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T.Doc.105-41 TREATY WITH LITHUANIA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ...


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105th Congress                                              Treaty Doc.
                                SENATE

 2d Session                                                      105-40
_______________________________________________________________________


 
   TREATY WITH ISRAEL ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

                               __________

                                MESSAGE

                                  FROM

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

 TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE 
    GOVERNMENT OF THE STATE OF ISRAEL ON MUTUAL LEGAL ASSISTANCE IN 
CRIMINAL MATTERS, SIGNED AT TEL AVIV ON JANUARY 26, 1998, AND A RELATED 
                 EXCHANGE OF NOTES SIGNED THE SAME DATE


<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


 April 2, 1998.--Treaty was read the first time and, together with the 
accompanying papers, referred to the Committee on Foreign Relations and 
            ordered to be printed for the use of the Senate


                         LETTER OF TRANSMITTAL

                              ----------                              

                                    The White House, April 2, 1998.
To the Senate of the United States:
    With a view to receiving the advice and consent of the 
Senate to ratification, I transmit herewith the Treaty between 
the Government of the United States of America and the 
Government of the State of Israel on Mutual Legal Assistance in 
Criminal Matters, signed at Tel Aviv on January 26, 1998, and a 
related exchange of notes signed the same date. I transmit 
also, for the information of the Senate, the Report of the 
Department of State with respect to the Treaty.
    The Treaty is one of a series of modern mutual legal 
assistance treaties being negotiated by the United States for 
the purpose of countering criminal activities more effectively. 
The Treaty should be an effective tool to assist in the 
prosecution of a wide variety of modern criminals, including 
those involved in terrorism, other violent crimes, drug 
trafficking, money laundering, and other white collar crime. 
The TReaty is self-executing.
    The Treaty provides for a broad range of cooperation in 
criminal matters. Mutual assistance available under the Treaty 
includes: taking the testimony or statements of persons; 
providing documents, records, and articles of evidence; serving 
documents; locating or identifying persons or items; 
transferring persons in custody for testimony or for other 
assistance; executing requests for searches and seizures; 
assisting in proceedings related to seizure, immobilization and 
forfeiture of assets, restitution, and collection of fines; 
executing procedures involving experts; and providing any other 
form of assistance appropriate under the laws of the Requested 
State.
    I recommend that the Senate give early and favorable 
consideration to the Treaty and give its advice and consent to 
ratification.

                                                William J. Clinton.


                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                         Washington, March 5, 1998.
The President,
The White House.
    The President: I have the honor to submit to you the Treaty 
between the Government of the United States of America and the 
Government of the State of Israel on Mutual Assistance in 
Criminal Matters (``the Treaty''), signed at Jerusalem on 
January 26, 1998, and a related exchange of notes signed the 
same date. I recommend that the Treaty and the related exchange 
of notes be transmitted to the Senate for its advice and 
consent to ratification.
    The Treaty covers mutual legal assistance in criminal 
matters. In recent years, similar bilateral treaties have 
entered into force with a number of countries. This Treaty 
contains many provisions similar to those in the other treaties 
and all of the essential provisions sought by the United 
States. The Treaty will enhance our ability to investigate and 
prosecute a variety of offenses, including drug trafficking, 
terrorism, other violent crimes, and money laundering and other 
white-collar crime. The Treaty is designed to be self-executing 
and will not require new legislation.
    Article I contains a non-exclusive list of the major types 
of assistance to be provided under the Treaty, including taking 
the testimony or statements of persons; providing documents, 
records, and articles of evidence; serving documents; locating 
or identifying persons or items; transferring persons in 
custody for testimony or other assistance under this treaty; 
executing requests for searches and seizures; assisting in 
proceedings related to seizure, immobilization and forfeiture 
of assets; and providing any other form of assistance not 
prohibited under the laws of the Requested State.
    Assistance under the Treaty is to be provided without 
regard to dual criminality (i.e., whether the conduct involved 
would constitute an offense under the laws of both States).
    Article 1(4) states explicitly that the Treaty is intended 
solely for mutual assistance between the Parties. The Treaty 
provisions shall not give rise to any right, that does not 
otherwise exist, on the part of any private person to obtain, 
suppress, or exclude any evidence, or to impede the execution 
of a request for assistance.
    Article 2 provides for the establishment of Central 
Authorities and defines the Central Authorities for purposes of 
the Treaty. For the United States, the Central Authority is the 
Attorney General or an official designated by the Attorney 
General. For Israel, the Central Authority is the Minister of 
Justice or an official designated by the Minister of Justice. 
Article 2 specifies that the Central Authorities will make and 
receive requests pursuant to the Treaty, and that the Central 
Authorities will communicate directly with one another for 
purposes of the Treaty.
    Article 3 sets forth the circumstances under which the 
Requested State's Central Authority may deny assistance under 
the Treaty. A request may be denied if the request, if granted, 
would prejudice the sovereignty, security, important public 
policy, ordre public, or other essential interest of the 
Requested State, if it relates to a political offense, or to an 
offense under military law which would not be an offense under 
ordinary criminal law; or if the request is not made in 
conformity with the Treaty.
    Before denying assistance under Article 3, the Central 
Authority of the Requested State is required to consult with 
its counterpart in the Requesting State to consider whether 
assistance can be given subject to such conditions as the 
Central Authority of the Requested State deems necessary. If 
the Requesting State accepts assistance subject to these 
conditions, it is required to comply with the conditions. If 
the Central Authority of the Requested States denies 
assistance, it must inform the Central Authority of the 
Requesting State of the reasons for the denial.
    Article 4 prescribes the form and contents of written 
requests under the Treaty, specifying in detail the information 
required in each request. The Article provides that requests 
for assistance must be inwriting, except that the Central 
Authority of the Requested State may, in its discretion, accept a 
request in another form in urgent situations, but requires written 
confirmation within the time period determined by the Central Authority 
of the Requested State. All requests must be accompanied by a 
translation in the language of the Requested State unless otherwise 
agreed.
    Article 5 requires the competent authority of the Requested 
State to promptly execute the request or, where appropriate, to 
transmit it to the authority having jurisdiction to do so. The 
competent authorities of the Requested State must do everything 
in their power to execute requests. The Article provides that 
the Courts of the Requested State shall have the authority to 
issue subpoenas, search warrants, or other orders necessary to 
execute the request. In the case of Israel this authority will 
be derived from its domestic law. The Central Authority of the 
Requested State is required to make all necessary arrangements 
for the representation in the Requested State of the Requesting 
State in any proceeding arising out of a request for 
assistance.
    Under Article 5(3), requests are to be executed as 
empowered by the Treaty or by applicable law. The method of 
execution specified in the request is to be followed except 
insofar as it is prohibited by the laws of the Requested State. 
If the Central Authority of the Requested State determines that 
execution of a request would interfere with an ongoing criminal 
investigation, prosecution, or proceeding of that State, it may 
postpone execution or make execution subject to conditions 
determined to be necessary after consultation with the Central 
Authority of the Requesting State. If the Requesting State 
accepts assistance subject to such conditions, it must comply 
with them.
    Article 5(5) states that the Requesting State may request 
that the request for assistance, the contents of the request 
and its supporting documents, and the fact of granting such 
assistance be kept confidential, and discusses consequences of 
such a request for confidentiality. Article 5(6) requires the 
Central Authority of the Requested State to respond to 
reasonable requests by its counterpart concerning progress 
toward execution of the request. Article 5(7) requires the 
Central Authority of the Requested State to promptly inform its 
counterpart from the Requesting State of the outcome of the 
execution of the request.
    Article 6 apportions between the two States the costs 
associated with the execution of requests. The Article provides 
that the Requested State is responsible for paying all costs 
relating to the execution of a request, except that the 
Requesting State must pay for the fees of expert witnesses, the 
costs of translation, interpretation, and transcription, and 
the allowances and expenses related to the travel of persons 
pursuant to Articles 10 and 11. The Article also provides that, 
in cases in which extraordinary expenses arise, the Central 
Authorities of the Parties are to consult with one another to 
determine the manner in which the expenses shall be borne. 
Finally, the Article provides that the Parties shall also 
consult to determine the manner in which costs shall be borne 
in certain cases including requests for seizure, immobilization 
or forfeiture of assets or restraining orders.
    Article 7(1) provides that the Requested State shall not 
use evidence or information obtained under the Treaty for 
purposes other than those stated in the request without prior 
consent of the Central Authority of the Requested State.
    Article 7(2) provides that the Central Authority of the 
Requested State may request that information or evidence 
furnished under the Treaty be kept confidential or be used only 
subject to terms and conditions it may specify. If the 
Requesting State accepts the information or evidence subject to 
such conditions, it is required to comply with the conditions 
to the fullest extent possible. Under Article 7(3), nothing in 
the Article precludes the United States from using or 
disclosing information in a criminal prosecution if it is the 
Requesting State and is required to do so under its 
Constitution, or precludes Israel from using or disclosing the 
information in a criminal prosecution if it is the Requesting 
State and is obligated to do so under the fundamental rights 
provided under it law.
    Article 7(4) states, finally, that unless otherwise 
indicated by the Requested Party when executing the request, 
information or evidence, the contents of whichhave been 
disclosed in a public judicial or administrative proceeding related to 
the request, may thereafter be used for any purpose.
    Article 8 provides that the Requested State must, upon 
request, endeavor to obtain a statement of a person for the 
purpose of an investigation, prosecution or proceeding of the 
Requesting State. The Requested State, if necessary, must 
compel the appearance of a person for taking testimony and 
producing documents, records, and articles to the same extent 
as would be permitted in investigations, prosecutions, and 
proceedings of that State. The Article requires the Central 
Authority of the Requested State, upon request, to inform the 
Requesting State in advance about the date and place of the 
taking of the statement, testimony or evidence pursuant to this 
Article.
    Article 8(4) requires the Requested State to permit the 
presence of such persons as specified in the request during the 
execution of the request, and to allow such persons to question 
the person giving the statement, testimony or evidence, 
provided that they would be competent to do so in the 
Requesting States. Under Article 8(5), in the event that a 
person whose testimony or evidence is being taken asserts a 
claim of immunity, incapacity, or privilege under the laws of 
the Requesting State, the statement, testimony or evidence 
shall nonetheless be taken and the claim made known to the 
Central Authority of the Requesting State for resolution by 
authorities of that State.
    Finally, in order to ensure admissibility in evidence in 
the Requesting State, Article 8(6) provides that evidence 
provided by the Requested State pursuant to this Article or 
which is the subject of testimony taken under this Article may 
be authenticated by an attestation, or in another manner 
specified by the Requesting State, which may include, in the 
case of business records, authentication in the manner 
indicated in Form A appended to the Treaty, if so requested. No 
further authentication or certification shall be necessary in 
order for such documentary information to be admissible in 
proceedings of the Requesting State.
    Article 9 requires that the Requested State provide the 
Requesting State with copies of publicly available records in 
the possession of government departments and agencies in the 
Requested State. The Requested State may also provide copies of 
any records that are in the possession of authorities in that 
State but that are not publicly available, to the same extent 
and under the same conditions as such copies would be available 
to its own law enforcement or judicial authorities. However, 
the Requested State has the discretion to deny such requests 
entirely or in part.
    Official records produced pursuant to Article 9 may be 
authenticated under the provisions of the Convention Abolishing 
the Requirement of Legalization for Foreign Public Documents, 
dated 5 October 1961, or they may be authenticated by the 
official in charge of maintaining them in the manner specified 
by the Requesting State, which may include the use of Form B 
appended to the Treaty, if so requested. No further 
authentication or certification shall be necessary in order for 
such records to be admissible in evidence in proceedings of the 
Requesting State.
    Article 10 provides that when the Requesting State requests 
the voluntary appearance of a person before authorities of that 
State, the Requested State shall invite the person to appear 
before the appropriate authority of the Requesting State. The 
Requesting State is required to indicate the extent to which 
the expenses of the person will be paid. The Central Authority 
of the Requested State shall promptly inform the Central 
Authority of the Requesting State of the response of the 

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