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13125 Singapore - Agreement Concerning the Investigation of Drug Trafficking Offenses and the Seizure and Forfeiture of Proceeds and Instrumentalities of Drug Trafficking


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13125

 

 

JUDICIAL ASSISTANCE

Drug Trafficking

 

 


Agreement Between the
UNITED STATES OF AMERICA
and SINGAPORE

 

Signed at Singapore November 3, 2000

with

Exchange of Notes

 

 

 


 

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.”

 

SINGAPORE

Judicial Assistance: Drug Trafficking

Agreement signed at Singapore November 3, 2000;
Entered into force February 12, 2001.
With exchange of notes.

AGREEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE
CONCERNING THE INVESTIGATION OF
DRUG TRAFFICKING OFFENCES AND
THE SEIZURE AND FORFEITURE OF PROCEEDS
AND INSTRUMENTALITIES OF DRUG TRAFFICKING
AGREEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE
CONCERNING THE INVESTIGATION OF
DRUG TRAFFICKING OFFENCES AND
THE SEIZURE AND FORFEITURE OF PROCEEDS
AND INSTRUMENTALITIES OF DRUG TRAFFICKING
The Government of the United States of America and the Government of the
Republic of Singapore,
Desiring to improve the effectiveness of the law enforcement authorities of both
countries in the investigation and prosecution of drug trafficking and in the seizure
and forfeiture of the proceeds and instrumentalities of drug trafficking;
Have agreed as follows:
ARTICLE 1
DEFINITIONS
For the purposes of this Agreement:
(1) "Confiscation" or "confiscation order" means the deprivation or transfer of
legal ownership or possession of proceeds or instrumentalities of drug trafficking, or
benefits derived therefrom, as authorized by an order of a court for a drug trafficking
offence;
(2) "Documentary information" includes, but is not limited to, any document,
memorandum, report, record, or data compilation in any form, and any plan, graph,
drawing, or photograph, and any disc, tape, or other device for audio reproduction or
computer use, and any film, disc, negative, tape or other device for visual image
reproduction;
(3) "Drug Trafficking" means engaging in unlawful production, supply, distribution,
possession for supply, transport, storage, import or export of a controlled drug or
substance, or engaging in any offence referred to in the United Nations Convention
Against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), in
Article 36 of the Single Convention on Narcotic Drugs (1961), as amended by the
1972 Protocol, or in any other international counter-narcotics agreement that is binding
upon both Contracting States. 'Drug trafficking' also includes concealing or transferring
benefits of drug trafficking or assisting another to retain or dispose of the proceeds of
drug trafficking, which includes the offence known as 'drug money laundering.';
(4) "Forfeiture" means the deprivation or transfer of legal ownership or possession
of proceeds or instrumentalities of drug trafficking, or the confiscation of such items,
as authorized by an order of a court;
(5) "Freeze" means prohibit or restrain, by order of a court in the Requested
State, the conversion, disposition, movement, or transfer of legal ownership of proceeds
of drug trafficking;
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(6) "Instrumentalities" means any and all moveable property, whether corporeal
or incorporeal, tangible or intangible, and legal documents or instruments evidencing
right or title to or interest in such property, used to further drug trafficking in any
way or which contains evidence of a drug trafficking offence;
(7) "Proceeds" means any and all property, whether corporeal or incorporeal,
movable or immovable, tangible or intangible, and legal documents or instruments
evidencing right or title to or interest in such property derived directly or indirectly
from drug trafficking, or other property the value of which corresponds to that of
such property and includes "benefits" derived directly or indirectly from drug
trafficking; and
(8) "Seize" means assume custody or control of evidence or instrumentalities of
drug trafficking, as authorized by order of a court in the Requested State.
ARTICLE 2
SCOPE OF ASSISTANCE
(1) To the extent permitted by their respective laws, the Contracting States shall
provide mutual assistance, in accordance with the provisions of this Agreement, in the
following areas:
(a) the criminal investigation and prosecution of drug trafficking offences;
(b) the tracing, restraint, and criminal forfeiture or confiscation of the
proceeds and instrumentalities of drug trafficking;
(c) the registration and enforcement of a forfeiture or confiscation order
issued by a United States of America court or a Singapore court; and
(d) the collection of evidence or other assistance as specified in this Article
for use in civil forfeiture proceedings in the United States of America
where —
(i) the request is permitted under Singapore law; and
(ii) the request contains the information specified in Article 6 (2) (e)(iv);
and
(iii) one of the following conditions are satisfied:
(A) the proceeds or instrumentalities that are the subject of the
proceedings are not located in Singapore, or
(B) the owner of the proceeds or instrumentalities is shown to be
unknown, deceased, or a fugitive from justice; or
(C) criminal forfeiture proceedings would not be possible or would
be inconsistent with the efficient, effective, and equitable
administration of justice in the particular case; and
(iv) the Central Authority of Singapore, in its discretion, deems it
appropriate to provide the requested assistance.
(2) For the purpose of paragraph (1), assistance shall include:
(a) providing documentary information, including bank, financial institution,
corporate, and business records, and items of evidence;
(b) freezing and forfeiting or confiscating the proceeds of drug trafficking,
and providing assistance in identifying and verifying such proceeds;
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(c) seizing and forfeiting or confiscating the instrumentalities of drug
trafficking, and providing assistance in identifying and verifying such
instrumentalities;
(d) taking the testimony or voluntary statements of persons;
(e) serving documents;
(f) locating or identifying persons and property;
(g) executing requests for searches and seizures; and
(h) any other form of assistance not prohibited by the laws of the Requested
State, as may be mutually agreed.
(3) The execution of requests made pursuant to this Agreement shall be subject
to the terms of this Agreement and the laws of the Requested State.
ARTICLE 3
EXCLUSION OF THIRD PARTY RIGHTS
This Agreement is intended solely for mutual legal assistance between the
Contracting States. The provisions of this Agreement 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.
ARTICLE 4
CENTRAL AUTHORITIES
(1) Each Contracting State shall designate a Central Authority to make and receive
requests pursuant to this Agreement.
(2) For the United States of America, the Central Authority shall be the Attorney
General or a person designated by the Attorney General. For Singapore, the Central
Authority shall be the Attorney-General or a person or body designated by the
Attorney-General.
(3) The Central Authorities shall communicate directly with one another for the
purposes of this Agreement.
ARTICLE 5
LIMITATIONS ON ASSISTANCE
(1) The Central Authority of the Requested State may deny assistance at any
time if it is of the opinion that:
(a) the execution of the request would impair the sovereignty, security,
national or other essential interests of the Requested State or would be
contrary to important public policy in the Requested State; or
(b) the request is not made in conformity with this Agreement.
(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 the Central
Authority of the Requested State 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, it shall
inform the Central Authority of the Requesting State of the reasons for the denial.
ARTICLE 6
FORM AND CONTENT OF REQUESTS
(1) Requests for assistance shall be in writing except in urgent cases. In urgent
cases, the request may be made orally or in another form, but shall be confirmed in
writing within five days thereafter unless the Central Authority of the Requested State
agrees otherwise.
(2) A request made pursuant to this Agreement shall state that it is so made and
shall include the following:
(a) the name of the competent authority conducting the investigation,
prosecution, or forfeiture or confiscation proceeding to which the request
relates;
(b) the purpose for which the request is made and the nature of the evidence,
information, or other assistance which is sought;
(c) a description of the nature of the investigation, prosecution, or forfeiture
or confiscation proceeding in relation to which the request is made
including the relevant facts and laws, and, where a person is suspected of
having engaged in or benefitted from drug trafficking, or where property
is suspected of being connected with drug trafficking, the name, identity,
nationality, location or description of that person or property, if known;
(d) a description of the evidence, documentary information, or other assistance
sought;
(e) a request for freezing, restraint or seizure of the proceeds, instrumentalities
or evidence of drug trafficking shall also include:
(i) a statement describing the grounds for believing that the person
who is the subject of the investigation, prosecution or forfeiture or
confiscation proceeding has engaged in or benefitted from drug
trafficking;
(ii) a description of the property to which measures of restraint or
seizure are to be applied, including, as far as possible, the location
of the property;
(iii) a statement specifying the connection between the person who is
the subject of the investigation, prosecution or forfeiture proceeding
and the property to which it relates;
(iv) a statement describing any grounds for believing that the property
represents the proceeds or an instrumentality of drug trafficking;
(v) a statement describing the nature of the investigation, prosecution
or forfeiture proceeding which has been instituted, and where a
prosecution or forfeiture proceeding has not been instituted, a
statement of when it is anticipated that it is likely to be instituted;
(vi) if applicable, a statement explaining why the United States of
America is using civil forfeiture proceedings instead of criminal
forfeiture proceedings; and
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(vii) a statement indicating the basis for belief that the proceeds,
instrumentalities or evidence of drug trafficking may be found in
the jurisdiction of the Requested State.
(f) A request for registration and enforcement of forfeiture or confiscation
orders shall also include:
(i) the original or a certified true copy of any forfeiture or confiscation
order or judgment of a court in the Requesting State in relation to
the property derived from or an instrumentality of drug trafficking
and a summary of the grounds upon which the order or judgment
was made;
(ii) where the person against whom the order was made did not appear
in the proceedings which resulted in the forfeiture, a statement that
the person had been given notice of the proceedings in sufficient
time to enable the person to defend them;
(iii) a statement that the forfeiture order is in force and neither it nor
any conviction to which it relates is subject to appeal;
(iv) a precise description of the property in respect of which forfeiture
is sought, including where applicable, account numbers, name and
identity of account holders, account balances, safe deposit box
numbers, name and identity of owners of safe deposit boxes, and
location of such proceeds or instrumentalities;
(v) in the case of money, a statement that at the date of the application,
the sum payable under the order has not been paid or the amount
which remains unpaid, or in the case of property, the property which
has not been recovered;
(vi) details of any other party's interest in the property to be forfeited.
(3) To the extent necessary, a request shall also include:
(a) the name, identity, nationality and location of any person from whom
evidence is sought;
(b) a description of the manner in which any testimony or voluntary statement
is requested to be taken and recorded, the subject matter of the evidence
sought and whether sworn or affirmed statements are required;
(c) a list of questions to be asked of a witness;
(d) the identity and address of a person to be served, that person's
relationship to the investigation, prosecution or forfeiture or confiscation
proceeding, and the manner in which service is to be made;
(e) information on the identity and whereabouts of a person to be located;
(f) a precise description of the place or person to be searched and of the
articles to be seized;
(g) a description of any particular procedure requested 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;
(i) the details of any requirement for confidentiality and the reasons thereof;
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(j) any time limit within which compliance with the request is desired;
(k) in the case of a request for information from a financial institution, a
statement that there are reasonable grounds for suspecting that a specified
person has carried on or benefitted from drug trafficking; and
(l) any other information that may be brought to the attention of the
Requested State to facilitate its execution of the request.
(4) The Requested State may ask the Requesting State to provide any further
information that appears to it to be necessary for the purpose of executing the request.
ARTICLE 7
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 subject to and in accordance with the laws of the
Requested State.
(2) The Central Authority of the Requested State shall make or assist in making
all necessary arrangements for the representation in the Requested State of the
Requesting State in any proceedings in connection with the request for assistance.
(3) If the Central Authority of the Requested State determines that execution of
a request, or any portion thereof, would interfere with an ongoing criminal investigation
or prosecution, or any other matter pending before the courts in the Requested 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.
(4) 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 inform the Central
Authority of the Requesting State, which shall then determine whether the request
should nevertheless be executed.
(5) The Central. Authority of the Requested State shall respond to reasonable
requests by the Central Authority of the Requesting State regarding progress toward
execution of the request.
(6) 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 request cannot be executed in whole or in part, the Central Authority of the
Requested State shall inform the Central Authority of the Requesting State of the
reasons therefor.
(7) The Central Authority of the Requesting State shall promptly inform the
Central Authority of the Requested State of any circumstances, including any action
taken in the courts of the Requesting State, which may affect the request or its
execution.
ARTICLE 8
COSTS
(1) The Requested State shall pay, subject to paragraph (2) of this Article, all
costs relating to the execution of the request, except for the fees of expert witnesses,
the costs of translation, interpretation, and transcription, any legal fees of counsel
retained by the Requesting State, and the allowances and expenses related to the
travel of persons pursuant to Article 14, which fees, allowances and expenses shall be
paid by the Requesting State.
(2) If the Central Authority of the Requested State notifies the Central Authority
of the Requesting State that execution of the request might require costs or other
resources of an extraordinary nature, or if it otherwise requests, the Central Authorities
shall consult with a view to reaching agreement on the conditions under which the
request shall be executed and the manner in which costs shall be allocated.
ARTICLE 9
LIMITATIONS ON USE
(1) The Requesting State shall not disclose or use information or evidence
furnished under this Agreement for purposes other than those stated in the request
without the prior written consent of the Central Authority of the Requested State.
The Central Authority of the Requested State may give consent for the information
or evidence to be used for purposes other than those stated in the request subject to
terms and conditions it may specify and, if the Requesting State accepts the information
or evidence subject to such terms and conditions, it shall comply accordingly.
(2) Nothing in this Article shall preclude the use or disclosure of exculpatory
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 disclosure.
(3) Information or evidence that has been made public in the Requesting State
in accordance with paragraph (1) may thereafter be used for any purpose.
ARTICLE 10
ASSISTANCE IN CONFISCATION OR
FORFEITURE PROCEEDINGS
(1) A request may be made for assistance in securing the forfeiture or confiscation
of the proceeds or instrumentalities of drug trafficking. The Contracting States shall
assist each other, to the extent permitted by their respective laws, in relation to
forfeiture or confiscation proceedings. This may include acting to freeze or seize the
proceeds or instrumentalities of drug trafficking pending further proceedings, registering
or enforcing court orders and judgments, or otherwise assisting in forfeiture or
confiscation proceedings.
(2) Proceeds and instrumentalities forfeited in the Requested State pursuant to a
request for assistance under this Agreement shall accrue to the Requested State, unless
otherwise mutually decided.
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ARTICLE 11
TESTIMONY OR EVIDENCE IN
THE REQUESTED STATE
(1) The compelled testimony or voluntary statement provided by a person from
whom evidence, including documentary information, articles, or items is requested
pursuant to this Agreement, may be taken by affidavit, deposition, or such other form
as may be specified in the Requested State.
(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) If compelled testimony is to be taken in the territory of the Requested State,
the Requested State may permit the presence of persons as specified in the request
during the execution of the request and may permit such persons to question the
person giving the testimony where permissible by the laws of the Requested State.
(4) If a person gives a voluntary statement or deposition in the Requested State,
the Requested State shall, with the consent of such person, permit the presence of
persons as specified in the request during the execution of the request and shall permit
such persons to question the person giving the statement or deposition.
(5) If the person referred to in paragraph (1) asserts a claim of immunity,
incapacity, or privilege under the laws of the Requesting State, the evidence shall be
taken nonetheless and the claim made known to the Central Authority of the
Requesting State for resolution by the authorities of that State.
ARTICLE 12
RECORDS OF GOVERNMENT AGENCIES
(1) The Requested State shall provide the Requesting State with copies of publicly
available records, including documentary information in any form, in the possession
of government departments and agencies in the Requested State.
(2) The Requested State may, to the extent permitted by its laws, provide copies
of any documentary information in the possession of a government department or
agency in that State that are not publicly available, but only to the same extent and
under the same conditions as such documentary information would be available to its
own law enforcement or judicial authorities. However, the Requested State shall have
no obligation to provide such documentary information, and it may, in its sole discretion,
deny a request entirely or in part pursuant to this paragraph without providing any
reasons.
ARTICLE 13
CERTIFICATION AND AUTHENTICATION
(1) In the case of a request from the United States of America to Singapore:
(a) any evidence that is produced in Singapore pursuant to Article 11 or is
the subject of a voluntary statement taken under Article 11 may be
authenticated by an attestation, including, in the case of business records,
authentication in the manner indicated by Form A appended to this
Agreement or such other form as may be agreed between the Central
8
Authorities. Official records produced in Singapore pursuant to Article
12 may be authenticated by the official in charge of maintaining them
through the use of Form B appended to this Agreement, or such other
form as may be agreed between the Central Authorities;
(b) documents authenticated by Form A or Form B shall be admissible in
evidence in the United States of America. No further authentication shall
be necessary; and
(c) any documents or other material supporting a request for assistance which
seeks the exercise of compulsory powers or the restraint or confiscation
of property shall, to the extent required by Singapore, be authenticated
in accordance with paragraph (2).
(2) In the case of a request from Singapore to the United States of America, any
documents or other material supplied in response to a request for assistance shall, to
the extent requested, be authenticated if:
(a) they purport to be signed or certified by a judge, magistrate, or officer in
or of the United States of America; and
(b) they are verified by the oath or affirmation of a witness or they purport
to be sealed with an official seal of the United States of America or of a
department thereof; or
(c) they are done in such other form as may be agreed between the Central
Authorities.
ARTICLE 14
TESTIMONY IN THE REQUESTING STATE
(1) When the Requesting State requests the voluntary appearance of a person in
the territory of the Requesting State, the Requested State shall invite the person to
appear before the appropriate authority in the Requesting State. The Requesting State
shall 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 person.
(2) The Central Authority of the Requesting State may, in its discretion and to
the extent permitted by its law, 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 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 if the person has
left the Requesting State and voluntarily returned to it. 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.
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ARTICLE 15
LOCATION OR IDENTIFICATION OF
PERSONS OR PROPERTY
If the Requesting State seeks the location or identity of persons or property in
the Requested State, the Requested State shall use its best efforts to ascertain the
location or identity.
ARTICLE 16
SERVICE OF DOCUMENTS
(1) The Requested State shall use its best efforts to effect service of any document
in accordance with, in whole or in part, any request for assistance made by the
Requesting State under the provisions of this Agreement.
(2) The Requesting State shall transmit any request for the service of a document
in the manner indicated in Form C appended to this Agreement.
(3) The Requesting State shall transmit any request requiring the appearance of
a person before an authority in a Requesting State within a reasonable time before
the scheduled appearance.
(4) The Requesting State shall return a proof of service in the manner specified
in the request.
ARTICLE 17
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 as permitted by and in accordance with the laws of the Requested State.
(2) Upon request, every official who has, or has had, custody of a seized item
shall certify, through the use of Form D appended to this Agreement, or such other
form as may be agreed, the continuity of custody, the identity of the item, and the
integrity of its condition.
ARTICLE 18
RETURN OF DOCUMENTARY
INFORMATION AND ITEMS
The Requesting State shall return any material provided when it is no longer
needed for the purpose for which it was supplied unless otherwise agreed.
ARTICLE 19
COMPATIBILITY WITH OTHER ARRANGEMENTS
Assistance and procedures set forth in this Agreement shall not prevent either
Contracting State from granting assistance to the other Contracting State through the
provisions of any other applicable international agreements or through the provisions
of its domestic laws. The Contracting States may also provide assistance pursuant to
any other bilateral arrangement, agreement, or practice that may be applicable.
10
ARTICLE 20
CONSULTATION
The Central Authorities of the Contracting States shall consult, at times mutually
agreed to by them, on any matter concerning the interpretation of and to promote
the most effective use of this Agreement, either generally or in relation to a particular
case. The Central Authorities may also agree on such practical measures as may be
necessary to facilitate this Agreement.
ARTICLE 21
ENTRY INTO FORCE, TERMINATION
AND EXPIRATION
(1) This Agreement shall enter into force on the date on which the Contracting
States notify each other in writing of the completion of the internal procedures required
for entry into force.
(2) This Agreement may be terminated by either Contracting State upon six
months written notice to the other Contracting State.
(3) This Agreement shall apply to:
(a) a request made after the entry into force of this Agreement, whether or
not the drug trafficking to which the request relates occurred prior to
the entry into force of the Agreement; and
(b) a request for the registration and enforcement of a forfeiture or
confiscation order if the order was made after the entry into force of this
Agreement.
IN WITNESS whereof the undersigned, duly authorized thereto by their respective
Governments, have signed this Agreement.
DONE at Singapore in English in duplicate on this 3rd day of November, 2000.
STEVEN GREEN S JAYAKUMAR
Ambassador Minister for Foreign Affairs
For the Government of the For the Government of the
United States of America Republic of Singapore
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FORM A
CERTIFICATE OF AUTHENTICITY OF BUSINESS RECORDS
I, , attest on penalty
(name)
of criminal punishment for false statement or attestation that I am employed by
and that my official title
is . I further state that each of the records
(official title)
attached hereto is the original or a duplicate of the original record 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; and
(d) if any such record is not the original, it is a duplicate of the original.
(signature) (date)
Sworn to or affirmed before me,
(name)
a judicial officer of , this day of , 20 .
(name of business from which documents are sought)
13
FORM B
ATTESTATION OF AUTHENTICITY OF
FOREIGN PUBLIC DOCUMENTS
I, , attest on penalty of criminal
(name)
punishment for false statement or attestation that my position with the Government
of is and that in that
(country) (official title)
position I am authorized by the law of to attest that the
(country)
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)
14
SINGAPORE
FORM C
NOTICE OF SERVICE OF PROCESS*
That you (state name and particulars, if available) are hereby being served with
the following:
(State nature/type of process)
This service is made pursuant to a request by (Requesting State) under the
Agreement Between the Government of the Republic of Singapore and the
Government of the United States of America Concerning the Investigation of Drug
Trafficking Offences and the Seizure and Forfeiture of Proceeds and Instrumentalities
of Drug Trafficking. Please note, however, that by serving these documents on behalf
of (the Requesting State), (the Requested State) takes no position with respect to the
merits of any proceedings in (the Requesting State).
2. You are hereby notified that the effect of the acceptance of service of this
process on you or your refusal to accept service of the said process or to comply with
the terms of the process are as follows:
(1) If the process is a summons to appear as a witness in (the Requesting State),
you will not be subject to any liability, penalty or otherwise be prejudiced in
law in (the Requesting State) by reason only of your refusal or failure to
accept or comply with the summons notwithstanding any contrary statements
in the said process.
(2) (state other possible consequences, if any, in refusing or failing to accept
service or failing to comply with the terms of service of process in the
Requesting State).
3. Please review the enclosed documents carefully for instructions and deadlines.
If you have any questions about them, you may contact (the Central Authority of the
Requesting State) directly at (phone number), or contact the Embassy or consulate of
the (the Requesting State) in your area. You may also contact (phone number, etc. of
proper authority of the Requested State).
Central Authority of the Requesting State
Date
* Please note that the service of the above process does not impose any obligation under the laws of the Requested
State to comply with it,
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UNITED STATES OF AMERICA
FORM C
NOTICE OF SERVICE OF PROCESS
That you (state name and particulars, if available) are hereby being served with
the following:
(State nature/type of process)
This service is made pursuant to a request by (Requesting State) under the
Agreement Between the Government of the Republic of Singapore and the
Government of the United States of America Concerning the Investigation of Drug
Trafficking Offences and the Seizure and Forfeiture of Proceeds and Instrumentalities
of Drug Trafficking. Please note, however, that by serving these documents on behalf
of (the Requesting State), the (Requested State) takes no position with respect to the
merits of any proceedings in (the Requesting State).
There is no penalty under the law of (the Requested State) solely for accepting
or refusing to accept service, or for complying or refusing to comply with the terms of
the enclosed process, notwithstanding any contrary statements that may appear in the
said process. However, you may wish to seek advice as to the possible consequences
of failing to comply with the service of documents under the law of (the Requesting
State).
Please review the enclosed documents carefully for instructions and deadlines. If
you have any questions about them, you may contact (the Central Authority of the
Requesting State) directly at ( phone number, etc., of proper authority of the Requested
State for contact), or contact the Embassy or consulate of (the Requesting State) in
your area. You may also contact (phone number, etc., of proper authority of the
Requested State for contact).
Central Authority of the Requesting State
Date
16
FORM D
ATTESTATION WITH RESPECT TO SEIZED ARTICLES
I, , attest on penalty of criminal
(name)
punishment for false statement or attestation that my position with the Government
of is . I received
(country) (official title)
custody of the articles listed below from
(official title)
on , at
(name of person) (date)
in the same condition as when I received
(place)
them (or, if different, as noted below).
Description of Articles:
Changes in condition while in my custody:
(signature)
(title)
Official Seal
(place)
(date)
17
MINISTER FOR FOREIGN AFFAIRS
SINGAPORE
3 November 2000
His Excellency Steven Green
Ambassador of the United States of America
Excellency:
I have the honour to refer to the Agreement Concerning the Investigation of Drug
Trafficking Offences and the Seizure and Forfeiture of Proceeds and Instrumentalities
of Drug Trafficking ("the Agreement"), signed today between the Government of the
United States of America and the Government of the Republic of Singapore, and in
particular to Article 5(1)(a) of the Agreement.
Article 5(1)(a) states that the Central Authority of the Requested State may deny
assistance at any time if "the execution of the request would prejudice the security or
other essential interests of the Requested State." The Parties agree that the term "other
essential interests" in Article 5(1)(a) shall include, for the Republic of Singapore, all of
the limitations on assistance set forth in Section 20 of Singapore's Mutual Assistance
in Criminal Matters Act 2000, so long as this law is in effect.
I have the further honour to propose that this Note and your Excellency's reply
confirming on behalf of your Government the foregoing understanding shall be regarded
as an agreement between the two Governments, which shall enter into force
simultaneously with the Agreement.
Accept, Excellency, the renewed assurances of my highest consideration.
S JAYAKUMAR
EMBASSY OF THE
UNITED STATES OF AMERICA
No. 704/00 Singapore
3 November 2000
Excellency:
I have the honor to acknowledge receipt of Your
Excellency's Note of 3 November 2000, which reads as
follows:
"I have the honour to refer to the Agreement Concerning
the Investigation of Drug Trafficking Offences and the
Seizure and Forfeiture of Proceeds and Instrumentalities of
Drug Trafficking ("the Agreement "), signed today between
the Government of the United States of America and the
Government of the Republic of Singapore, and in particular
to Article 5(1)(a) of the Agreement.
Article 5(1)(a) states that the Central Authority of
the Requested State may deny assistance at any time if "the
execution of the request would prejudice the security or
other essential interests of the Requested State." The
Parties agree that the term "other essential interests" in
Article 5(1)(a) shall include, for the Republic of
Singapore, all of the limitations on assistance set forth in
Section 20 of Singapore's Mutual Assistance in Criminal
Matters Act 2000, so long as this law is in effect.
I have the further honour to propose that this Note and
your Excellency's reply confirming on behalf of your
Government the foregoing understanding shall be regarded as
an agreement between the two Governments, which shall enter
into force simultaneously with the Agreement.
Accept, Excellency, the renewed assurances of my highest
consideration."
I have the honor to confirm on behalf of the Government
of the United States of America that the above proposal is
acceptable to the United States of America, and that Your
Excellency's Note and this Note shall constitute an
agreement between the two Governments, which shall enter
into force simultaneously with the Agreement.
Accept, Excellency, the renewed assurances of my
highest consideration.
Steven J. Green
Ambassador
2



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