ARTICLE 10 Serving Documents

1. The Requested State shall effect service of any legal document transmitted for this purpose by the Requesting State.

2. Any request for the service of a document requiring the appearance of a person before an authority in the Requesting State shall be transmitted a reasonable time before the scheduled appearance.

3. The Requested State shall return as proof of service a dated receipt signed by the person served or a declaration signed by the officer effecting service, specifying the form and date of service.

4. A person, other than a national of the Requesting State, who has been served pursuant to this Article with a legal document calling for his appearance in the Requesting State, shall not be subjected to any civil or criminal forfeiture, or other legal sanction or measure of restraint, because of his failure to comply therewith, even if the document contains a notice of penalty.

ARTICLE 11 Search and Seizure

1. A request for search, seizure, and delivery of any article to the Requesting State shall be executed if it includes the information justifying that action under the laws of the Requested States.

2. Every official of the Requested State who has custody of a seized article shall certify, through the use of Form C appended to this Treaty, the continuity of custody, the identity of the article, and the integrity of its condition. No further certification shall be required. Such certificate shall be admitted in evidence as proof of the truth of the matters set forth therein.

ARTICLE 12 Transferring Persons in Custody for Testimonial Purposes

1. A person in custody in the Requested State who is needed as a witness in the Requesting State shall be transported to that State if the person and the Requested State consent.

2. A person in custody in the Requesting State whose presence in the Requested State is required for the purpose of confrontation may be transported to the Requested State if the person and the Requested State consent.

3. For the purposes of this Article:

(a) the receiving State shall have the authority and obligation to keep the person transferred in custody unless otherwise authorized by the sending State;

(b) the receiving State shall return the person transferred to the custody of the sending State as soon as circumstances permit or as otherwise

(c) the receiving State shall not require the sending State to initiate extradition proceedings in order to obtain the return of the person transferred; and

(d) the person transferred shall receive credit for service of the sentence imposed in the sending State for time served in the custody of the receiving State.

ARTICLE 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 on 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 instrumentalities of crime located in the other State which may be forfeitable or otherwise subject to seizure under the laws of the 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 instrumentalities of crime.

Part 7