The Government of the United States of America and the Government of the Republic of Lithuania,

(2)of the Agreement on Mutual Legal Assistance between the United States of America and the European Union signed 25 June 2003 (hereafter "the U.S.-EU Mutual Legal Assistance Agreement"), the Governments of the Republic of Lithuania and the United States of America acknowledge that, in accordance with the provisions of this Protocol, the U.S.- EU Mutual Legal Assistance Agreement is applied in relation to the bilateral Treaty between the Government of the Republic of Lithuania and the Government of the United States of America on Mutual Legal Assistance in Criminal Matters, signed 16 January 1998 (hereafter “the 1998 Mutual Legal Assistance Treaty”) under the following terms: (

1. a)Article 4 of the U.S.-EU Mutual Legal Assistance Agreement as set forth in Article 16 bis of the Annex to this Protocol shall govern the identification of financial accounts and transactions, in addition to any authority already provided under the 1998 Mutual Legal Assistance Treaty; (
2. b)Article 5 of the U.S.-EU Mutual Legal Assistance Agreement as set forth in Article 16 ter of the Annex to this Protocol shall govern the formation and activities of joint investigative teams, in addition to any authority already provided under the 1998 Mutual Legal Assistance Treaty; (
3. c)Article 6 of the U.S.-EU Mutual Legal Assistance Agreement as set forth in Articles 6 and 16 quater of the Annex to this Protocol shall govern the taking of testimony of a person located in the Requested State by use of video transmission technology between the Requesting and Requested States, in addition to any authority already provided under the 1998 Mutual Legal Assistance Treaty; (
4. d)Article 7 of the U.S.-EU Mutual Legal Assistance Agreement as set forth in Article 4

(1)of the Annex to this Protocol shall govern the use of expedited means of communication, in addition to any authority already provided under the 1998 Mutual Legal Assistance Treaty; (e) Article 8

(2)of the U.S.-EU Mutual Legal Assistance Agreement as set forth in Article 2

(2)of the Annex to this Protocol shall govern the transmission of requests for mutual legal assistance to administrative authorities, in addition to any authority already provided under the 1998 Mutual Legal Assistance Treaty; and (f) Article 9 of the U.S.-EU Mutual Legal Assistance Agreement as set forth in Article 7 of the Annex to this Protocol shall govern the limitation on use of information or evidence provided to the Requesting State, and the conditioning or refusal of assistance on data protection grounds.

1. The Annex reflects the integrated text of the provisions of the 1998 Mutual Legal Assistance Treaty and the U.S.-EU Mutual Legal Assistance Agreement that shall apply upon entry into force of this Protocol.
2. In accordance with Article 12 of the U.S.-EU Mutual Legal Assistance Agreement, this Protocol shall apply to offenses committed before as well as after it enters into force.
3. This Protocol shall not apply to requests made prior to its entry into force; except that, in accordance with Article 12 of the U.S.-EU Mutual Legal Assistance Agreement, Articles 4

(1), 6 and 16 quater of the Annex shall be applicable to requests made prior to such entry into force. 5. (

1. a)This Protocol shall be subject to the completion by the Republic of Lithuania and the United States of America of their respective applicable internal procedures for entry into force. The Governments of the Republic of Lithuania and the United States of America shall thereupon exchange instruments indicating that such measures have been completed. This Protocol shall enter into force on the date of entry into force of the U.S.-EU Mutual Legal Assistance Agreement. (
2. b)In the event of termination of the U.S.-EU Mutual Legal Assistance Agreement, this Protocol shall be terminated and the 1998 Mutual Legal Assistance Treaty shall be applied. The Governments of the Republic of Lithuania and the United States of America nevertheless may agree to continue to apply some or all of the provisions of this Protocol. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Protocol. DONE at Brussels, in duplicate, this 15 day of June, 2005, in Lithuanian and the English languages, both texts being equally authentic. FOR THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA: FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: ANNEX TREATY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA AND THE GOVERNMENT OF THE UNTED STATES OF AMERICA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS 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 Taking Testimony or Evidence in the Requested State Article 9 Official Records Article 10 Appearance Outside the Requested State 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 16 bis Identification of Bank Information Article 16 ter Joint Investigative Teams Article 16 quater Video Conferencing Article 17 Compatibility with Other Treaties Article 18 Consultation Article 19 Termination 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: (
3. a)taking the testimony or statements of persons; (
4. b)providing documents, records, and other articles of evidence; (
5. c)locating or identifying persons or items; (
6. d)serving documents; (
7. e)transferring persons in custody for testimony or other purposes; (
8. f)executing requests for searches and seizures; (
9. g)assisting in proceedings related to immobilization and forfeiture of assets; restitution; collection of fines; and (
10. h)any other form of assistance not prohibited by the laws of the Requested State. 3. Assistance shall be provided without regard to whether the conduct that is the subject of the investigation, prosecution, or proceeding in the Requesting State would constitute an offense under the laws of the Requested State. 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. Except as otherwise provided in this Treaty, the authorities of the Contracting Parties shall seek and obtain assistance through their respective Central Authorities. The Central Authority for the United States shall be the Attorney General or such persons in the Department of Justice as the Attorney General designates. The Central Authority for the Republic of Lithuania shall be the Office of the Prosecutor General and the Ministry of Justice. 2. (
11. a)The Central Authority for the United States will make requests on behalf of prosecutors, investigators with criminal law enforcement jurisdiction, and agencies and entities with specific statutory or regulatory authority to refer matters for criminal prosecution. The Central Authority for the Republic of Lithuania will make requests on behalf of prosecutors and courts. (
12. b)Requests under subparagraph (
13. a)from agencies and entities with specific statutory or regulatory authority to refer matters for criminal prosecution shall be transmitted between the Central Authorities or between such other authorities as may be agreed by the Central Authorities. 3. The Central Authority for the Requesting State shall use its best efforts to ensure that a request is not made where, in its view: (
14. a)the offense on which the request is based does not have serious consequences; or (
15. b)the extent of the assistance to be requested is unreasonable in view of the sentence expected upon conviction. 4. The Central Authorities shall communicate with one another directly for the purposes of this Treaty. Article 3 Limitations on Assistance 1. The Central Authority of the Requested State may deny assistance if: (
16. a)the request relates to an offense under military criminal law that would not be an offense under ordinary criminal law; (
17. b)the request relates to a political offense; (
18. c)the execution of the request would prejudice the sovereignty, security, or similar essential interests of the Requested State; or (
19. d)the request is not made in substantial compliance with the requirements set forth in Article 4. 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. 3. If the Central Authority of the Requested State denies assistance, it shall inform the Central Authority of the Requesting State of the grounds for the denial. Article 4 Form and Contents of Requests 1. (
20. a)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 unless the Central Authority of the Requested State agrees otherwise. For purposes of this paragraph, requests transmitted by fax or e-mail shall be considered to be in writing. (
21. b)Communications related to requests for assistance may be made by expedited means of communications, including fax or e-mail, with formal confirmation to follow where required by the Requested State. The Requested State may respond by expedited means of communications. (
22. c)The request shall be in the language or translated into the language of the Requested State unless otherwise agreed. 2. The request shall include the following: (
23. a)the name of the authority conducting the investigation, prosecution, or proceeding to which the request relates; (
24. b)information describing the facts of the offenses and the procedural history of the case; (
25. c)the text of the laws describing the offenses for which assistance is requested; (
26. d)a description of the evidence, information, or other assistance sought; and (
27. e)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: (
28. a)information on the identity, citizenship, and location of any person from whom evidence is sought; (
29. b)information on the identity and location of a person to be served, that person’s relationship to the investigation, prosecution, or proceeding, and the manner in which service is to be made; (
30. c)information on the identity and suspected location of the person or item to be located; (
31. d)a precise description of the place or person to be searched and of the item to be seized; (
32. e)a description of the manner in which any testimony or statement is to be taken and recorded; (
33. f)a description of the testimony or statement sought, which may include a list of questions to be asked; (
34. g)a description of any particular procedure to be followed in executing the request; (
35. h)information as to the allowances and expenses to which a person asked to appear in the Requesting State will be entitled; and (
36. 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 subpoenas, search warrants, or other orders necessary to execute the request. 2. The Central Authority of the Requested State shall represent or make arrangements for representation of the Requesting State in the execution in the Requested State of a request for assistance. 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 contradicts or 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 to be 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 inquiries by the Central Authority of the Requesting State concerning 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 delayed or postponed, the Central Authority of the Requested State shall promptly inform the Central Authority of the Requesting State of the reasons for the delay or postponement. Article 6 Costs 1. The Requested State shall pay all costs relating to the execution of a request except for the following: (
37. a)the fees of experts; (
38. b)the costs of interpretation, translation and transcription; (
39. c)the allowances and expenses related to travel of persons traveling either in the Requested State for the convenience of the Requesting State or pursuant to Articles 10 and 11; and (
40. d)the costs associated with establishing and servicing a video transmission, to the extent set forth in Article 16 quater, unless otherwise agreed by the Requesting and Requested States; other costs arising in the course of providing such assistance (including costs associated with travel of participants in the Requested State) shall be borne in accordance with the other provisions of this Article. 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. Article 7 Limitations on Use 1. The Requested State may require that the Requesting State limit the use of any information or evidence obtained from the Requested State to the following purposes: (
41. a)for the purpose of its criminal investigations and proceedings; (
42. b)for preventing an immediate and serious threat to its public security; (
43. c)in its non-criminal judicial or administrative proceedings directly related to investigations or proceedings: (
44. i)set forth in subparagraph (a); or (
45. ii)for which mutual legal assistance was rendered to agencies or entities with specific statutory or regulatory authority to refer matters for criminal prosecution under Article 2

(2)of this Treaty; (

1. d)for any other purpose, if the information or evidence has been made public within the framework of proceedings for which they were transmitted, or in any of the situations described in subparagraphs (a), (
2. b)and (c); and (
3. e)for any other purpose, only with the prior consent of the Requested State. 2. (
4. a)This Article shall not prejudice the ability of the Requested State in accordance with this Treaty to impose additional conditions in a particular case where the particular request for assistance could not be complied with in the absence of such conditions. Where additional conditions have been imposed in accordance with this subparagraph, the Requested State may require the Requesting State to give information on the use made of the information or evidence. (
5. b)Generic restrictions with respect to the legal standards of the Requesting State for processing personal data may not be imposed by the Requested State as a condition under subparagraph (
6. a)to providing information or evidence. 3. Where, following disclosure to the Requesting State, the Requested State becomes aware of circumstances that may cause it to seek an additional condition in a particular case, the Requested State may consult with the Requesting State to determine the extent to which the evidence and information can be protected. 4. 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 that 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. 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, to appear and testify or produce items, including documents, records, and other articles of evidence. A person who gives false testimony, either orally or in writing, in execution of a request shall be subject to prosecution in the Requested State in accordance with the criminal laws of that 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. The Requested State shall permit the presence of such persons as specified in the request during the execution of the request, and shall allow such persons to question, directly or indirectly, 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 Central Authorities shall consult. If the Central Authority of the Requesting State so requests, the testimony or evidence shall nonetheless be taken and the claim shall be referred to the competent authorities of the Requesting State for resolution. 5. Evidence produced in the Requested State pursuant to this Article or that is the subject of testimony taken under this Article shall, upon request, 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 shall, 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 as proof of the truth of the matters set forth therein. Article 9 Official Records 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 an executive, legislative, or judicial authority in the Requested State. 2. The Requested State may provide copies of any records, including documents or information in any form, that are in the possession of an executive, legislative, or judicial authority 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 shall, upon request, be authenticated by an official responsible for maintaining them through the use of Form C appended to this Treaty. The absence or nonexistence of such records shall, upon request, be certified through the use of Form D appended to this Treaty. 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 as proof of the truth of the matters set forth therein. Article 10 Appearance Outside the Requested State 1. When the Requesting State requests the appearance of a person in that State or in a third State, the Requested State shall invite the person to appear before the appropriate authority in the Requesting State or in the third State. The Central Authority of the Requested State shall promptly inform the Central Authority of the Requesting State of the person’s response. 2. The Requesting State shall indicate the extent to which the person’s expenses will be paid. A person who agrees to appear may ask that the Requesting State advance money to cover these expenses. This advance may be provided through the Embassy or a consulate of the Requesting State. 3. 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 the person’s departure from the Requested State. 4. The safe conduct provided for by this Article shall cease seven days after a competent authority of the Requesting State has notified a person appearing pursuant to this Treaty that the person’s presence is no longer required, and that person, being free to leave, has not left or, having left, has voluntarily returned. Article 11 Transfer of Persons in Custody 1. A person in the custody of the Requested State whose presence in the Requesting State or in a third State is sought for purposes of assistance under this Treaty shall be transferred from the Requested State to the Requesting State or to the third State for that purpose if the person consents and if the Central Authorities of both States agree. 2. A person in the custody of the Requesting State whose presence in the Requested State is sought for purposes of assistance under this Treaty may be transferred from the Requesting State to the Requested State if the person consents and if the Central Authorities of both States agree. 3. For purposes of this Article: (
7. a)the receiving State shall have the authority and the obligation to keep the person transferred in custody unless otherwise agreed by both Central Authorities; (
8. b)the person transferred shall not be required, without his consent, to testify in proceedings not specified in the request; (
9. c)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; (
10. d)the receiving State shall not require the sending State to initiate extradition or any other proceedings for the return of the person transferred; (
11. e)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; and (
12. f)where the receiving State is a third state, the Requesting State shall make all arrangements necessary to meet the requirements of this paragraph. 4. The Central Authority of the receiving State may provide safe conduct for the person transferred under the same terms set forth in Article 10, subject to the conditions set forth in paragraph 3 of this Article. 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. Article 14 Search and Seizure 1. The Requested State shall execute a request for the search, seizure, and transfer 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. The certificates shall be admissible in evidence in the Requesting State as proof of the truth of the matters set forth therein. 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. 4. The Central Authority of the Requested State shall use its best efforts to obtain any necessary approval for the transfer of items where such approval is required under the laws of that State concerning import, export, or other transfer of items. Article 15 Return of items The Central Authority of the Requested State may require that the Central Authority of the Requesting State return as soon as possible any items, including documents, records, or other articles of evidence, furnished to it in execution of a request under this Treaty. Article 16 Assistance in Forfeiture Proceedings 1. The Central Authority of either Contracting Party may notify the Central Authority of the other Contracting Party when it becomes aware of proceeds or instrumentalities of offenses that are located in the other Party and may be forfeitable or otherwise subject to seizure under the laws of that Party. If the 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 Party that received the information shall inform the Central Authority of the 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 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 Party, to the extent permitted by the transferring Party’s laws and upon such terms as it deems appropriate. Article 16 bis Identification of Bank Information 1. (
13. a)Upon request of the Requesting State, the Requested State shall, in accordance with the terms of this Article, promptly ascertain if the banks located in its territory possess information on whether an identified natural or legal person suspected of or charged with a criminal offense is the holder of a bank account or accounts. The Requested State shall promptly communicate the results of its enquiries to the Requesting State. (
14. b)The actions described in subparagraph (
15. a)may also be taken for the purpose of identifying: (
16. i)information regarding natural or legal persons convicted of or otherwise involved in a criminal offense; (
17. ii)information in the possession of non-bank financial institutions; or (iii) financial transactions unrelated to accounts. 2. In addition to the requirements of Article 4

(2)of this Treaty, a request for information described in paragraph 1 shall include: (

1. a)the identity of the natural or legal person relevant to locating such accounts or transactions; (
2. b)sufficient information to enable the competent authority of the Requested State to: (
3. i)reasonably suspect that the natural or legal person concerned has engaged in a criminal offense and that banks or non-bank financial institutions in the territory of the Requested State may have the information requested; and (
4. ii)conclude that the information sought relates to the criminal investigation or proceeding; and (
5. c)to the extent possible, information concerning which bank or non-bank financial institution may be involved, and other information the availability of which may aid in reducing the breadth of the enquiry. 3. Unless subsequently modified by exchange of diplomatic notes between the European Union and the United States of America, requests for assistance under this Article shall be transmitted between: (
6. a)for the Republic of Lithuania, the Office of the Prosecutor General, and (
7. b)for the United States of America, the attaché responsible for the Republic of Lithuania of the:
8. i)U.S. Department of Justice, Drug Enforcement Administration, with respect to matters within its jurisdiction;
9. ii)U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement, with respect to matters within its jurisdiction; iii) U.S. Department of Justice, Federal Bureau of Investigation, with respect to all other matters. 4. The Republic of Lithuania and the United States of America shall provide assistance under this Article with respect to money laundering and terrorist activity punishable under the laws of both the Requesting and Requested States, and with respect to such other criminal activity as they may notify each other. 5. The Requested State shall respond to a request for production of the records concerning the accounts or transactions identified pursuant to this Article in accordance with the provisions of this Treaty. Article 16 ter Joint Investigative Teams 1. Joint investigative teams may be established and operated in the respective territories of the Republic of Lithuania and the United States of America, for the purpose of facilitating criminal investigations or prosecutions involving the United States of America and one or more Member States of the European Union where deemed appropriate by the Republic of Lithuania and the United States of America. 2. The procedures under which the team is to operate, such as its composition, duration, location, organization, functions, purpose, and terms of participation of team members of a State in investigative activities taking place in another State’s territory shall be as agreed between the competent authorities responsible for the investigation or prosecution of criminal offenses, as determined by the respective States concerned. 3. The competent authorities determined by the respective States concerned shall communicate directly for the purposes of the establishment and operation of such team except that where the exceptional complexity, broad scope, or other circumstances involved are deemed to require more central coordination as to some or all aspects, the States may agree upon other appropriate channels of communications to that end. 4. Where the joint investigative team needs investigative measures to be taken in one of the States setting up the team, a member of the team of that State may request its own competent authorities to take those measures without the other State(
10. s)having to submit a request for mutual legal assistance. The required legal standard for obtaining the measure in that State shall be the standard applicable to its domestic investigative activities. Article 16 quater Video Conferencing 1. The use of video transmission technology shall be available between the Republic of Lithuania and the United States of America for taking testimony in a proceeding for which mutual legal assistance is available of a witness or expert located in the Requested State. To the extent not specifically set forth in this Article, the modalities governing such procedure shall be as otherwise provided under this Treaty. 2. The Requesting and Requested States may consult in order to facilitate resolution of legal, technical or logistical issues that may arise in the execution of the request. 3. Without prejudice to any jurisdiction under the law of the Requesting State, making an intentionally false statement or other misconduct of the witness or expert during the course of the video conference shall be punishable in the Requested State in the same manner as if it had been committed in the course of its domestic proceedings. 4. This Article is without prejudice to the use of other means for obtaining of testimony in the Requested State available under applicable treaty or law. 5. The Requested State may permit the use of video conferencing technology for purposes other than those described in paragraph 1 of this Article, including for purposes of identification of persons or objects, or taking of investigative statements. 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 Parties may also provide assistance pursuant to any bilateral arrangement, agreement, or practice that may be applicable. 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 Termination 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. Form A CERTIFICATION OF BUSINESS RECORDS I, (name), having been advised as a witness that a false attestation subjects me to a penalty of criminal punishment, attest as follows: I am employed by/associated with (name of business from which documents are sought), in the position of (business position or title) and by reason of my position am authorized and qualified to make this attestation. Each of the records attached hereto is a record in the custody of the above-named business that: (A) was made, at or near the time of the occurrence of the matters set forth therein, by, or from information transmitted by, a person with knowledge of those matters; (B) was kept in the course of a regularly conducted business activity; (C) was made by the business as a regular practice; and, (D) if not an original record, is a duplicate of the original. __________________ date of execution __________________ place of execution __________________ signature Form B CERTIFICATION OF ABSENCE OR NONEXISTENCE OF BUSINESS RECORDS I, (name), having been advised as a witness that a false attestation subjects me to a penalty of criminal punishment, attest as follows: I am employed by/associated with (name of business from which documents are sought), in the position of (business position or title) and by reason of my position am authorized and qualified to make this attestation. As a result of my employment/association 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 therein 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. __________________ date of execution __________________ place of execution __________________ signature Form C CERTIFICATION OF OFFICIAL RECORDS I, (name), certify as follows: 1. (Name of public authority) is a government office or agency of (country) and is authorized by law to maintain official records setting forth matters authorized by law to be reported and recorded or filed; 2. my position with the above-named public authority is (official title); 3. in my official capacity I have caused the production of true and accurate copies of records maintained by that public authority; and 4. those copies are described below and attached. Description of records: __________________ signature (Official Seal or Stamp) __________________ date Form D CERTIFICATION OF ABSENCE OR NONEXISTENCE OF OFFICIAL RECORDS I, (name), certify as follows: 1. (Name of public authority) is a government office or agency of (country) and is authorized by law to maintain official records setting forth matters that are authorized by law to be reported and recorded or filed; 2. records of the type described below set forth matters that are authorized by law to be reported and recorded or filed, and such matters regularly are recorded or filed by the above-named public authority; 3. my position with the above-named public authority is (official title); 4. in my official capacity I have made, or caused to be made, a diligent search of the above-named public authority’s records for the records described below; and 5. no such records have been found to exist. Description of records: __________________ signature (Official Seal or Stamp) __________________ date Form E CERTIFICATION WITH RESPECT TO SEIZED ITEMS I, (name), having been advised as a witness that a false attestation subjects me to a penalty of criminal punishment, attest as follows: 1. I am employed by (country) and my position or title is (position or title); 2. I received custody of the items listed below from (name of person) on (date) at (place); and 3. I relinquished custody of the items listed below to (name of person) on (date) at (place) in the same condition as when I received them (or, if different, as noted below). Description of items: Changes in condition while in my custody: __________________ date of execution __________________ place of execution (Official Seal or Stamp) __________________ signature