Page:United States Statutes at Large Volume 78.djvu/1040

 998

62 Stat. 949. 28 USC app.

PUBLIC LAW 88-619-OCT. 3, 1964

[78 STAT.

eriminal action or proceeding, if the court finds, in addition, that it is not possible to obtain his testimony in admissible form without his personal appearance or to obtain the production of the document or other thing in any other manner. "(b) The subpoena shall designate the time and place for the appearance or for the production of the document or other thing. Service of the subpoena and any order to show cause, rule, judgment, QJ. (jecrec authorized by this section or by section 1784 of this title shall be effected in accordance with the provisions of the Federal Rules of Civil Procedure relating to service of process on a person in a foreign country. The person serving the subpoena shall tender to the person to whom the subpoena is addressed his estimated necessary travel and attendance expenses, the amount of which shall be determined by the court and stated in the order directing the issuance of the subpoena." (b) The analysis of chapter 117 of title 28, United States Code, is amended by striking: "1783. Subpoena of witness in foreign country."

and inserting in place thereof: "1783. Subpoena of person in foreign country."

Penalty.

^«p«3i-

SEC. 11. Section 1784 of title 28, United States Code, is amended to read: «§1784. Contempt " (a) The court of the United States which has issued a subpoena served in a foreign country may order the person who has failed to appear or who has failed to produce a document or other thing as directed therein to show cause before it at a designated time why he should not be punished for contempt. " (b) The court, in the order to show cause, may direct that any of the person's property within the United States be levied upon or seized, in the manner provided by law or court rules governing levy or seizure under execution, and held to satisfy any judgment that may be rendered against him pursuant to subsection (d) of this section if adequate security, in such amount as the court may direct in the order, be given for any damage that he might suffer should he not be found in contempt. Security under this subsection may not be required of the United States. "(c) A copy of the order to show cause shall be served on the person in accordance with section 1783(b) of this title. " (d) On the return day of the order to show cause or any later ^^y |Q ^yhich the hearing may be continued, proof shall be taken. If the person is found in contempt, the court, notwithstanding any limitation upon its power generally to punish for contempt, may fine him not more than $100,000 and direct that the fine and costs of the proceedings be satisfied by a sale of the property levied upon or seized, conducted upon the notice required and in the manner provided for sales upon execution." SEC. 12. (a) Section 1785 of title 28, United States Code, is repealed. (b) The analysis of chapter 117 of title 28, United States Code, is amended by striking: "1785. Privilege against incrimination,"

Approved October 3, 1964.

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