19 DE OUTUBRO DE 1990

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3 — The Requested Party shall forward to the Requesting Party proof of service of the documents. If service cannot be effected, the requesting Party shall be so informed and advised of the reasons.

Article 7 Appearance of witnesses or experts

1 — If the Requesting Party requests the assistance of the Requested Party in obtaining in the territory of the Requested Party the evidence of witnesses or experts, the Requested Party shall, subject to its laws, arrange for the evidence of that witness or expert to be obtained.

2 — Where the Requesting Party seeks the attendance of a witness or expert in its territory, it may request the Requested Party to assist in making that person available. The Requested Party shall, if satisfied that:

a) Satisfactory arrangements for the security of the person are made;

b) The person whose attendance is sought consents; and

c) Any coercive measures or penalties specified in the summons shall be without effect if the person does not consent;

effect service of the summons.

3 — A request for service of a summons under paragraph 2 of this article shall state the allowances, travelling and subsistence expenses payable and shall be made so that it is received within 45 days before the date on which the person is to appear. In urgent cases the Requested Party may waive the requirement of 45 days.

Article 8 Appearance of persons in custody

1 — If the Requesting Party seeks the attendance as a witness in its territory of a person who is in custody in the territory of the Requested Party, the Requested Party shall, if satisfied that:

a) There are no serious reasons for opposing the transfer; and

b) The person in custody consents;

transfer that person, in custody, to the Requesting Party.

2 — The Requesting Party shall, subject to paragraph 3 of this article, hold the transferred person in custody and return that person in custody to the Requested Party either:

a) Within the period fixed by the Requested Party; or

b) When the attendance of the person is no longer required.

3 — Where the sentence imposed on a person transferred under this article expires whilst the person is in the territory of the Requesting Party, that person shall be set at liberty and thereafter treated as a person referred to in article 7.

4 — A person in custody who does not consent to be available to give evidence pursuant to this article shall not, by reason thereof, be liable to any penalty or be submitted to any coercive measure.

Article 9 Immunities and privileges

1 — Any person who attends in the territory of the Requesting Party pursuant to articles 7 and 8 shall not:

a) Be detained, prosecuted, or punished by that Party for any offence or be subject to any civil suit in the territory of that Party in respect of any act or omission which preceded that person's departure from the territory of the Requested Party; or

b) Without that person's consent, be required to give evidence in any proceeding other than the proceeding to which the request relates.

2 — The immunity provided for in paragraph 1 of this article shall cease if the person voluntarily remains in the territory of the Requesting Party more than 45 days after the date on which the presence of that person is no longer required or, having left, has voluntarily returned.

3 — A person present in the territory of the Requesting Party pursuant to a request under articles 7 and 8 shall not be subject to prosecution based on the testimony given but shall be subject to the laws of that Party in relation to the refusal to give evidence and giving evidence which is untrue.

4 — Notwithstanding paragraph 3 of this article a person who is required to give evidence pursuant to a request for assistance may decline to give evidence where either:

a) The law of the Requested Party would permit that person to decline to give evidence in similar circunstances in proceedings which originated in the territory of the Requested Party; or

b) Where the law of the Requesting Party would permit the person to decline to give evidence in such proceedings in the territory of the Requesting Party.

5 — Where a person giving evidence in the territory of on Party claims that there is a right to decline to give evidence under the law of the other Party, a certificate of that other Party shall conclusively determine that issue.

Article 10 Proceeds of crime

1 — The Requested Party shall, upon request, endeavour to ascertain whether any proceeds of the crime alleged are located within its jurisdiction and shall notify the Requesting Party of the results of its inquiries. In making the request, the Requesting Party shall notify the Requested Party of the basis of its belief that such proceeds may be located in its jurisdiction.

2 — The Requested Party shall, if its laws permit, arrange for a confiscation order relating to the proceeds of crime or any other measure having similar effect made by a Court of the requesting Party to be given effect.

3 — Where the Requesting Party notified its intention to seek the enforcement of a confiscation order or a similar measure, the Requested Party shall take such measures consistent with its law to prevent any dealing in, transfer or disposal of the property which is or may be affected by those orders.