§ 3505. — Foreign records of regularly conducted activity.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3505]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 223--WITNESSES AND EVIDENCE
Sec. 3505. Foreign records of regularly conducted activity
(a)(1) In a criminal proceeding in a court of the United States, a
foreign record of regularly conducted activity, or a copy of such
record, shall not be excluded as evidence by the hearsay rule if a
foreign certification attests that--
(A) such record was made, at or near the time of the occurrence
of the matters set forth, by (or from information transmitted by) a
person with knowledge of those matters;
(B) such record was kept in the course of a regularly conducted
business activity;
(C) the business activity made such a record as a regular
practice; and
(D) if such record is not the original, such record is a
duplicate of the original;
unless the source of information or the method or circumstances of
preparation indicate lack of trustworthiness.
(2) A foreign certification under this section shall authenticate
such record or duplicate.
(b) At the arraignment or as soon after the arraignment as
practicable, a party intending to offer in evidence under this section a
foreign record of regularly conducted activity shall provide written
notice of that intention to each other party. A motion opposing
admission in evidence of such record shall be made by the opposing party
and determined by the court before trial. Failure by a party to file
such motion before trial shall constitute a waiver of objection to such
record or duplicate, but the court for cause shown may grant relief from
the waiver.
(c) As used in this section, the term--
(1) ``foreign record of regularly conducted activity'' means a
memorandum, report, record, or data compilation, in any form, of
acts, events, conditions, opinions, or diagnoses, maintained in a
foreign country;
(2) ``foreign certification'' means a written declaration made
and signed in a foreign country by the custodian of a foreign record
of regularly conducted activity or another qualified person that, if
falsely made, would subject the maker to criminal penalty under the
laws of that country; and
(3) ``business'' includes business, institution, association,
profession, occupation, and calling of every kind, whether or not
conducted for profit.
(Added Pub. L. 98-473, title II, Sec. 1217(a), Oct. 12, 1984, 98 Stat.
2165.)
Effective Date
Section 1220 of part K (Secs. 1217-1220) of chapter XII of title II
of Pub. L. 98-473 provided that: ``This part and the amendments made by
this part [enacting this section and sections 3292, 3506, and 3507 of
this title and amending section 3161 of this title] shall take effect
thirty days after the date of the enactment of this Act [Oct. 12,
1984].''
