U.S., India Pursue Mutual Legal Assistance Treaty
Bush submits treaty to Congress
On April 8, President Bush submitted to the U.S. Senate a treaty
negotiated with the government of India on the mutual exchange of
information related to the investigation and prosecution of criminal
activities, including terrorist crimes and drug trafficking.
According to the U.S. Constitution, the Senate must examine and
approve the proposed treaty before it is ratified. The United States
has similar treaties on "Mutual Legal Assistance in Criminal Matters"
with 46 nations.
THE WHITE HOUSE
Office of the Press Secretary
April 8, 2002
TO THE SENATE OF THE UNITED STATES:
With a view to receiving the advice and consent of the Senate to
ratification, I transmit herewith the Treaty between the Government of
the United States of America and the Government of the Republic of
India on Mutual Legal Assistance in Criminal Matters, signed at New
Delhi on October 17, 2001. I transmit also, for the information of the
Senate, the report of the Department of State with respect to the
Treaty.
The Treaty is one of a series of modern mutual legal assistance
treaties that the United States has concluded or is negotiating in
order to counter criminal activities more effectively. The Treaty
should be an effective tool to assist in the investigation and
prosecution of a wide variety of modern crimes, including
terrorism-related crimes, drug trafficking, and "white collar" crimes.
The Treaty is self-executing.
The Treaty provides for a broad range of cooperation in criminal
matters and related proceedings. Mutual assistance available under the
Treaty includes: (1) taking the testimony or statements of persons;
(2) providing documents, records, and items of evidence; (3) locating
or identifying persons or items; (4) serving documents; (5)
transferring persons in custody for testimony or other purposes; (6)
executing requests for searches and seizures; (7) assisting in
proceedings relating to seizure and forfeiture of assets, restitution,
and collection of fines; and (8) rendering any other form of
assistance not prohibited by the laws of the Requested State.
I recommend that the Senate give early and favorable consideration to
the Treaty and give its advice and consent to ratification.
GEORGE W. BUSH
THE WHITE HOUSE,
April 8, 2002.
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