§3505 Foreign records of regularly conducted ac­tivity

Summary

Allows foreign business records from another country to be used as evidence in federal criminal trials if a written certification from the foreign record keeper says they meet certain rules. The record must have been made at or near the time of the event by someone who knew the facts (or from their information), kept as part of the business’s regular records, made routinely by that business, and if it is a copy it must match the original. The foreign certification makes the record authentic. A party who plans to use such a record must give written notice at arraignment or soon after. The other side must ask the judge to bar the record before trial or they lose the right to object, unless the judge allows a late challenge for good reason. Definitions: foreign record of regularly conducted activity — a memo, report, file, or data kept in another country about business events or matters. foreign certification — a signed written statement from the record keeper or another qualified person in that country, where lying on it would be a crime there. business — any business, institution, profession, or occupation, for profit or not.