§3506 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

If a U.S. citizen or resident files or sends a legal paper to a foreign court to oppose a U.S. court’s request for evidence, they must give a copy to the U.S. Attorney General when they file it. If the person is involved in a criminal case in a U.S. court and the foreign filing opposes a request about that same case, they must instead give a copy to the proper U.S. prosecutor under the Federal Rules of Criminal Procedure when they file it. “Official request” means a letter rogatory, a request under a treaty or convention, or any other request by a U.S. court or U.S. law enforcement authority asking a foreign court or authority for evidence.

Title 18, §3506

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) of this section, any national or resident of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense shall serve such pleading or other document on the Attorney General at the time such pleading or other document is submitted.

(b)Any person who is a party to a criminal proceeding in a court of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense that is a subject of such proceeding shall serve such pleading or other document on the appropriate attorney for the Government, pursuant to the Federal Rules of Criminal Procedure, at the time such pleading or other document is submitted.

(c)As used in this section, the term “official request” means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 30 days after Oct. 12, 1984, see section 1220 of Pub. L. 98–473, set out as a note under section 3505 of this title.

§3506 Service of papers filed in opposition to official request by United States to foreign government for criminal evidence

Summary

Title 18, §3506

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata