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14. Supplemental declaration by Edward A. Betancourt, Director of the Office of Policy Review and Inter-Agency Liaison in the Directorate of Overseas Citizens Services ("OCS") of the Bureau of Consular Affairs concerning judicial assistance in Brazil in W


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 THE UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW JERSEY

 

 

Frank Wheaton, III                                  )

                                                                )            Civil No.  00-2205

v.                                                             )

                                                                )

Porreca, et al                                           )

________________________________

 

United States                                          )

                                                                )            Civil No.  99-5943

v.                                                             )

                                                                )

Porreca                                                   )

                                                                )

 

 

DECLARATION OF EDWARD A. BETANCOURT

 

            I, Edward A. Betancourt, hereby depose and say as follows:

 

1.  I previously submitted a declaration in this matter dated May 24, 2001.  I submit this supplemental declaration at the request of the U.S. Department of Justice to further clarify the information contained in my declaration of May 24. 

 

            2.  It is the Department's understanding, based on previous discussions with Brazilian authorities, that the Brazilian prohibition on taking depositions by foreign persons extends to telephone or video teleconference depositions initiated from the United States of a witness in Brazil.  The U.S. Department of State would advise U.S. citizens contemplating participation in such a proceeding, without the concurrence of the host country (Brazil) obtained through diplomatic channels, to consider carefully the impact of such an action since there is reason to believe it which would be regarded by Brazil as a violation of judicial sovereignty. 

 

3.  The U.S. Embassy or Consulates in Brazil could in no way participate in or otherwise sanction such a proceeding and would caution U.S. government officials against doing so. 

 

4.  The Department of State would be pleased to assist the U.S. District Court in any further questions the Court may have regarding judicial assistance in Brazil.

 

I declare under penalty of perjury that the foregoing is true and correct (28 USC 1746).

 

                                                                                    ____________________________

                                                                                                Edward A. Betancourt

Executed in Washington, D.C.

October 29, 2001


 



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