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13137 Ireland - Treaty on Mutual Legal Assistance in Criminal Matters


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13137

 

 

MUTUAL LEGAL ASSISTANCE

 

 

 

 

Treaty Between the
UNITED STATES OF AMERICA
and IRELAND

 

Signed at Washington January 18, 2001

 

 

 

 


 

 


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.”



 


IRELAND

Mutual Legal Assistance

Treaty signed at Washington January 18, 2001;
Transmitted by the President of the United States of America
to the Senate July 11, 2002 (Treaty Doc. 107-9,
107th Congress, 2d Session);
Reported favorably by the Senate Committee on Foreign Relations
October 8, 2002 (Senate Executive Report No. 107-15,
107th Congress, 2d Session);
Advice and consent to ratification by the Senate
November 14, 2002;
Ratified by the President April 29, 2003;
Ratified by Ireland July 24, 2009;
Ratifications exchanged at Washington August 11, 2009;
Entered into force August 11, 2009.

TREATY BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF IRELAND
ON
MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
TABLE OF CONTENTS
Article 1 Scope of Assistance
Article 2 Central Authorities
Article 3 Limitations on Assistance
Article 4 Form and Contents of Requests
Article 5 Execution of Requests
Article 6 Costs
Article 7 Limitations on Use
Article 8 Testimony or Evidence in the Territory of the Requested Party
Article 9 Records of Government Agencies
Article 10 Testimony in the Territory of the Requesting Party
Article 11 Transfer of Persons in Custody
Article 12 Location or Identification of Persons or Items
Article 13 Service of Documents
Article 14 Search and Seizure
Article 15 Return of Items
Article 16 Assistance in Forfeiture Proceedings
Article 17 Compatibility with Other Arrangements
Article 18 Consultation
Article 19 Ratification, Entry Into Force, and Termination
The Government of the United States of America and the Government of Ireland,
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:
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Article 1
Scope of Assistance
1. The 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 articles of evidence;
(c) locating or identifying persons;
(d) serving documents;
(e) transferring persons in custody for testimony or other
purposes;
(f) executing requests for searches and seizures;
(g) identifying, tracing, freezing, seizing, and forfeiting the
proceeds and instrumentalities of crime and assistance
in related proceedings;
(h) such other assistance as may be agreed between
Central Authorities.
3. Except when required by the laws of the Requested Party, assistance shall be
provided without regard to whether the conduct that is the subject of the investigation,
prosecution, or proceeding in the territory of the Requesting Party would constitute an
offense under the laws of the Requested Party.
4. This Treaty is intended solely for mutual legal assistance between the 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.
Article 2
Central Authorities
1. Each Party shall designate a Central Authority to make and receive requests
pursuant to this Treaty.
2. For the Government of the United States of America, the Central Authority
shall be the Attorney General or a person designated by the Attorney General. For the
Government of Ireland, the Central Authority shall be the Minister for Justice, Equality and
Law Reform or a person designated by the Minister.
3. The Central Authorities shall communicate directly with one another for the
purposes of this Treaty.
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Article 3
Limitations on Assistance
1. The Central Authority of the Requested Party may deny assistance if:
(a) the Requested Party is of the opinion that the request, if granted,
would impair its sovereignty, security, or other essential interests, or
would be contrary to important public policy;
(b) the request relates to an offender who, if proceeded against under the
law of the Requested Party for the offense for which assistance is
requested, would be entitled to be discharged on the grounds of a
previous acquittal or conviction;
(c) the request relates to an offense that is regarded by the Central
Authority of the Requested Party as:
(i) an offense of a political character; or
(ii) an offense under military law of the Requested Party which is not
also an offense under the ordinary criminal law of the Requested
Party; or
(d) the request is not made in conformity with the Treaty.
2. Before denying assistance pursuant to this Article, the Central Authority of
the Requested Party shall consult with the Central Authority of the Requesting Party to
consider whether assistance can be given subject to such conditions as it deems necessary. If
the Requesting Party accepts assistance subject to these conditions, it shall comply with the
conditions.
Article 4
Form and Contents of Requests
1. A request for assistance shall be in writing except that the Central Authority
of the Requested Party may accept a request in another form in emergency situations. In any
such case, the request shall be confirmed in writing within ten days thereafter unless the
Central Authority of the Requested Party agrees otherwise. The request shall be in an
official language of the Requested Party 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 which 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.
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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 proceedings,
and the manner in which service is to be made;
(c) information on the identity and whereabouts of a
person to be located;
(d) a precise description of the place or person to be
searched and of the articles to be seized;
(e) a description of the manner in which any testimony or
statement is to be taken and recorded;
(f) 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 territory of the
Requesting Party will be entitled; and
(i) any other information which may be brought to the
attention of the Requested Party to facilitate its
execution of the request.
4. The Requested Party may ask the Requesting Party to provide any further
information which appears to the Requested Party to be necessary for the purpose of
executing the request.
Article 5
Execution of Requests
1. As empowered by this Treaty or by national law, or in accordance with its
national practice, the Central Authority of the Requested Party shall take whatever steps it
deems necessary to execute promptly requests received from the Requesting Party. The
Courts of the Requested Party shall have authority to issue subpoenas, search warrants, or
other orders necessary to execute the request.
2. The Central Authority of the Requested Party shall make all necessary
arrangements for representation in the territory of the Requested Party of the Requesting
Party in any proceedings arising out of a request for assistance.
3. The method of execution specified in the request shall be followed except to
the extent that it is incompatible with the laws and practices of the Requested Party.
4. If the Central Authority of the Requested Party determines that execution of a
request would interfere with an ongoing criminal investigation, prosecution, or proceeding
under the laws of that Party, or prejudice the safety of any person, it may postpone
execution, or make execution subject to conditions determined to be necessary after
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consultations with the Central Authority of the Requesting Party. If the Requesting Party
accepts the assistance subject to the conditions, it shall comply with the conditions.
5. The Central Authority of the Requested Party shall, in accordance with its
national law and practice, facilitate the presence in the execution of the request of such
persons as are specified in the request.
6. The Requested Party shall, upon request, keep confidential any information
which might indicate that a request has been made or responded to. If the request cannot be
executed without breaching confidentiality, the Requested Party shall so inform the
Requesting Party, which shall then determine the extent to which it wishes the request to be
executed.
7. The Central Authority of the Requested Party shall respond to reasonable
inquiries by the Central Authority of the Requesting Party concerning progress toward
execution of the request.
8. The Central Authority of the Requested Party may ask the Central Authority
of the Requesting Party to provide information in such form as may be necessary to enable it
to execute the request or to undertake any steps which may be necessary under the laws and
practices of the Requested Party in order to give effect to the request received from the
Requesting Party.
9. The Central Authority of the Requesting Party shall promptly inform the
Central Authority of the Requested Party of any circumstances which make it inappropriate
to proceed with the execution of the request or which require modification of the action
requested.
10. The Central Authority of the Requested Party shall promptly inform the
Central Authority of the Requesting Party of any circumstances which are likely to cause a
significant delay in responding to the request.
11. The Central Authority of the Requested Party shall promptly inform the
Central Authority of the Requesting Party of the outcome of the execution of the request. If
the request is denied, the Central Authority of the Requested Party shall inform the Central
Authority of the Requesting Party of the reasons for the denial.
Article 6
Costs
1. The Requested Party shall pay all costs relating to the execution of the
request, including the costs of representation, 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 costs, fees, allowances, and
expenses shall be paid by the Requesting Party.
2. If, during the execution of a request, it becomes apparent that complete
execution will entail expenses of an extraordinary nature, the Central Authorities shall
consult to determine the terms and conditions under which execution may continue.
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Article 7
Limitations on Use
1. The Requesting Party shall not use or disclose any information or evidence
obtained under this Treaty for any purposes other than those stated in the request without the
prior consent of the Requested Party.
2. 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 Party
in a criminal prosecution. The Requesting Party shall notify the Requested Party in advance
of any such proposed disclosure.
Article 8
Testimony or Evidence in the Territory of the Requested Party
1. A person in the territory of the Requested Party from whom testimony or
evidence is requested pursuant to this Treaty may be compelled, if necessary, to appear and
testify or produce items, including documents, records, and articles of evidence.
2. Upon request, the Central Authority of the Requested Party shall furnish
information in advance about the date and place of the taking of the testimony or evidence
pursuant to this Article.
3. In accordance with its laws and practice, the Requested Party shall permit the
presence of such persons as specified in the request during the execution of the request, and
shall allow such persons to ask questions directly of the person whose testimony or evidence
is being taken or indirectly through a legal representative qualified to appear before the
courts of the Requested Party.
4. If the person referred to in paragraph 1 asserts a claim of immunity,
incapacity, or privilege under the laws of the Requesting Party, the testimony or evidence
shall nonetheless be taken and the claim made known to the Central Authority of the
Requesting Party for resolution by the authorities of that Party.
5. Evidence produced in the territory of the Requested Party pursuant to this
Article or which is the subject of testimony taken under this Article may be authenticated by
an attestation, including, in the case of business records, authentication 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 Party. Documentary information produced
pursuant to this Article may also be authenticated pursuant to such other form or manner as
may be prescribed from time to time by either Central Authority.
Article 9
Records of Government Agencies
1. The Requested Party shall provide the Requesting Party with copies of
publicly available records, including documents or information in any form, in the
possession of government departments and agencies in the Requested Party.
2. The Requested Party may provide copies of any documents, records, or
information which are in the possession of a government department or agency of that Party,
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but which 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 Party may in its discretion deny a request pursuant to this paragraph entirely or in
part.
3. Records produced pursuant to this Article shall, upon request, be
authenticated under the provisions of the Convention Abolishing the Requirement of
Legalisation for Foreign Public Documents, dated October 5, 1961, or by an official
competent to do so 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 Party. Documentary information produced
pursuant to this Article may also be authenticated pursuant to such other form or manner as
may be prescribed from time to time by either Central Authority.
Article 10
Testimony in the Territory of the Requesting Party
1. When the Requesting Party requests the appearance of a person in the
territory of that Party, the Requested Party shall invite the person to appear voluntarily
before the appropriate authority in the territory of the Requesting Party. The Requesting
Party shall indicate the extent to which the expenses will be paid. The Central Authority of
the Requested Party shall promptly inform the Central Authority of the Requesting Party of
the response of the person.
2. The Central Authority of the Requesting Party may, in its discretion,
determine that a person appearing in the territory of the Requesting Party 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 which preceded his departure from
the territory of the Requested Party.
3. The safe conduct provided for by this Article shall cease seven days after the
Central Authority of the Requesting Party has notified the Central Authority of the
Requested Party that the person's presence is no longer required, or when the person, having
left the territory of the Requesting Party, voluntarily returns. The Central Authority of the
Requesting Party may, in its discretion, extend this period for 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 one Party whose presence in the territory of the
other Party is sought for purposes of assistance under this Treaty shall be transferred for
those purposes if the person and the Central Authorities of both Parties consent.
2. For purposes of this Article:
(a) the receiving Party shall have the authority and the obligation
to keep the person transferred in custody unless otherwise
authorized by the sending Party;
(b) the receiving Party shall return the person transferred to the
custody of the sending Party as soon as circumstances permit
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and in any event no later than the date upon which the person
would have been released from custody in the territory of the
sending Party, unless otherwise agreed by both Central
Authorities and the person transferred;
(c) the receiving Party shall not require the sending Party to
initiate extradition 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 Party for time served in the
custody of the receiving Party.
Article 12
Location or Identification of Persons or Items
The Requested Party shall use its best efforts to ascertain the location or identity of persons
or items specified in the request.
Article 13
Service of Documents
1. The Requested Party 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
Party under the provisions of this Treaty.
2. Service of any document by virtue of paragraph (1) of this Article shall not
impose any obligation under the law of the Requested Party to comply with it.
3. The Requesting Party shall transmit any request for the service of a document
requiring the appearance of a person before an authority in the Requesting Party a reasonable
time before the scheduled appearance.
4. The Requested Party shall return a proof of service in the manner specified in
the Request.
Article 14
Search and Seizure
1. The Requested Party shall execute a request for the search, seizure, and
delivery of any item to the Requesting Party if the request includes the information
justifying such action under the laws of the Requested Party and it is carried out in
accordance with the laws of that Party.
2. The Requested Party may refuse a request if it relates to conduct in respect of
which powers of search and seizure would not be exercisable in the territory of the
Requested Party in similar circumstances.
3. Upon request, every official who has custody of a seized item shall certify,
through the use of Form E appended to this Treaty, the continuity of custody, the identity of
the item, and the integrity of its condition. No further certification shall be required. The
certificates shall be admissible in evidence in the Requesting Party. Certification under this
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Article may also be provided in any other form or manner as may be prescribed from time to
time by either Central Authority.
4. The Central Authority of the Requested Party may require that the
Requesting Party agree to the terms and conditions deemed to be necessary to protect third
party interests in the item to be transferred.
Article 15
Return of Items
The Central Authority of the Requesting Party shall 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 unless the Central Authority of the Requested Party waives their return.
Article 16
Assistance in Forfeiture Proceedings
1. If the Central Authority of one Party becomes aware of proceeds or
instrumentalities of offenses which are located in the territory of the other Party and may be
forfeitable or otherwise subject to seizure under the laws of that Party, it may so inform the
Central Authority of the other Party. If that other Party 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, and the Central Authority shall report to the Central Authority of the other Party on
the action taken.
2. The 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. This may include action to temporarily freeze the proceeds or instrumentalities
pending further proceedings.
3. The Party that has custody over proceeds or instrumentalities of offenses shall
dispose of them in accordance with its laws. Either Party may transfer all or part of such
assets, or the proceeds of their sale, to the other Party, to the extent permitted by the
transferring Party's laws and upon such terms as it deems appropriate.
Article 17
Compatibility with Other Arrangements
Assistance and procedures set forth in this Treaty shall not prevent either Party from
granting assistance to the other Party through the provisions of other applicable international
agreements, or through the provisions of its national laws. The Parties may also provide
assistance pursuant to any bilateral arrangement, agreement, or practice which may be
applicable.
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Article 18
Consultation
The Central Authorities of the 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 shall be subject to ratification, and the instruments of ratification
shall be 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 the Treaty's
entry into force, whether the relevant acts or omissions occurred prior to or after that date.
4. Either Party may terminate this Treaty by means of written notice to the other
Party. Termination shall take effect six months following the date of notification. Ongoing
proceedings at the time of termination shall nonetheless be completed in accordance with the
provisions of this Treaty.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective Governments have signed this Treaty.
DONE at Washington, in duplicate, this eighteenth day of January, 2001.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF IRELAND:
UNITED STATES OF AMERICA:
FORM A (see Article 8)
CERTIFICATE OF AUTHENTICITY OF
BUSINESS RECORDS
I, attest on penalty of
(Name)
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
(Official Title)
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, , a
this day of , 20 .
(notary public, judicial officer, etc.)
FORM B (see Article 8)
CERTIFICATE OF ABSENCE OR NON-EXISTENCE OF BUSINESS RECORDS
I , attest on penalty of criminal punishment for
(Name)
false statement or false attestation that I am employed by
and that my official title
(Name of Business from which documents are sought)
is
(Official Title)
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;
(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, , a
(Name)
this day of , 20 .
(Notary public, judicial officer, etc.)
FORM C (see Article 9)
ATTESTATION OF AUTHENTICITY OF FOREIGN PUBLIC RECORDS
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 duly authorized to attest that the documents attached and described below are
true and accurate copies of original official records which are recorded or filed in
, which is a government office or agency of
(Name of Office or Agency)
(Country)
Description of Documents:
(Signature)
(Title)
(Date)
FORM D (see Article 9)
ATTESTATION REGARDING ABSENCE
OR NON-EXISTENCE OF FOREIGN PUBLIC RECORDS
I , attest on penalty of criminal punishment
(Name)
for false statement or attestation that my position with the Government of
(Country)
is and that in that position I am duly authorized to make this
(Official Title)
attestation.
I do hereby certify that I am the custodian of records of
, and that I have made a diligent
(Name of Public Office or Agency)
search of the said records for the
, and that
(Description of Records for Which a Search was Done)
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
to be recorded or filed and reported, and such matters regularly
(Country)
are recorded or filed and reported by
(Name of Public Agency or Office)
Signature
Date
FORM E (see Article 14)
ATTESTATION WITH RESPECT TO SEIZED ARTICLES
I , attest on penalty of criminal punishment for
(Name)
false statements or attestation that my position with the Government of
(Country)
is . I received the articles listed below from
(Official Title)
on
(Name of Person) (Date)
at in the following condition:
(Place)
Description of Article:
Changes in Condition while in my custody:
Official Seal or Stamp
(Signature)
(Title)
(Date)

 

 

 

 

 



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