§ 3492. — Commission to consular officers to authenticate foreign documents.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3492]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 223--WITNESSES AND EVIDENCE
Sec. 3492. Commission to consular officers to authenticate
foreign documents
(a) The testimony of any witness in a foreign country may be taken
either on oral or written interrogatories, or on interrogatories partly
oral and partly written, pursuant to a commission issued, as hereinafter
provided, for the purpose of determining whether any foreign documents
sought to be used in any criminal action or proceeding in any court of
the United States are genuine, and whether the authentication
requirements of the Federal Rules of Evidence are satisfied with respect
to any such document (or the original thereof in case such document is a
copy). Application for the issuance of a commission for such purpose may
be made to the court in which such action or proceeding is pending by
the United States or any other party thereto, after five days' notice in
writing by the applicant party, or his attorney, to the opposite party,
or his attorney of record, which notice shall state the names and
addresses of witnesses whose testimony is to be taken and the time when
it is desired to take such testimony. In granting such application the
court shall issue a commission for the purpose of taking the testimony
sought by the applicant addressed to any consular officer of the United
States conveniently located for the purpose. In cases of testimony taken
on oral or partly oral interrogatories, the court shall make provisions
in the commission for the selection as hereinafter provided of foreign
counsel to represent each party (except the United States) to the
criminal action or proceeding in which the foreign documents in question
are to be used, unless such party has, prior to the issuance of the
commission, notified the court that he does not desire the selection of
foreign counsel to represent him at the time of taking of such
testimony. In cases of testimony taken on written interrogatories, such
provision shall be made only upon the request of any such party prior to
the issuance of such commission. Selection of foreign counsel shall be
made by the party whom such foreign counsel is to represent within ten
days prior to the taking of testimony or by the court from which the
commission issued, upon the request of such party made within such time.
(b) Any consular officer to whom a commission is addressed to take
testimony, who is interested in the outcome of the criminal action or
proceeding in which the foreign documents in question are to be used or
has participated in the prosecution of such action or proceeding,
whether by investigations, preparation of evidence, or otherwise, may be
disqualified on his own motion or on that of the United States or any
other party to such criminal action or proceeding made to the court from
which the commission issued at any time prior to the execution thereof.
If after notice and hearing, the court grants the motion, it shall
instruct the consular officer thus disqualified to send the commission
to any other consular officer of the United States named by the court,
and such other officer shall execute the commission according to its
terms and shall for all purposes be deemed the officer to whom the
commission is addressed.
(c) The provisions of this section and sections 3493-3496 of this
title applicable to consular officers shall be applicable to diplomatic
officers pursuant to such regulations as may be prescribed by the
President. For purposes of this section and sections 3493 through 3496
of this title, the term ``consular officers'' includes any United States
citizen who is designated to perform notarial functions pursuant to
section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).
(June 25, 1948, ch. 645, 62 Stat. 834; May 24, 1949, ch. 139, Sec. 53,
63 Stat. 96; Pub. L. 94-149, Sec. 4, Dec. 12, 1975, 89 Stat. 806; Pub.
L. 105-277, div. G, subdiv. B, title XXII, Sec. 2222(c)(2), Oct. 21,
1998, 112 Stat. 2681-818.)
Historical and Revision Notes
1948 Act
Based on section 695b of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (June 20, 1936, ch. 640, Sec. 3, 49 Stat. 1562).
1949 Act
This section [section 53] corrects section 3492(a) of title 18,
U.S.C., so that the reference in the first sentence thereof will be to
the correct section number in title 28, U.S.C., as revised and enacted
in 1948.
References in Text
The Federal Rules of Evidence, referred to in subsec. (a), are set
out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
1998--Subsec. (c). Pub. L. 105-277 inserted at end ``For purposes of
this section and sections 3493 through 3496 of this title, the term
`consular officers' includes any United States citizen who is designated
to perform notarial functions pursuant to section 1750 of the Revised
Statutes, as amended (22 U.S.C. 4221).''
1975--Subsec. (a). Pub. L. 94-149 substituted ``the authentication
requirements of the Federal Rules of Evidence'' for ``the requirements
of section 1732 of Title 28''.
1949--Subsec. (a). Act May 24, 1949, substituted ``section 1732''
for ``section 695''.
Section Referred to in Other Sections
This section is referred to in sections 3491, 3493, 3494, 3495, 3496
of this title.
