Page:United States Statutes at Large Volume 123.djvu/2108

 123STA T . 2 08 8 PUBLIC LA W 111 –79—O CT. 19 , 2009 ‘ ‘ (c)FIL I NGOFREQU E ST S .—Ex c eptas p rovid ed un der su b section (d) , an app l ication f or execution of a re q uest fro m a forei g n aut h orit y under this section may be filed— ‘‘( 1 ) in the district in w hich a person who may be required to appear resides or is located or in which the documents or things to be produced are located ‘‘( 2 ) in cases in which the request see k s the appearance of persons or production of documents or things that may be located in multiple districts, in any one of the districts in which such a person, documents, or things may be located; or ‘‘( 3 ) in any case, the district in which a related Federal criminal investigation or prosecution is being conducted, or in the D istrict of C olumbia. ‘‘(d) S E ARCHW ARRANT L I M ITATION.— A n application for execu - tion of a request for a search warrant from a foreign authority under this section, other than an application for a warrant issued as provided under section 2 70 3 of this title, shall be filed in the district in which the place or person to be searched is located. ‘‘(e) SEARCH WARRANT STAN D ARD.—A Federal j udge may issue a search warrant under this section only if the foreign offense for which the evidence is sought involves conduct that, if committed in the U nited States, would be considered an offense punishable by imprisonment for more than one year under Federal or State law. ‘‘(f) SER V ICE OF O RDER OR WARRANT.—Except as provided under subsection (d), an order or warrant issued pursuant to this section may be served or executed in any place in the United States. ‘‘(g) RULE OF CONSTRUCTION.— N othing in this section shall be construed to preclude any foreign authority or an interested person from obtaining assistance in a criminal investigation or prosecution pursuant to section 17 8 2 of title 28, United States Code. ‘‘(h) DEFINITIONS.—As used in this section, the following defini- tions shall apply ‘‘(1) FEDERAL J UDGE.— T he terms ‘Federal judge ’ and ‘attorney for the G overnment’ have the meaning given such terms for the purposes of the Federal Rules of Criminal P roce- dure. ‘‘(2) FOREIGN AUTHORIT Y .—The term ‘foreign authority’ means a foreign judicial authority, a foreign authority respon- sible for the investigation or prosecution of criminal offenses or for proceedings related to the prosecution of criminal offenses, or an authority designated as a competent authority or central authority for the purpose of making requests for assistance pursuant to an agreement or treaty with the United States regarding assistance in criminal matters.’’; and