ARTILE 13
Locating Persons
1. The Requested State shall take all necessary measures to locate persons
who are believed to be in that State and who are needed in connection with a criminal
investigation, prosecution, or proceeding in the Requesting State.
2. The Requested State shall communicate as soon as possible the results of
its inquiries to the Requesting State.
ARTICLE 14
Initiating Proceedings upon Request
1. When one State is competent to initiate proceedings but wishes the
proceedings to be carried out by the other State, the Central Authority of the former
shall officially notify the Central Authority of the latter of the facts of the case. If the
Requested State has jurisdiction in this regard, it shall submit the case to its
competent authorities with a view to initiating criminal proceedings. Those
authorities shall issue their decision in accordance with the laws of their country.
2. The Requested State shall report the action taken regarding the
notification and transmit, as appropriate, a copy of the decision issued.
ARTICLE 15
Assisting in Forfeiture Proceedings
1. If the Central Authority of one State becomes aware of fruits or
instrumentality’s of crime located in the other State which may be forfeitable or
otherwise subject to seizure under the laws of that other State, it may so inform the
Central Authority of that other state. If that other State has jurisdiction in this regard
it shall present this information to its competent authorities for a determination
whether any action is appropriate. Those authorities shall issue their decision in
accordance with the laws of their country, and shall, through their Central Authority,
report to the other State on the action taken.
2. The Contracting States may assist each other to the extent permitted by
their respective laws and this Treaty, in proceedings relating to the forfeiture of the
fruits or instrumentality’s of crime.
ARTICLE 16
Appearance in the Requesting State
When the appearance of a person who is in the Requested State is needed in
the Requesting State, the Central Authority of the Requested State shall invite the
person to appear before the appropriate authority in the Requesting State, and shall
indicate the extent to which the expenses will be paid. The response of the person
shall be communicated promptly to the Requesting State.
ARTICLE 17
Safe Conduct
1. No person in the territory of the Requesting State who testify or provide
a statement in accordance with the provisions of this Treaty shall be subjected to
service of process or be detained or subjected to any other restriction of personal
liberty by reason of any acts which preceded his departure from the Requested State.
2. The safe conduct provided for by this Article shall cease when the
person, having had the opportunity to leave the Requesting State within 15
consecutive days after notifying that his presence was no longer required by the
appropriate authorities, shall have nonetheless stayed in that State or shall have
voluntarily returned after having left it.
ARTICLE 18
Returning Documents, Records for Articles
The Requesting State shall return any documents, records, or articles
furnished in execution of requests as soon as possible unless the Requested State
waives their return.
ARTICLE 19
Compatibility with Other Treaties and National Laws
Assistance and procedures provided for by this Treaty shall not prevent
either of the Contracting States from granting assistance through the provisions of
other international agreements to which it may be a party or through the provisions of
its national laws.
ARTICLE 20
Ratification and Entry into Force
1. This Treaty shall be subject to ratification; the instruments of ratification
shall be exchanged at Washington as soon as possible.
2. This Treaty shall enter into force upon the exchange of the instruments of
ratification.
ARTICLE 21
Termination
Either Contracting State may terminate this Treaty by means of written
notice to the other Contracting State at any time. Termination shall take effect six
months following the date of notification.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto
by their respective governments, have signed the present Treaty.
Done at Bangkok, in duplicate, in the Thai and English languages, each text
being equally authentic, this nineteenth day of March in the two thousand five
hundred and twenty-ninth year of the Buddhist Era, corresponding to the one
thousand nine hundred and eighty-sixth year of the Christian Era.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
KINGDOM OF THAILAND UNITED STATES OF AMERICA
Air Chief Marshal
(Siddhi Savetsila) (Edwin Meese III)
Deputy Prime Minister Attorney General of the
And United States of America
Minister of Foreign Affairs
Of Thailand
FORM A
CERTIFICATE OF AUTHENTICITY
OF BUSINESS RECORDS
I, ………………………………………………………………………., attest
on penalty of Criminal punishment for false statement or attestation that I am
employed by …………………….(Name of Business from which documents are
sought) and that my official title is……………………………………(Official Title).
I further state that each of the records attached hereto is the original or a duplicate of
the original of records in the custody of………………………………………(Name
of Business from which Documents are sought)
(A) such records were made at or near the time of the occurrence of the matters set
forth, by (or from information transmitted by) a person with knowledge of those
matters ;
(B) such records were kept in the course of a regularly conducted business activity ;
(C) the business activity made such records as a regular practice ; and
(D) if such record is not the original, such record is a duplicate of the original.
……………………………………………………
(Signature)
……………………………………………………
(Date)
FORM B
ATTESTATION OF AUTHENTICITY OF DOCUMENTS
I, ……………………(Name), attest on penalty of criminal punishment for
false statement or attestation that my position with the Government
of………………………(Country) is ……………………………(Official Title)and,
in that position, I am authorized by the law of ……………………………(Country)to
attest that the documents attached and described below are true copies of original
official records which are recorded or filed in………………(name of Government
Office or Agency)which is an office or agency of the Government of …………….. …………(Country)
Description of documents :
……………………………………………………………..
(Signature)
……………………………………………………………..
Title
……………………………………………………………..
Date
FORM C
I, …………………………………………………………..…………(Name)
Certify that I am….… (Title) employed in the..……………………………………… (Name of Government Office or Agency). I received custody of the articles listed
below from ………(Name of Person)……… on ……(Date)…………, at …………(Place)………………………….
I relinquished custody of those articles to ………………on …..
(Date)…….., at ……(Place)………………….. in the same condition as when I
received them (or if different as noted below).
Description of articles:
Changes in condition while in my custody:
……………………………………………
Signature
……………………………………………
Title
OFFICIAL SEAL ……………………………………………
Place
……………………………………………
Date
Index Page
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This legislation was the official authorized translation by International Affairs Department. |