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12948 Egypt - Treaty on Mutual Legal Assistance in Criminal Matters


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12948

 

 

MUTUAL LEGAL ASSISTANCE

 

 

 

 


Treaty Between the
UNITED STATES OF AMERICA
and EGYPT

 

Signed at Cairo May 3, 1998

TREATY BETWEEN THE GOVERNMENT OF
THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT
ON
MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
The Government of the United States of America and the Government of the
Arab Republic of Egypt (hereinafter "the Contracting Parties");
Desiring to improve the effectiveness of the law enforcement authorities of
both countries in the investigation, prosecution, and prevention of crime through
cooperation and mutual legal assistance in criminal matters;
Have agreed as follows:
Article 1
Scope of Assistance
1. The Contracting Parties shall provide mutual assistance, in accordance with
the provisions of this Treaty, in connection with the investigation, prosecution, and
prevention of offenses, and in proceedings related to criminal matters.
2. Assistance shall include:
(a) taking the testimony or statements of persons;
(b) providing documents, records, and items of evidence;
(c) locating or identifying persons or items;
(d) serving documents;
(e) transferring persons in custody for testimony or other purposes;
(f) executing requests for searches and seizures;
(g) assisting in proceedings related to immobilization and forfeiture of
assets; restitution; collection of fines; and
(h) any other form of assistance not prohibited by the laws of the Requested
State.
3. Assistance shall be provided in connection with any conduct that is the
subject of the investigation, prosecution, or proceeding under the laws of the Requesting
State.
4. This Treaty is intended solely for mutual legal assistance between the
Contracting Parties. The provisions of this Treaty shall not give rise to a right on the part
of any private person to obtain, suppress, or exclude any evidence, or to impede the
execution of a request.
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Article 2
Central Authorities
1. Each Contracting Party shall designate a Central Authority to make and
receive requests pursuant to this Treaty.
2. For the United States of America, the Central Authority shall be the
Attorney General or a person designated by the Attorney General. For the Arab Republic
of Egypt, the Central Authority shall be the Minister of Justice or a person designated by
the Minister of Justice.
3. The Central Authorities shall communicate directly with one another for the
purposes of this Treaty.
Article 3
Limitations on Assistance
1. The Central Authority of the Requested State may deny assistance if:
(a) the request relates to an offense under military law that would not be
an offense under ordinary criminal law;
(b) the execution of the request would prejudice the security or similar
essential interests of the Requested State; or
(c) the request is not made in conformity with the Treaty.
2. Before denying assistance pursuant to this Article, the Central Authority of
the Requested State shall consult with the Central Authority of the Requesting State to
consider whether assistance can be given subject to such conditions as it deems necessary.
If the Requesting State accepts assistance subject to these conditions, it shall comply with
the conditions.
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3. If the Central Authority of the Requested State denies assistance pursuant to
this article, it shall inform the Central Authority of the Requesting State of the reasons for
the denial.
Article 4
Form and Contents of Requests
1. A request for assistance shall be in writing except that the Central Authority
of the Requested State may accept a request in another form in urgent situations. If the
request is not in writing, it shall be confirmed in writing within ten days thereafter unless
the Central Authority of the Requested State agrees otherwise. The request shall be in the
language of the Requested State unless otherwise agreed.
2. The request shall include the following:
(a) the name of the authority conducting the investigation, prosecution,
or proceeding to which the request relates;
(b) a description of the subject matter and nature of the investigation,
prosecution, or proceeding, including the specific criminal offenses
that relate to the matter;
(c) a description of the evidence, information, or other assistance sought;
and
(d) a statement of the purpose for which the evidence, information, or
other assistance is sought.
3. To the extent necessary and possible, a request shall also include:
(a) information on the identity and location of any person from whom
evidence is sought;
(b) information on the identity and location of a person to be served, that
person's relationship to the investigation, prosecution, or proceedings,
and the manner in which service is to be made;
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(c) information on the identity and whereabouts of persons or items to be
located;
(d) a precise description of the place or person to be searched and of the
items to be seized;
(e) a description of the manner in which any testimony or statement is to
be taken and recorded;
(f) a description of the testimony or statement sought, which may include
a list of questions to be asked of a witness;
(g) a description of any particular procedure to be followed in executing
the request;
(h) information as to the allowances and expenses to which a person
asked to appear in the Requesting State will be entitled; and
(i) any other information that may be brought to the attention of the
Requested State to facilitate its execution of the request.
Article 5
Execution of Requests
1. The Central Authority of the Requested State shall promptly execute the
request or, when appropriate, shall transmit it to the authority having jurisdiction to do so.
The competent authorities of the Requested State shall do everything in their power to
execute the request. The Courts of the Requested State shall have authority to issue orders
necessary to execute the request.
2. The Central Authority of the Requested State shall make all necessary
arrangements for and meet the costs of the representation in the Requested State of the
Requesting State in any proceedings arising out of a request for assistance.
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3. Requests shall be executed in accordance with the laws of the Requested
State except to the extent that this Treaty provides otherwise. However, the method of
execution specified in the request shall be followed except insofar as it is prohibited by the
laws of the Requested State.
4. If the Central Authority of the Requested State determines that execution of
a request would interfere with an ongoing criminal investigation, prosecution, or
proceeding in that State, it may postpone execution, or make execution subject to
conditions determined necessary after consultations with the Central Authority of the
Requesting State. If the Requesting State accepts the assistance subject to the conditions, it
shall comply with the conditions.
5. The Requested State shall use its best efforts to keep confidential a request
and its contents if such confidentiality is requested by the Central Authority of the
Requesting State. If the request cannot be executed without breaching such confidentiality,
the Central Authority of the Requested State shall so inform the Central Authority of the
Requesting State, which shall then determine whether the request should nevertheless be
executed.
6. The Central Authority of the Requested State shall respond to reasonable
requests by the Central Authority of the Requesting State on progress toward execution of
the request.
7. The Central Authority of the Requested State shall promptly inform the
Central Authority of the Requesting State of the outcome of the execution of the request. If
the execution of the request is denied, delayed, or postponed, the Central Authority of the
Requested State shall inform the Central Authority of the Requesting State of the reasons
for the denial, delay, or postponement.
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Article 6
Costs
The Requested State shall pay all costs relating to the execution of the request,
except for the fees of expert witnesses, the costs of translation, interpretation, and
transcription, and the allowances and expenses related to travel of persons pursuant to
Articles 10 and 11, which shall be paid by the Requesting State.
Article 7
Limitations on Use
1. The Central Authority of the Requested State may request that the
Requesting State not use any information or evidence obtained under this Treaty in any
investigation, prosecution, or proceeding other than that described in the request without
the prior consent of the Central Authority of the Requested State. In cases where consent
is provided, the Requesting State shall comply with the conditions specified by the
Requested State.
2. The Central Authority of the Requested State may request that information
or evidence furnished under this 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, the Requesting State shall use its best efforts to comply
with the conditions.
3. Nothing in this Article shall preclude the use or disclosure of information to
the extent that there is an obligation to do so under the Constitution of the Requesting State
in a criminal prosecution. The Requesting State shall notify the Requested State in
advance of any such proposed use or disclosure.
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4. Information or evidence that has been made public in the Requesting State in
a manner consistent with paragraphs 1 or 2 may thereafter be used for any purpose.
Article 8
Testimony or Evidence in the Requested State
1. A person in the Requested State from whom testimony or evidence is
requested pursuant to this Treaty shall be compelled, if necessary, under the laws of the
Requested State to appear and testify or produce items, including documents, records, and
articles of evidence.
2. Upon request, the Central Authority of the Requested State shall furnish
information in advance about the date and place of the taking of the testimony or evidence
pursuant to this Article.
3. The Requested State shall permit the presence of such persons as specified in
the request during the execution of the request, except when the presence of such persons
would be prohibited under the laws of the Requested State, and shall allow such persons to
pose questions directly or indirectly to the person giving the testimony or evidence.
4. If the person referred to in paragraph 1 asserts a claim of immunity,
incapacity, or privilege under the laws of the Requesting State, the testimony or evidence
shall nonetheless be taken and the claim made known to the Central Authority of the
Requesting State for resolution by the authorities of that State.
5. Evidence produced in the Requested State pursuant to this Article or that
has been the subject of testimony taken under this Article may be authenticated by
attestation, including in the case of business records, in the manner indicated in Form A
appended to this Treaty. The absence or nonexistence of such records may, upon request,
be certified through the use of Form B appended to this Treaty. Records authenticated by
Form A, or Form B certifying the absence or nonexistence of such records, shall be
admissible in evidence in the Requesting State.
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Article 9
Records of Government Agencies
1. The Requested State shall provide the Requesting State with copies of
publicly available records, including documents or information in any form, in the
possession of government departments and agencies in the Requested State.
2. The Requested State may provide copies of any records, including documents
or information, that are in the possession of a government department or agency 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. The
Requested State may in its discretion deny a request pursuant to this paragraph entirely or
in part.
3. Records produced pursuant to this Article may be authenticated by the
official responsible for maintaining them through the use of Form C appended to this
Treaty. The absence or nonexistence of such records may, upon request, be certified
through the use of Form D appended to this Treaty. No further authentication shall be
necessary. Records authenticated by Form C, or Form D certifying the absence or
nonexistence of such records, shall be admissible in evidence in the Requesting State.
Article 10
Testimony in the Requesting State
1. When the Requesting State requests the appearance of a person who is
present in the Requested State, the Requested State shall invite the person to so appear.
The Requesting State shall indicate the extent to which the expenses 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 person.
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2. The Central Authority of the Requesting State may, in its discretion,
determine that a person appearing in the Requesting State pursuant to this article shall not
be subject to service of process, or be detained or subjected to any restriction of personal
liberty, by reason of any acts or convictions that preceded his departure from the
Requested State.
3. The safe conduct provided for by this Article shall cease seven days after the
Central Authority of the Requesting State has notified the Central Authority of the
Requested State that the person's presence is no longer required, or when the person,
having left the Requesting State, voluntarily returns. The Central Authority of the
Requesting State may, in its discretion, extend this period up to fifteen days if it determines
that there is good cause to do so.
Article 11
Transfer of Persons in Custody
1. A person in the custody of a Contracting Party, whose presence is requested
in the State of the other Contracting Party for purposes of assistance under this Treaty,
shall be transferred to that State if the person consents and if the Central Authorities of
both States agree.
2. For purposes of this Article:
(a) the receiving State shall have the authority and the 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
agreed by both Central Authorities;
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(c) the receiving State shall not require the sending State to initiate
extradition or any other proceedings for 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 12
Location or Identification of Persons or Items
If the Requesting State seeks the location or identity of persons or items in the
Requested State, the Requested State shall use its best efforts to ascertain the location or
identity.
Article 13
Service of Documents
1. The Requested State shall use its best efforts to effect service of any
document relating, in whole or in part, to any request for assistance made by the
Requesting State under the provisions of this Treaty.
2. The Requesting State shall transmit any request for the service of a
document requiring the appearance of a person before an authority in the Requesting State
a reasonable time before the scheduled appearance.
3. The Requested State shall return a proof of service to the Requesting State in
the manner specified in the request.
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Article 14
Search and Seizure
1. The Requested State shall execute a request for the search, seizure, and
delivery of any item to the Requesting State if the request includes the information
justifying such action under the laws of the Requested State.
2. Upon request by the Central Authority of the Requesting State, every official
in the Requested State who has had custody of a seized item shall certify, through the use of
Form E appended to this Treaty, the identity of the item, the continuity of its custody, and
any changes in its condition. No further certification shall be required. The certificates
shall be admissible in evidence in the Requesting State.
3. The Central Authority of the Requested State may require that the
Requesting State agree to the terms and conditions deemed necessary to protect third Party
interests in the item to be transferred.
Article 15
Return of Items
The Central Authority of the Requested State may require that the Central
Authority of the Requesting State return any items, including documents, records, or
articles of evidence furnished to it in execution of a request under this Treaty as soon as
possible.
Article 16
Assistance in Seizure and Forfeiture Proceedings
1. If the Central Authority of one Contracting Party becomes aware of proceeds
or instrumentalities of offenses that are located in the other Contracting Party and may be
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forfeitable or otherwise subject to seizure under the laws of that Contracting Party, it may
so inform the Central Authority of the other Contracting Party. If the Contracting Party
receiving such information has jurisdiction in this regard, it may present this information
to its authorities for a determination whether any action is appropriate. These authorities
shall issue their decision in accordance with the laws of their country. The Central
Authority of the Contracting Party that received the information shall inform the Central
Authority of the Contracting Party that provided the information of the action taken.
2. The Contracting Parties shall assist each other to the extent permitted by
their respective laws in proceedings relating to the forfeiture of the proceeds and
instrumentalities of offenses, restitution to the victims of crime, and the collection of fines
imposed as sentences in criminal prosecutions. This may include action to temporarily
immobilize the proceeds or instrumentalities pending further proceedings.
3. The Contracting Party that has custody over proceeds or instrumentalities of
offenses shall dispose of them in accordance with its laws. Either Contracting Party may
transfer all or part of such assets, or the proceeds of their sale, to the other Contracting
Party, to the extent permitted by the transferring Contracting Party's laws and upon such
terms as it deems appropriate.
Article 17
Compatibility with Other Treaties
Assistance and procedures set forth in this Treaty shall not prevent either of the
Contracting Parties from granting assistance to the other Contracting Party through the
provisions of other applicable international agreements, or through the provisions of its
national laws. The Contracting Parties may also provide assistance pursuant to any
bilateral arrangement, agreement, or practice that may be applicable.
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Article 18
Consultation
The Central Authorities of the Contracting Parties shall consult, at times mutually
agreed to by them, to promote the most effective use of this Treaty. The Central
Authorities may also agree on such practical measures as may be necessary to facilitate the
implementation of this Treaty.
Article 19
Ratification, Entry Into Force, and Termination
1. This Treaty and its Appendices, which are integral parts of the Treaty, shall
be subject to ratification, and the instruments of ratification shall he exchanged as soon as
possible.
2. This Treaty shall enter into force upon the exchange of instruments of
ratification.
3. This Treaty shall apply to any request presented after the date of its entry
into force whether the relevant acts or omissions occurred prior to or after that date.
4. Either Contracting Party may terminate this Treaty by means of written
notice to the other Contracting Party. Termination shall take effect six months following
the date of notification.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective Governments, have signed this Treaty.
DONE at Cairo this third day of May, 1998, in duplicate, in the English and
Arabic languages, both texts being equally authentic.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA: THE ARAB REPUBLIC OF EGYPT:
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FORM A
CERTIFICATE OF AUTHENTICITY OF
BUSINESS RECORDS
I, (Name) , attest on penalty of
criminal punishment for false statement or false attestation that
I am employed by (Name of Business from which documents are sought)
and that my official title is .
I further state that each of the records attached hereto is the original or a duplicate of the
original records in the custody of (Name of Business from which documents
are sought) .
I further state that:
(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;
(D) if such record is not the original, such record is a duplicate of the original.
Signature Date
Sworn to or affirmed before me. (Name) ,
a (notary public, judicial officer, etc.) this
day of 19 .
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FORM B
CERTIFICATE OF ABSENCE OR NON-EXISTENCE OF
BUSINESS RECORDS
I, (Name) , attest on penalty of criminal punishment for false
statement or false attestation that
I am employed by (Name of Business from which documents are sought)
and that my official title is .
As a result of my employment with the above-named business, I am familiar with the
business records it maintains. The business maintains business records that:
(A) are 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) are kept in the course of a regularly conducted business activity; and
(C) are made by the business as a regular practice.
Among the records so maintained are records of individuals and entities that have
accounts or otherwise transact business with the above-named business. I have made or
caused to be made a diligent search of those records. No records have been found
reflecting any business activity between the business and the following individuals and
entities: .
If the business had maintained an account on behalf of or had participated in a transaction
with any of the foregoing individuals or entities, its business records would reflect that fact.
Signature Date
Sworn to or affirmed before me, (Name) , a
this (notary public, judicial officer, etc.) day of 19 .
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FORM C
ATTESTATION OF AUTHENTICITY OF
FOREIGN PUBLIC RECORDS
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 that in that position I am authorized by
the law of (Country) to attest that the documents attached and
described below, are true and accurate copies of original official records which
are recorded or filed in (Name of Office or Agency) ,
which is a government office or agency of (Country) .
Description of Documents:
(Signature)
(Title)
(Date)
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FORM D
ATTESTATION REGARDING ABSENCE OR
NON-EXISTENCE OF FOREIGN PUBLIC RECORDS
I, , attest on penalty of
criminal punishment for false statement or attestation that
my position with the Government of (Country)
is (official title) and that in that position I am
authorized by the laws of (Country) to make this
attestation.
I do hereby certify that I am the custodian of records of
(Name of Public Office or Agency), and that I have made a diligent
search of the said records for the (Set Forth Description
of Records for Which a Search was Done), and that no such records are
found to exist therein.
I further certify that the records for which a search was conducted set
forth matters which are required by the laws of the Government of
(Country) to be recorded or filed and reported, and
such matters regularly are recorded or filed and reported by
(Name of Public Agency or Office).
(Signature)
(SEAL)
(Date)
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FORM E
ATTESTATION WITH RESPECT
TO SEIZED ARTICLES
I, (Name) , attest on penalty of criminal punishment for false
statements or attestation that my position with the Government of (Country)
is
. I received the articles listed below from
(Official Title)
(Name of Person)
on (Date), at (Place)
in the following condition:
Description of Article:
Changes in Condition while in my custody:
Official Seal
(Signature)
(Title)
(Date)

 

 

 

 


 

 


NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”


 

 

 

 


EGYPT

Mutual Legal Assistance

Treaty signed at Cairo May 3, 1998;
Transmitted by the President of the United States of America
to the Senate February 2, 2000 (Treaty Doc. 106-19,
106th Congress, 2d Session);
Reported favorably by the Senate Committee on Foreign Relations
September 27, 2000 (Senate Executive Report No. 106-24,
106th Congress, 2d Session);
Advice and consent to ratification by the Senate
October 18, 2000;
Ratified by the President January 5, 2001;
Ratifications exchanged at Washington November 29, 2001;
Entered into force November 29, 2001.

 

 

 

 



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