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Treaty between the Government of Canada and the Government of the State of Israel on Mutual Legal Assistance in Criminal Matters [2000] CATSer 5 (16 March 2000)

E103321 - CTS 2000 No. 6

TREATY BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE STATE OF ISRAEL ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE STATE OF ISRAEL, (hereinafter referred to as the "Contracting Parties"),

DESIRING to improve the effectiveness of both countries in the investigation, prosecution and suppression of crime through cooperation and mutual assistance in criminal matters,

HAVE AGREED as follows:

ARTICLE 1

Scope of Assistance

1. The Contracting Parties shall, in accordance with this Treaty, grant each other the widest measure of mutual assistance in criminal matters.

2. Mutual assistance for the purpose of Paragraph 1 shall be any assistance, as defined in Paragraph 4, given by the Requested State in respect of investigations or proceedings in the Requesting State in a criminal matter.

3. Criminal matters for the purpose of Paragraph 1 mean, for Canada, investigations or proceedings relating to any offenses created by a law of Parliament or by the, legislature of a province, and, for the State of Israel, investigations and proceedings relating to criminal offenses under the law of Israel.

4. Assistance shall include:

(a) locating persons and objects, including their identification;

(b) serving documents, including documents seeking the attendance of persons;

(c) providing information, documents and other records, including criminal records, judicial records and government records;

(d) delivering property, including lending of exhibits;

(e) taking evidence and obtaining statements of persons;

(f) executing requests for search and seizure;

(g) transferring detained persons and making other persons available to give evidence or assist investigations;

(h) taking measures to locate, restrain and forfeit the proceeds of crime; and

(i) providing other assistance consistent with the objects of this Treaty and not prohibited by the law of the Requested State.

ARTICLE 2

Execution of Requests

1. Requests for assistance shall be executed promptly in accordance with the law of the Requested State and, insofar as it is not prohibited by that law, in the manner requested by the Requesting State.

2. The Requested State shall, upon request, inform the Requesting State of the time and place of execution of the request for assistance.

ARTICLE 3

Refusal or Postponement of Assistance

1. Assistance may be refused if, in the opinion of the Requested State, the execution of the request would impair its sovereignty, security, public order or essential public interest or be unreasonable on other grounds.

2. Assistance may be postponed by the Requested State if execution of the request would interfere with an ongoing investigation or prosecution in the Requested State.

3. The Requested State shall promptly inform the Requesting State of a decision of the Requested State not to comply in whole or in part with a request for assistance, or to postpone execution, and shall give reasons for that decision.

4. Before refusing to grant a request for assistance or before postponing the grant of such assistance, the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to these conditions, it shall comply with them.

ARTICLE 4

Location or Identity of Persons and Objects

The competent authorities of the Requested State shall make best efforts to ascertain the location and identity of persons and objects specified in the request.

ARTICLE 5

Service of Documents

1. The Requested State shall serve documents transmitted to it for the purpose of service.

2. The Requesting State shall transmit a request for the service of a document pertaining to a response or appearance in the Requesting State within a reasonable time before the scheduled response or appearance.

3. The Requested State shall return a proof of service in the manner required by the Requesting State. If service cannot be effected, or cannot be effected in the manner specified, the Requesting State shall be so informed and shall be advised of the reasons.

4. Service of any subpoena or other process under Paragraph 1 shall not impose any obligation under the law of the Requested State to comply with it.

ARTICLE 6

Government Documents and Records

1. The Requested State shall provide copies of documents and records of government departments and agencies that are publicly available.

2. The Requested State may provide copies of any document, record or information in the possession of a government department or agency, but not publicly available, to the same extent and under the same conditions as would be available to its own law enforcement and judicial authorities. The Requested State may, in its discretion, deny a request pursuant to this Paragraph entirely or in part.

ARTICLE 7

Transmission of Documents and Objects

1. When the request for assistance concerns the transmission of records and documents, the Requested State may transmit certified true copies thereof, unless the Requesting State expressly requests the originals, in which case the Requested State shall make every effort to comply with the request.

2. The original records or documents or objects transmitted to the Requesting State shall be returned to the Requested State as soon as possible, upon the latter's request.

3. Insofar as not prohibited by the law of the Requested State, records, documents or objects shall be transmitted in a form or accompanied by such certification as may be requested by the Requesting State in order to make them admissible in evidence according to the law of the Requesting State.

ARTICLE 8

Presence of Persons Involved in the Proceedings in the Requested State

1. A person requested to testify and produce documents, records or other articles in the Requested State shall be compelled, if necessary by subpoena or order to appear and testify and produce such documents, records and other articles, in accordance with the requirements of the law of the Requested State.

2. The Requested State shall permit persons specified in the request, and concerned in the investigation or proceeding, to be present during the execution of a request for assistance, except in exceptional circumstances. The Requested State may allow such persons to question the person giving a statement or evidence, provided that they would be competent to do so in the Requesting State.

3. The persons present at the execution of a request shall be permitted to make a verbatim transcript of the proceedings. To the extent not prohibited by the law of the Requested State, and pursuant to permission by the Court or other appropriate authority, the use of technical means, including the use of audio or video recorders, shall be permitted for making such a verbatim transcript.

ARTICLE 9

Availability of Persons to Give Evidence or Assist Investigations in the Requesting State

When the Requesting State requests the appearance of a person in that State for the purpose of giving evidence or assisting in an investigation, the Requested State shall invite the person to appear before the appropriate authority in the Requesting State. The Requesting State shall indicate the extent to which the expenses will be paid. Such person shall be under no compulsion to accept such an invitation. The Central Authority of the Requested State shall promptly inform the Central Authority of the Requesting State of the response of the person.

ARTICLE 10

Search and Seizure

1. A request for search and seizure and delivery of any article shall be executed in accordance with the requirements of the law of the Requested State.

2. The competent authority that has executed a request for search and seizure shall provide such information as may be required by the Requesting State concerning, but not limited to, the identity, condition, integrity and continuity of possession of the documents, records or things seized and the circumstances of the seizure.

3. The Requesting State shall observe any conditions imposed by the Requested State in relation to any seized documents, records or things which may be delivered to the Requesting State.

4. No item seized shall be transferred to the Requesting State until that State has agreed to such terms and conditions as may be required by the Requested State, including protection of third party interests in the item to be transferred.

ARTICLE 11

Transfer of Detained Persons to Give Evidence or Assist Investigations

1. A person in the custody of the Requested State whose presence in the Requesting State is sought for the purpose of giving evidence or assisting investigations shall be temporarily transferred by the Requested State to the Requesting State for that purpose if the person consents and if the Central Authority of the Requested State agrees.

2. Where the person transferred is required to be kept in custody under the law of the Requested State, the Requesting State shall hold that person in custody and shall return the person in custody at the conclusion of the execution of the request, unless otherwise agreed by both Central Authorities.

3. Where the sentence imposed expires, or where the Requested State advises the Requesting State that the transferred person is no longer required to be held in custody, that person may be expeditiously returned to the Requested State or be set at liberty and be treated as a person present in the Requesting State pursuant to a request seeking that person's attendance.

4. The Requesting State shall be responsible for making all necessary arrangements for the transit of transferred person through third countries.

ARTICLE 12

Safe Conduct

1. Subject to Article 11 (2), a person present in the Requesting State in response to a request seeking that person's attendance shall not be prosecuted, detained or subjected to any other restriction of personal liberty in that State for any acts or omissions which preceded that person's departure from the Requested State, nor shall that person be obliged to give evidence in any proceeding other than the proceedings to which the request relates.

2. Paragraph 1 of this Article shall cease to apply if a person, being free to leave the Requesting State, has not left it within a period of thirty days after being officially notified that that person's attendance is no longer required, or having left that territory, has voluntarily returned.

3. Any person who fails to appear in the Requesting State may not be subject to any sanction or compulsory measure in the Requested State.

ARTICLE 13

Proceeds of Crime

1. The Requested State shall, upon request, endeavour to ascertain whether any proceeds of a crime are located within its jurisdiction and shall notify the Requesting State of the results of its inquiries. In making the request, the Requesting State shall notify the Requested State of the basis of its belief that such proceeds may be located in the latter's jurisdiction.

2. Where, pursuant to Paragraph 1 of this Article, suspected proceeds of crime are found, the Requested State shall take such measures as are permitted by its law to freeze, seize and confiscate such proceeds.

ARTICLE 14

Contents of Requests

1. In all cases requests for assistance shall include:

(a) the competent authority conducting the investigation or proceedings to which the request relates;

(b) a description of the nature of the investigation or proceedings, including a copy or summary of the relevant facts and laws;

(c) the purpose for which the request is made and the nature of the assistance sought;

(d) the need, if any, for confidentiality and the reasons therefor; and

(e) any time limit within which compliance with the request is desired.

2. Requests for assistance shall also contain the following information:

(a) where possible, the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;

(b) where necessary, details of any particular procedure or requirement that the Requesting State wishes to be followed and the reasons therefor;

(c) in the case of requests for the taking of evidence or search and seizure, a statement indicating the basis for belief that evidence may be found in the jurisdiction of the Requested State;

(d) in the case of requests to take evidence from a person, a statement as to whether sworn or affirmed statements are required, and a description of the subject matter of the evidence or statement sought;

(e) in the case of lending of exhibits, the person or class of persons who will have custody of the exhibit, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;

(f) in the case of transferring detained persons to give evidence or assist investigations, the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person's return.

3. If the Requested State considers that the information contained in the request is not sufficient to enable the request to be dealt with, that State may request that additional details be furnished.

4. A request for assistance shall be in writing except that the Central Authority of the Requested State may, in its discretion, accept a request in another form in urgent situations. In such cases, the request shall be confirmed in writing within the time period determined by the Central Authority of the Requested State.

ARTICLE 15

Central Authorities

Central authorities shall transmit and receive all requests and responses thereto for the purposes of this Treaty. The Central Authority for Canada shall be the Minister of Justice or an official designated by that Minister. The Central Authority for Israel shall be the Minister of Justice or an official designated by that Minister.

ARTICLE 16

Confidentiality

1. The Requested State may request, after consultation with the Requesting State, that information or evidence furnished under this Treaty, or the source of such information or evidence, be kept confidential or be disclosed or used only subject to terms and conditions which the Requested State may specify. If the Requesting State accepts the information or evidence subject to such conditions, it shall comply with the conditions.

2. The Requested State shall, to the extent requested, keep the request for assistance, the contents of the request, supporting documents, the fact of granting such assistance, and any action taken pursuant to the request, confidential. If the request cannot be executed without breaching confidentiality, the Requested State shall so notify the Requesting State, which shall determine whether the request should nevertheless be executed.

ARTICLE 17

Limitation on Use

The Requesting State shall not disclose or use information or evidence furnished for purposes other that those stated in the request without the prior consent of the Central Authority of the Requested State.

ARTICLE 18

Authentication

Evidence or documents transmitted pursuant to this Treaty shall not require any form of authentication, save as is specified in Article 7.

ARTICLE 19

Language

1. Requests and supporting documents submitted to Canada shall be accompanied by a translation into English or French. Requests and supporting documents submitted to the State of Israel shall be accompanied by a translation into Hebrew.

2. The Requested State shall submit documents, statements, evidence and transcripts obtained in executing a request in the language in which they are produced in that State.

ARTICLE 20

Expenses

1. The Requested State shall meet the cost of executing the request for assistance, except that the Requesting State shall bear:

(a) the expenses associated with conveying any person to or from the territory of the Requested State at the request of the Requesting State, and any allowance or expenses payable to that person while in the Requesting State pursuant to a request under Articles 9 or 11 of this Treaty;

(b) the expenses and fees of experts either in the Requested State or the Requesting State;

(c) the expenses of translation, interpretation and transcription.

2. If it becomes apparent that the execution of the request requires expenses of an extraordinary nature, the Contracting Parties shall consult to determine the terms and conditions under which the requested assistance can be provided.

ARTICLE 21

Other Assistance

This Treaty shall not derogate from obligations subsisting between the Contracting Parties whether pursuant to other treaties or arrangements, or prevent the Contracting Parties from providing, or continuing to provide, assistance to each other pursuant to other treaties or arrangements, provided such other assistance is not prohibited by the law of the Requested State.

ARTICLE 22

Consultations

The Contracting Parties shall consult promptly, at the request of either Party, concerning the interpretation, implementation or application of this Treaty, either generally or in relation to a particular request.

ARTICLE 23

Entry into Force and Termination

1. This Treaty shall enter into force on the date of the later of the Notes notifying the other Party that the requirements for entry into force of this Treaty have been complied with.

2. This Treaty shall apply to any requests presented after its entry into force even if the relevant acts or omissions occurred before that date.

3. This Treaty shall remain in force for an indefinite period of time until terminated by either Contracting Party giving six (6) months written notice of termination to the other Contracting Party through the diplomatic channel.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

DONE in duplicate at Ottawa on the 25^th day of October 1999, corresponding to the 15th day of Heshvan, 5760, in the English, French and Hebrew languages, each version being equally authentic.

FOR THE GOVERNMENT OF CANADA

Anne McLellan

FOR THE GOVERNMENT OF THE STATE OF ISRAEL

Yossi Beilin