18 U.S.C. § 3506 — Service of papers filed in opposition to of-

Page 778 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3505 menced, occurring after the date of its enactment [Oct. 15, 1970]. Paragraph (3) of subsection (a) of section 3504, chapter 223, title 18, United States Code, shall not apply to any proceeding in which all information to be relied upon to establish inadmissibility was possessed by the party making such claim and adduced in such proceeding prior to such enactment.’’ § 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 ar- raignment as practicable, a party intending to offer in evidence under this section a foreign record of regularly conducted activity shall pro- vide written notice of that intention to each other party. A motion opposing admission in evidence of such record shall be made by the op- posing party and determined by the court before trial. Failure by a party to file such motion be- fore 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 diag- noses, maintained in a foreign country; (2) ‘‘foreign certification’’ means a written declaration made and signed in a foreign coun- try by the custodian of a foreign record of reg- ularly 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 call- ing of every kind, whether or not conducted for profit. (Added Pub. L. 98–473, title II, § 1217(a), Oct. 12, 1984, 98 Stat. 2165.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–473, title II, § 1220, Oct. 12, 1984, 98 Stat. 2167, provided that: ‘‘This part [part K (§§ 1217–1220) of chapter XII of title II of Pub. L. 98–473, enacting this section and sections 3292, 3506, and 3507 of this title and amending section 3161 of this title] and the amend- ments made by this part shall take effect thirty days after the date of the enactment of this Act [Oct. 12, 1984].’’ § 3506. Service of papers filed in opposition to of- ficial request by United States to foreign gov- ernment for criminal evidence (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 sub- ject 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 re- quest for evidence made by a court of the United States or an authority of the United States hav- ing criminal law enforcement responsibility, to a court or other authority of a foreign country. (Added Pub. L. 98–473, title II, § 1217(a), Oct. 12, 1984, 98 Stat. 2166.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 30 days after Oct. 12, 1984, see sec- tion 1220 of Pub. L. 98–473, set out as a note under sec- tion 3505 of this title. § 3507. Special master at foreign deposition Upon application of a party to a criminal case, a United States district court before which the case is pending may, to the extent permitted by a foreign country, appoint a special master to carry out at a deposition taken in that country such duties as the court may direct, including presiding at the deposition or serving as an advi- sor on questions of United States law. Notwith- standing any other provision of law, a special master appointed under this section shall not decide questions of privilege under foreign law. The refusal of a court to appoint a special mas- ter under this section, or of the foreign country to permit a special master appointed under this section to carry out a duty at a deposition in that country, shall not affect the admissibility in evidence of a deposition taken under the pro- visions of the Federal Rules of Criminal Proce- dure. (Added Pub. L. 98–473, title II, § 1217(a), Oct. 12, 1984, 98 Stat. 2166.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 30 days after Oct. 12, 1984, see sec- tion 1220 of Pub. L. 98–473, set out as a note under sec- tion 3505 of this title.