§3494 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Certify a foreign document as genuine under the consular officer’s seal if, after all testimony, the officer believes the document is real. The certificate must say the officer is not disqualified under section 3492. Then mail the document, the testimony record, and the executed commission to the clerk of the issuing court. The clerk must open them, let the parties in the criminal case inspect them, and give copies free.

Title 18, §3494

Crimes and Criminal Procedure — Source: USLM XML via OLRC

If the consular officer executing any commission authorized under section 3492 of this title shall be satisfied, upon all the testimony taken, that a foreign document is genuine, he shall certify such document to be genuine under the seal of his office. Such certification shall include a statement that he is not subject to disqualification under the provisions of section 3492 of this title. He shall thereupon transmit, by mail, such foreign documents, together with the record of all testimony taken and the commission which has been executed, to the clerk of the court from which such commission issued, in the manner in which his official dispatches are transmitted to the Government. The clerk receiving any executed commission shall open it and shall make any foreign documents and record of testimony, transmitted with such commission, available for inspection by the parties to the criminal action or proceeding in which such documents are to be used, and said parties shall be furnished copies of such documents free of charge.

Historical and Revision Notes

Based on section 695d of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, § 5, 49 Stat. 1563).

§3494 Certification of genuineness of foreign document

Summary

Title 18, §3494

Notes & Related Subsidiaries

Historical and Revision Notes

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