TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 223 - WITNESSES AND EVIDENCE
HEAD
Sec. 3512. Foreign requests for assistance in criminal
investigations and prosecutions
STATUTE
(a) Execution of Request for Assistance. -
(1) In general. - Upon application, duly authorized by an
appropriate official of the Department of Justice, of an attorney
for the Government, a Federal judge may issue such orders as may
be necessary to execute a request from a foreign authority for
assistance in the investigation or prosecution of criminal
offenses, or in proceedings related to the prosecution of
criminal offenses, including proceedings regarding forfeiture,
sentencing, and restitution.
(2) Scope of orders. - Any order issued by a Federal judge
pursuant to paragraph (1) may include the issuance of -
(A) a search warrant, as provided under Rule 41 of the
Federal Rules of Criminal Procedure;
(B) a warrant or order for contents of stored wire or
electronic communications or for records related thereto, as
provided under section 2703 of this title;
(C) an order for a pen register or trap and trace device as
provided under section 3123 of this title; or
(D) an order requiring the appearance of a person for the
purpose of providing testimony or a statement, or requiring the
production of documents or other things, or both.
(b) Appointment of Persons To Take Testimony or Statements. -
(1) In general. - In response to an application for execution
of a request from a foreign authority as described under
subsection (a), a Federal judge may also issue an order
appointing a person to direct the taking of testimony or
statements or of the production of documents or other things, or
both.
(2) Authority of appointed person. - Any person appointed under
an order issued pursuant to paragraph (1) may -
(A) issue orders requiring the appearance of a person, or the
production of documents or other things, or both;
(B) administer any necessary oath; and
(C) take testimony or statements and receive documents or
other things.
(c) Filing of Requests. - Except as provided under subsection
(d), an application for execution of a request from a foreign
authority under this section may be filed -
(1) in the district in which a person who may be required to
appear resides or is located or in which the documents or things
to be produced are located;
(2) in cases in which the request seeks the appearance of
persons or production of documents or things that may be located
in multiple districts, in any one of the districts in which such
a person, documents, or things may be located; or
(3) in any case, the district in which a related Federal
criminal investigation or prosecution is being conducted, or in
the District of Columbia.
(d) Search Warrant Limitation. - An application for execution of
a request for a search warrant from a foreign authority under this
section, other than an application for a warrant issued as provided
under section 2703 of this title, shall be filed in the district in
which the place or person to be searched is located.
(e) Search Warrant Standard. - A Federal judge may issue a search
warrant under this section only if the foreign offense for which
the evidence is sought involves conduct that, if committed in the
United States, would be considered an offense punishable by
imprisonment for more than one year under Federal or State law.
(f) Service of Order or Warrant. - Except as provided under
subsection (d), an order or warrant issued pursuant to this section
may be served or executed in any place in the United States.
(g) Rule of Construction. - Nothing in this section shall be
construed to preclude any foreign authority or an interested person
from obtaining assistance in a criminal investigation or
prosecution pursuant to section 1782 of title 28, United States
Code.
(h) Definitions. - As used in this section, the following
definitions shall apply:
(1) Federal judge. - The terms "Federal judge" and "attorney
for the Government" have the meaning given such terms for the
purposes of the Federal Rules of Criminal Procedure.
(2) Foreign authority. - The term "foreign authority" means a
foreign judicial authority, a foreign authority responsible for
the investigation or prosecution of criminal offenses or for
proceedings related to the prosecution of criminal offenses, or
an authority designated as a competent authority or central
authority for the purpose of making requests for assistance
pursuant to an agreement or treaty with the United States
regarding assistance in criminal matters.
SOURCE
(Added Pub. L. 111-79, Sec. 2(4), Oct. 19, 2009, 123 Stat. 2087.)
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to in subsecs.
(a)(2)(A) and (h)(1), are set out in the Appendix to this title.
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