Page:United States Statutes at Large Volume 98 Part 2.djvu/1006

 98 STAT. 2166

PUBLIC LAW 98-473—OCT. 12, 1984 "(c) As used in this section, the term— "(1) 'foreign record of regularly conducted activity' means a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, maintained in a foreign country; "(2) 'foreign certification' means a written declaration made and signed in a foreign country by the custodian of a foreign record of regularly conducted activity or another qualified person that, if falsely made, would subject the maker to criminal penalty under the laws of that country; and "(3) 'business' includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

18 USC 3506.

18 USC app.

18 USC 3507.

Prohibition.

18 USC app.

"§ 3506. Service of papers filed in opposition to official request by United States to foreign government for criminal evidence "(a) Except as provided in subsection (b) of this section, any national or resident of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense shall serve such pleading or other document on the Attorney General at the time such pleading or other document is submitted. "(b) Any person who is a party to a criminal proceeding in a court of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense that is a subject of such proceeding shall serve such pleading or other document on the appropriate attorney for the Government, pursuant to the Federal Rules of Criminal Procedure, at the time such pleading or other document is submitted. "(c) As used in this section, the term 'official request' means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country. "§ 3507. Special master at foreign deposition "Upon application of a party to a criminal case, a United States district court before which the case is pending may, to the extent permitted by a foreign country, appoint a special master to carry out at a deposition taken in that country such duties as the court may direct, including presiding at the deposition or serving as an advisor on questions of United States law. Notwithstanding any other provision of law, a special master appointed under this section shall not decide questions of privilege under foreign law. The refusal of a court to appoint a special master under this section, or of the foreign country to permit a special master appointed under this section to carry out a duty at a deposition in that country, shall not affect the admissibility in evidence of a deposition taken under the provisions of the Federal Rules of Criminal Procedure.". (b) The table of sections for chapter 223 of title 18, United States Code, is amended by adding at the end the following new items: "3505. Foreign records of regularly conducted activity. "3506. Service of papers filed in opposition to official request by United States to foreign government for criminal evidence. "3507. Special master at foreign deposition.".

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