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18 U.S.C. § 3491 — Foreign documents
Federal law — U.S. Code and appendices · legal_authorities
Any book, paper, statement, record, account, writing, or other document, or any portion thereof, of whatever character and in whatever form, as well as any copy thereof equally with the original, which is not in the United States shall, when duly certified as provided in [section 3494 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3494&num=0&edition=prelim), be admissible in evidence in any criminal action or proceeding in any court of the United States if the court shall find, from all the testimony taken with respect to such foreign document pursuant to a commission executed under [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3492&num=0&edition=prelim), that such document (or the original thereof in case such document is a copy) satisfies the authentication requirements of the Federal Rules of Evidence, unless in the event that the genuineness of such document is denied, any party to such criminal action or proceeding making such denial shall establish to the satisfaction of the court that such document is not genuine. Nothing contained herein shall be deemed to require authentication under the provisions of [section 3494 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3494&num=0&edition=prelim) of any such foreign documents which may otherwise be properly authenticated by law.
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Source file: Laws/federal/codes/united-states-code/title-18/section-3491-foreign-documents--2f1381f285.md
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Source location: Title 18, Chapter 223, § 3491; chapter-223-witnesses-and-evidence.md
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Any book, paper, statement, record, account, writing, or other document, or any portion thereof, of whatever character and in whatever form, as well as any copy thereof equally with the original, which is not in the United States shall, when duly certified as provided in [section 3494 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3494&num=0&edition=prelim), be admissible in evidence in any criminal action or proceeding in any court of the United States if the court shall find, from all the testimony taken with respect to such foreign document pursuant to a commission executed under [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3492&num=0&edition=prelim), that such document (or the original thereof in case such document is a copy) satisfies the authentication requirements of the Federal Rules of Evidence, unless in the event that the genuineness of such document is denied, any party to such criminal action or proceeding making such denial shall establish to the satisfaction of the court that such document is not genuine. Nothing contained herein shall be deemed to require authentication under the provisions of [section 3494 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3494&num=0&edition=prelim) of any such foreign documents which may otherwise be properly authenticated by law.
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Federal law — U.S. Code and appendices · legal_authorities
If the consular officer executing any commission authorized under [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3492&num=0&edition=prelim) shall be satisfied, upon all the testimony taken, that a foreign document is genuine, he shall certify such document to be genuine under the seal of his office. Such certification shall include a statement that he is not subject to disqualification under the provisions of [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3492&num=0&edition=prelim). He shall thereupon transmit, by mail, such foreign documents, together with the record of all testimony taken and the commission which has been executed, to the clerk of the court from which such commission issued, in the manner in which his official dispatches are transmitted to the Government. The clerk receiving any executed commission shall open it and shall make any foreign documents and record of testimony, transmitted with such commission, available for inspection by the parties to the criminal action or proceeding in which such documents are to be used, and said parties shall be furnished copies of such documents free of charge.
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Federal law — U.S. Code and appendices · legal_authorities
An official record or document of a foreign country may be evidenced by a copy, summary, or excerpt authenticated as provided in the Federal Rules of Civil Procedure.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 tak
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Federal law — U.S. Code and appendices · legal_authorities
If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original. This subsection 11 So in original. Probably should be “section”. shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.
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Federal law — U.S. Code and appendices · legal_authorities
Page 773
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3492
‘‘General Accounting Office’’ was substituted for
‘‘proper accounting officer of the Treasury’’.
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–271 substituted ‘‘Government Ac-
countability Office’’ for ‘‘General Accounting Office’’.
§ 3488. Intoxicating liquor in Indian country as
evidence of unlawful introduction
The possession by a person of intoxicating liq-
uors in Indian country where the introduction is
prohibited by treaty or Federal statute shall be
prima facie evidence of unlawful introduction.
(June 25, 1948, ch. 645, 62 Stat. 834.)
HISTORICAL AND REVISION NOTES
Based on section 245 of title 25, U.S.C., 1940 ed., Indi-
ans (May 18, 1916, ch. 125, § 1, 39 Stat. 124).
The only change made was the insertion of the word
‘‘Indian’’ before ‘‘country’’, to substitute specificity for
generality. (See definition of ‘‘Indian country’’ in sec-
tion 1151 of this title.)
§ 3489. Discovery and inspection—(Rule)
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Inspection of documents and papers taken from de-
fendant, Rule 16.
(June 25, 1948, ch. 645, 62 Stat. 834.)
§ 3490. Official record or entry—(Rule)
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Proof of official record or entry as in civil actions,
Rule 27.
(June 25, 1948, ch. 645, 62 Stat. 834.)
§ 3491. Foreign documents
Any book, paper, statement, record, account,
writing, or other document, or any portion
thereof, of whatever character and in whatever
form, as well as any copy thereof equally with
the original, which is not in the United States
shall, when duly certified as provided in section
3494 of this title, be admissible in evidence in
any criminal action or proceeding in any court
of the United States if the court shall find, from
all the
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