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Actually we have a treaty with Ukraine on this where we are supposed to share information on each other's citizens who commit criminal activity in each other's country.Text - Treaty Document 106-16 - Treaty with Ukraine on Mutual Legal Assistance in Criminal Matters U.S. GOVERNMENT PRINTING OFFICE 79-118 WASHINGTON : 1999    LETTER OF TRANSMITTAL   ----------    The White House, November 10, 1999. To the Senate of the United States:  With a view to receiving the advice and consent of the  Senate to ratification, I transmit herewith the Treaty Between  the United States of America and Ukraine on Mutual Legal  Assistance in Criminal Matters with Annex, signed at Kiev on  July 22, 1998. I transmit also, for the information of the  Senate, an exchange of notes which was signed on September 30,  1999, which provides for its provisional application, as well  as the report of the Department of State with respect to the  Treaty.  The Treaty is one of a series of modern mutual legal  assistance treaties being negotiated by the United States in  order to counter criminal activities more effectively. The  Treaty should be an effective tool to assist in the prosecution  of a wide variety of crimes, including drug trafficking  offenses. The Treaty is self-executing. It provides for a broad  range of cooperation in criminal matters. Mutual assistance  available under the Treaty includes: taking of testimony or  statements of persons; providing documents, records, and  articles of evidence; serving documents; locating or  identifying persons; transferring persons in custody for  testimony or other purposes; executing requests for searches  and seizures; assisting in proceedings related to restraint,  confiscation, forfeiture of assets, restitution, and collection  of fines; and any other form of assistance not prohibited by  the laws of the requested state.  I recommend that the Senate give early and favorable  consideration to the Treaty and give its advice and consent to  ratification.   William J. Clinton.  LETTER OF SUBMITTAL   ----------      Department of State,  Washington, October 19, 1999. The President, The White House.  The President: I have the honor to submit to you the Treaty  Between the United States of America and Ukraine on Mutual  Legal Assistance in Criminal Matters with Annex (``the  Treaty''), signed at Kiev on July 22, 1998. I recommend that  the Treaty be transmitted to the Senate for its advice and  consent to ratification.  Also enclosed, for the information of the Senate, is an  exchange of notes under which the Treaty is being provisionally  applied to the extent possible under our respective domestic  laws, in order to provide a basis for immediate mutual  assistance in criminal matters. Provisional application would  cease upon entry into force of the Treaty.  The Treaty covers mutual legal assistance in criminal  matters. In recent years, similar bilateral treaties have  entered into force with a number of other countries. The Treaty  with Ukraine contains all essential provisions sought by the  United States. It will enhance our ability to investigate and  prosecute a range of offenses. The Treaty is designed to be  self-executing and will not require new legislation.  Article 1 sets forth a non-exclusive list of the major  types of assistance to be provided under the Treaty, including  taking the testimony or statements of persons; providing  documents, records and other items of evidence; locating or  identifying persons or items; serving documents; transferring  persons in custody for testimony or other purposes; executing  requests for searches and seizures; assisting in proceedings  related to immobilization and forfeiture of assets,  restitution, and collection of fines; and, rendering any other  form of assistance not prohibited by the laws of the Requested  State. The scope of the Treaty includes not only criminal  offenses, but also proceedings related to criminal matters,  which may be civil or administrative in nature.  Article 1(3) states that assistance shall be provided  without regard to whether the conduct involved would constitute  an offense under the laws of the Requested State.  Article 1(4) states explicitly that the Treaty is not  intended to create rights in private parties to obtain,  suppress, or exclude any evidence, or to impede the execution  of a request.  Article 2 provides for the establishment of Central  Authorities and defines Central Authorities for purposes of the  Treaty. For the United States, the Central Authority shall be  the Attorney General or a person designated by the Attorney  General. For Ukraine, the Central Authority shall be the  Ministry of Justice and the Office of the Prosecutor General.  The article provides that the Central Authorities shall  communicate directly with one another for the purposes of the  Treaty.  Article 3 sets forth the circumstances under which a  Requested State's Central Authority may deny assistance under  the Treaty. A request may be denied if it relates to a military  offense that would not be an offense under ordinary criminal  law. A further ground for denial is that the request relates to  a political offense (a term expected to be defined on the basis  of that term's usage in extradition treaties). In addition, a  request may be denied if its execution would prejudice the  security or similar essential interests of the Requested State,  or if it is not made in conformity with the Treaty.  Before denying assistance under Article 3, the Central  Authority of the Requested State is required to consult with  its counterpart in the Requesting State to consider whether  assistance can be given subject to such conditions as the  Central Authority of the RequestedState deems necessary. If the  Requesting State accepts assistance subject to these conditions, it is  required to comply with the conditions. If the Central Authority of the  Requested State denies assistance, it is required to inform the Central  Authority of the Requesting State of the reasons for the denial.  Article 4 prescribes the form and content of written  requests under the Treaty, specifying in detail the information  required in each request. The article permits other forms of  requests in emergency situations but requires written  confirmation within ten days thereafter unless the Central  Authority of the Requested State agrees otherwise.  Article 5 requires the Central Authority of the Requested  State to execute the request promptly or to transmit it to the  authority having jurisdiction to do so. It provides that the  competent authorities of the Requested State shall do  everything in their power to execute a request, and that the  courts or other competent authorities of the Requested State  shall have authority to issue subpoenas, search and arrest  warrants, or other orders necessary to execute the request. The  Central Authority of the Requested State must make all  arrangements for representation of the Requesting State in any  proceedings arising out of an assistance request.  Under Article 5(3), requests are to be executed in  accordance with the laws of the Requested State except to the  extent that the Treaty provides otherwise. However, the method  of execution specified in the request is to be followed except  insofar as it is prohibited by the laws of the Requested State.  Article 5(4) provides that if the Central Authority of the  Requested State determines that execution of the request would  interfere with an ongoing criminal investigation, prosecution,  or proceeding in that State, it may postpone execution or,  after consulting with the Central Authority of the Requesting  State, impose conditions on execution. If the Requesting State  accepts assistance subject to the conditions, it shall comply  with such conditions.  Article 5(5) further requires the Requested State, if so  requested, to use its best efforts to keep confidential a  request and its contents, and to inform the Requesting State's  Central Authority if the request cannot be executed without  breaching confidentiality. This provides the Requesting State  an opportunity to decide whether to pursue the request or to  withdraw it in order to maintain confidentiality.  This article additionally requires the Requested State's  Central Authority to respond to reasonable inquiries by the  Requesting State's Central Authority regarding the status of  the execution of a particular request; to report promptly to  the Requesting State's Central Authority the outcome of its  execution; and, if the request is denied, to inform the  Requesting State's Central Authority of the reasons for the  denial.  Article 6 apportions between the two States the costs  incurred in executing a request. It provides that the Request  State shall pay all costs, except for the following items to be  paid by the Requesting State: fees of expert witnesses, costs  of interpretation, translation and transcription, and  allowances and expenses related to travel of persons pursuant  to Articles 10 and 11. If during the execution of the request,  it becomes apparent that extraordinary expenses will be  entailed, the Central Authorities shall consult to determine  the terms and conditions under which execution may continue.  Article 7 requires the Requesting State to comply with any  request by the Central Authority of the Requested State that  information or evidence obtained under the Treaty not be used  for proceedings other than those described in the request  without its priorconsent. Further, if the Requested State's  Central Authority asks that information or evidence furnished under  this Treaty be kept confidential or be used in accordance with  specified conditions, the Requesting State must use its best efforts to  comply with the conditions. Once information is made public in the  Requesting State in accordance with either or these provisions, no  further limitations on use apply. Nothing in the article prevents the  use or disclosure of information to the extent that there is an  obligation to do so under the Constitution of the Requesting State in a  criminal prosecution. The Requesting State is obliged to notify the  Requesting State in advance of any such proposed use or disclosure.  Article 8 provides that a person in the Requesting State  from whom testimony or evidence is requested pursuant to the  Treaty shall be compelled, if necessary, to appear and testify  or produce items, documents and records. The article requires  the Central Authority of the Requested State, upon request, to  furnish information in advance about the date and place of the  taking of testimony or evidence pursuant to this Article.  Article 8(3) further requires the Requested State to permit  the presence of persons specified in the request and to permit  them to question the person giving the testimony or evidence.  In the event that a person whose testimony or evidence is being  taken asserts a claim of immunity, incapacity, or privilege  under the laws of the Requesting State, Article 8(4) provides  that the testimony or evidence shall be taken and the claim  made known by written notification to the Central Authority of  the Requesting State for resolution by its competent  authorities. Finally, in order to ensure admissibility of  evidence in the Requesting State, Article 8(5) provides a  mechanism for authenticating evidence that is produced pursuant  to or that is the subject of testimony taken in the Requested  State.  Article 9 requires that the Requested State provide the  Requesting State with copies of publicly available records in  the possession of government departments and agencies in the  Requesting State. The Requested State may further provide  copies of any documents, records or information in the  possession of a government department or agency, but not  publicly available, to the same extent and under the same  conditions as it would provide them to its own law enforcement  or judicial authorities. The Requested State has the discretion  to refuse to execute, entirely or in part, such requests for  records not publicly available. Article 9(3) provides that  records produced pursuant to this Article shall, upon request,  be certified by the appropriate form attached to the request.  Article 9(3) also provides that no further authentication shall  be necessary for admissibility into evidence in the Requesting  State of official records pursuant to this Article.  Article 10 provides a mechanism for the Requesting State to  invite the voluntary appearance in its territory of a person  located in the Requested State shall indicate the extent to  which the expenses will be paid. It also states that the  Central Authority of the Requesting State has discretion to  determine that a person appearing in the Requesting State  pursuant to this Article shall not be subject to service of  process or be detained or subjected to any restriction of  personal liberty by reason of any acts or convictions that  preceded his departure from the Requested State. Any safe  conduct provided for by this article ceases 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 returns to it.  Article 11 provides for temporary transfer of a person in  custody in the Requested State or in a third State to the  Requesting State for purposes of assistance under the Treaty  (for example, a witness incarcerated in the Requested State may  be transferred to have his deposition taken in the presence of  the defendant), provided that the person in question and the  Central Authorities of both States agree. The article also  provides for voluntary transfer of a person in the custody of  the Requesting State to the Requested State for purposes of  assistance under the Treaty (for example, a defendant in the  Requesting State may be transferred for purposes of attending a  witness deposition in the Requesting State), if the person  consents and if the Central Authorities of both States agree.  Article 11(3) further establishes both the express  authority and the obligation of the receiving State to maintain  the person transferred in custody unless otherwise agreed by  both Central Authorities. The return of the person transferred  is subject to terms and conditions agreed to by the Central  Authorities, and the sending State is not required to initiate  extradition proceedings for return of the person transferred.  The person transferred receives credit for time served in the  custody of the receiving State.  Article 12 establishes the authority of the Requested State  to authorize transit through its territory of a person held in  custody by a third State whose appearance has been requested by  the Requesting State. The Requested State further has the  authority and the obligation to keep the person in custody  during transit. The Parties retain discretion to refuse to  grant transit of their own nationals, however.  Article 13 requires the Requested State to use its best  efforts to ascertain the location or identity of persons or  items specified in a request.  Article 14 obligates the Requested State to use its best  efforts to effect service of any document relating, in whole or  in part, to any request for assistance under the Treaty. A  request for the service of a document requiring a person to  appear in the Requesting State must be transmitted a reasonable  time before the scheduled appearance. Proof of service is to be  provided in the manner specified in the request.  Article 15 obligates the Requested State to execute  requests for search, seizure, and delivery of any item to the  Requesting State if the request includes the information  justifying such action under the laws of theappropriate. The  Central Authority of the State receiving such information is required  to inform the Central Authority that provided the information of any  action taken.  Article 17 also obligates the Contracting States to assist  each other to the extent permitted by their respective laws in  proceedings relating to forfeiture of the proceeds and  instrumentalities of offenses, restitution to victims of crime,  and collection of fines imposed as sentences in criminal  prosecutions. This may include action to temporarily immobilize  the proceeds or instrumentalities pending further proceedings.  The Contracting State having custody over proceeds or  instrumentalities of offenses is required to dispose of them in  accordance with its laws. Either Contracting State may transfer  all or part of such assets, or the proceeds of their sale, to  the extent permitted by the transferring State's laws and upon  such terms as it deems appropriate.  Article 18 states that assistance and procedures provided  in the Treaty shall not prevent either Contracting State from  granting assistance to the other Contracting State through the  provisions of other applicable international agreements or  through the provisions of its national law. The Contracting  States may also provide assistance pursuant to any bilateral  arrangement, agreement, or practice which may be applicable.  Article 19 provides that the Central Authorities of the  Contracting States shall consult, at times mutually agreed, to  promote the most effective use of the Treaty, and may agree  upon such practical measures as may be necessary to facilitate  the Treaty's implementation.  Article 20 provides that the Treaty is subject to  ratification and the instruments shall be exchanged at  Washington as soon as possible. The Treaty enters into force  upon the exchange of instruments of ratification. Article 20  further provides that either Contracting State may terminate  the Treaty by written notice to the other Contracting State,  with termination to be effective six months following the date  of notification.  A Technical Analysis explaining in detail the provisions of  the Treaty is being prepared by the United States negotiating  delegation, consisting of representatives from the Departments  of Justice and State, and will be transmitted separately to the  Senate Committee on Foreign Relations.  The Department of Justice joins the Department of State in  favoring approval of this Treaty by the Senate as soon as  possible.  Respectfully submitted,  Strobe Talbott.     Site ContentLegislationCongressional RecordCongressional Record IndexMembersCommitteesCommittee ReportsNominationsTreaty DocumentsHouse CommunicationsSenate CommunicationsLegislative ProcessAbout Congress.govHelpHelp | Feedback | Contact UsGlossarySearch ToolsAsk a Law LibrarianWebinarsWays to ConnectTwitterYouTubeVideoRSS & Email AlertsBlog – In Custodia Legis: Law Librarians of CongressResourcesCongress.gov ResourcesCRS ReportsU.S. CodeGPO govinfoLaw Library of CongressGuide to Law OnlineTeacher Lesson PlansState Legislature WebsitesBill Status Bulk DataRoll Call VotesConstitution AnnotatedLaw Library ReportsHouse LinksHouse.govFloor ActivitiesRepresentativesCommitteesHearings (Video)Bills to Be ConsideredLeadershipHistory, Art & ArchivesMore House ResourcesSenate LinksSenate.govOn the Senate FloorSenatorsCommitteesHearings (Schedule)LeadershipHistory, Art & StatisticsMore Senate ResourcesLegalAccessibilityHelpContact UsExternal Link DisclaimerUSA.gov