Page:United States Statutes at Large Volume 62 Part 1.djvu/865

 62 STAT.] 80TH CONG. , 2D SESS. -CH. 645-JUNE 25, 1948 of such testimony. In cases of testimony taken on written inter- rogatories, such provision shall be made only upon the request of any such party prior to the issuance of such commission. Selection of foreign counsel shall be made by the party whom such foreign counsel is to represent within ten days prior to the taking of testimony or by the court from which the commission issued, upon the request of such party made within such time. (b) Any consular officer to whom a commission is addressed to take testimony, who is interested in the outcome of the criminal action or proceeding in which the foreign documents in question are to be used or has participated in the prosecution of such action or proceed- ing, whether by investigations, preparation of evidence, or otherwise, may be disqualified on his own motion or on that of the United States or any other party to such criminal action or proceeding made to the court from which the commission issued at any time prior to the exe- cution thereof. If after notice and hearing, the court grants the motion, it shall instruct the consular officer thus disqualified to send the commission to any other consular officer of the United States named by the court, and such other officer shall execute the commission accord- ing to its terms and shall for all purposes be deemed the officer to whom the commission is addressed. (c) The provisions of this section and sections 3493-3496 of this title applicable to consular officers shall be applicable to diplomatic officers pursuant to such regulations as may be prescribed by the President. § 3493. DEPOSITION TO AUTHENTICATE FOREIGN DOCUMENTS The consular officer to whom any commission authorized under section 3492 of this title is addressed shall take testimony in accord- ance with its terms. Every person whose testimony is taken shall be cautioned and sworn to testify the whole truth and carefully exam- ined. His testimony shall be reduced to writing or typewriting by the consular officer taking the testimony, or by some person under his personal supervision, or by the witness himself, in the presence of the consular officer and by no other person, and shall, after it has been reduced to writing or typewriting, be subscribed by the witness. Every foreign document, with respect to which testimony is taken, shall be annexed to such testimony and subscribed by each witness who appears for the purpose of establishing the genuineness of such docu- ment. When counsel for all the parties attend the examination of any witness whose testimony is to be taken on written interrogatories, they may consent that oral Interrogatories in addition to those accom- panying the commission may be put to the witness. The consular offi- cer taking any testimony shall require an interpreter to be present when his services are needed or are requested by any party or his attorney. § 3494. CERTIFICATION OF GENUINENESS OF FOREIGN DOCUMENT If the consular officer executing any commission authorized under section 3492 of this title shall be satisfied, upon all the testimony taken, that a foreign document is genuine, he shall certify such document to be genuine under the seal of his office. Such certification shall include a statement that he is not subject to disqualification under the pro- visions of section 3492 of this title. He shall thereupon transmit, by mail, such foreign documents, together with the record of all testi- mony taken and the commission which has been executed, to the clerk of the court from which such commission issued, in the manner in which his official dispatches are transmitted to the Government. The clerk receiving any executed commission shall open it and shall make any foreign documents and record of testimony, transmitted with such commission, available for inspection by the parties to the criminal 835 Disqualification of consular officer on own motion. Infra; pest, p. 836. Ante, p. 834. Presence of inter- preter. Ante, p. 834. Transmission of doc- uments to court.

�