whom evidence is requested pursuant to this Agreement sh-all be compelled, if necessary, to appear and testify or prod-uce items, including documents, records, and articles of evid-ence.A person who gives false testimony, either orally or inwriting, in execution of a request, shall be subject to prose-cution and punishment in the territory represented by the Req-uested Party in accordance with the criminal laws of that ter-ritory. 2 Upon request, the Designated Representative for the RequestedParty shall furnish information in advance about the date andplace of the taking of the testimony or evidence pursuant tothis Article. 3 The authorities of the territory represented by the RequestedParty shall permit the presence of such persons as specifiedin the request during the execution of the request, and shallallow such persons to pose questions to the person giving thetestimony or evidence and to make a verbatim transcript in amanner agreed to by the authorities of the territory represen-ted by the Requested Party. 4 If the person referred to in paragraph 1 asserts a claim of i-mmunity, incapacity, or privilege under the laws of the terri-tory represented by the Requesting Party, the evidence, inclu-ding all items requested, shall nonetheless be taken and theclaim made known to the Designated Representative for the Req-uesting Party for resolution by the authorities of that terri-tory. 5 Evidence produced in the territory represented by the Request-ed Party pursuant to this Article or that is the subject of t-estimony taken under this Article may be authenticated by a d-eclaration, including, in the case of business records, authe-ntication in the manner indicated in Form A appended to thisAgreement.Documents authenticated by Form A shall be admiss-ible in evidence in courts in the territory represented by theRequesting Party. Article 10 Records of the Territories Represented by the Parties 1 The Designated Representative for the Requested Party shall p-rovide the Designated Representative for the Requesting Partywith copies of publicly available records, including documentsor information in any form, in the possession of departmentsand agencies of the authorities of the territory representedby the Requested Party. |
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