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30 JUNE 2009. - An Act to Enact the following International Acts:

(1) Agreement between the European Union and the United States of America on mutual legal assistance, done in Washington D.C. on 25 June 2003 (1)
(2) Instrument, made in Brussels on 16 December 2004, referred to in Article 3, 2°, of the Agreement between the European Union and the United States of America on mutual legal assistance, on 25 June 2003, concerning the application of the Convention between the Kingdom of Belgium and the United States of America concerning mutual legal assistance in criminal matters, signed on 28 January 1988 (1) (2)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the European Union and the United States of America on mutual legal assistance, made in Washington D.C. on 25 June 2003, will come out its full and full effect.
Art. 3. The Instrument, made in Brussels on 16 December 2004, referred to in Article 3, 2°, of the Agreement between the European Union and the United States of America on mutual legal assistance, on 25 June 2003, concerning the application of the Convention between the Kingdom of Belgium and the United States of America concerning mutual legal assistance in criminal matters, signed on 28 January 1988, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 30 June 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Notes
(1) 2008-2009 session.
Senate.
Documents. - Bill tabled on 17 February 2009, No. 4-1183/1. - Report, No. 4-1183/2. - Report made on behalf of the commission, No. 4-1183/3.
Annales parliamentarians. - Voting. Session of May 28, 2009.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 52-2013/1. - Text adopted in plenary and subject to Royal Assent, nr. 52-2013/2.
Annales parliamentarians. - Discussion and vote: meeting of 11 June 2009.
(2) The Agreement and the Instrument enter into force on 1^er February 2010.

Agreement between the European Union and the United States of America on mutual legal assistance
INDEX
Preamble
Article 1^er Subject
Article 2: Definitions
Article 3: Scope of application in relation to bilateral mutual legal assistance treaties concluded by Member States and in the absence of such treaties
Article 4: Search for bank information
Article 5: Joint Investigation Teams
Article 6: Videoconferences
Article 7: Accelerated transmission of requests
Article 8: Judicial assistance to administrative authorities
Article 9: limits to use for the protection of personal data and other data
Article 10: Request for confidentiality by the requesting State
Article 11: Consultations
Article 12: Time application
Article 13: Non-derogation
Article 14: Future bilateral mutual legal assistance treaties concluded with Member States
Article 15: Designations and notifications
Article 16: Territorial application
Article 17: Review
Article 18: Entry into force and denunciation
Explanatory note
EUROPEAN UNION AND THE UNITED STATES OF AMERICA
Desirous of further facilitating cooperation between the Member States of the European Union and the United States of America,
Desiring to combat crime more effectively in order to protect their respective democratic societies and their common values,
Respect for human rights and the rule of law,
Bearing in mind the guarantees provided by their respective legal systems, which recognize to an accused person the right to a fair trial, including the right to be tried by an impartial tribunal established by law,
Desiring to conclude an agreement on mutual legal assistance in criminal matters, decided as follows:
Article 1^er
Subject
The contracting parties shall, in accordance with the provisions of this Agreement, strengthen their cooperation and mutual legal assistance.
Article 2
Definitions
For the purposes of this Agreement:
1. "Contracting Parties", the European Union and the United States of America;
2. "Member State", a Member State of the European Union.
Article 3
Scope of application in relation to bilateral mutual legal assistance treaties concluded by Member States and in the absence of such treaties
1. The European Union, in accordance with the Treaty on the European Union, and the United States of America shall ensure that the provisions of this Agreement apply, under the following conditions, to the bilateral mutual legal assistance treaties that are in force between the Member States and the United States of America at the time of the entry into force of this Agreement.
(a) section 4 applies to enable the identification of financial accounts or financial transactions in addition to authorities that are possibly already provided for in bilateral treaties;
(b) Article 5 applies to authorize the formation and activities of joint investigation teams in addition to the authorities that are possibly already provided for in bilateral treaties;
(c) Article 6 applies to authorize the recording of a person's testimony in the requested State by means of a video-transmission technology between the requesting State and the requested State, in addition to the authorities that are possibly already provided for in bilateral treaties;
(d) Article 7 applies to allow the use of rapid means of communication in addition to the authorities possibly already provided for in bilateral treaties;
(e) Article 8 applies to authorize mutual legal assistance between the administrative authorities concerned, in addition to the authorities possibly already provided for in bilateral treaties;
(f) subject to Article 9, paragraphs 4 and 5, Article 9 shall apply in place and place of the provisions of the bilateral treaties governing the restrictions applicable to the use of information or evidence provided to the requesting State, as well as the conditions laid down on the mutual assistance or refusal of the requesting State for reasons related to the protection of data, or in the absence of such provisions;
(g) Article 10 applies in the absence, in bilateral treaties, of provisions concerning the circumstances under which a requesting State may request confidentiality for its application.
2. (a) The European Union, in accordance with the Treaty on the European Union, ensures that each Member State recognizes, through the exchange of a written instrument between that Member State and the United States of America, that its bilateral mutual legal assistance agreement in force with the United States of America applies in the manner described in this article.
(b) The European Union, in accordance with the Treaty on the European Union, ensures that the new Member States that accede to the European Union after the entry into force of this Agreement and that have concluded bilateral mutual legal assistance treaties with the United States of America take the measures referred to in point a).
(c) The contracting parties shall endeavour to complete the process described in point (b) before the expected accession of a new member State, or as soon as possible after the latter. The European Union shall notify the United States of America of the date of accession of the new Member States.
3. (a) The European Union, in accordance with the Treaty on the European Union, and the United States of America also ensure that the provisions of this Agreement are applied in the absence of a bilateral mutual legal assistance treaty in force between a Member State and the United States of America.
(b) The European Union, in accordance with the Treaty on the European Union, ensures that these Member States recognize, in a written instrument between them and the United States of America, the application of the provisions of this Agreement.
(c) The European Union, in accordance with the Treaty on the European Union, ensures that the new Member States adhere to the European Union after the entry into force of this Agreement and that they do not have a bilateral mutual legal assistance treaty with the United States of America take the measures referred to in point (b).
4. If the process described in paragraph 2, point (b), and paragraph 3, point (c), is not reached at the date of accession, the provisions of this Agreement shall apply to relations between the United States of America and the new Member State from the date on which they have notified each other and have notified the European Union of the completion of their internal procedures to that effect.
5. The Contracting Parties shall decide that this Agreement shall apply only to mutual legal assistance between the States concerned. The provisions of this Agreement do not give an individual the right to obtain, conceal or exclude evidence or prevent the execution of an application; Nor do they extend and limit the rights conferred by national law.
Article 4
Search for bank information
1. (a) At the request of the requesting State, the requested State shall promptly verify, in accordance with the provisions of this article, whether the banks established in its territory hold information on whether a natural or legal person identified, suspected or accused of a criminal offence, holds one or more bank accounts. The requested State shall forthwith communicate the results of its research to the requesting State.
(b) The measures referred to in (a) may also be taken for research purposes:
(i) information concerning natural or legal persons convicted or otherwise involved in a criminal offence;
(ii) information held by non-bank financial institutions, or
(iii) financial transactions that are not related to bank accounts.
2. The request for information referred to in paragraph 1^er contains:
(a) the identity of the natural or legal person to locate those accounts or transactions, and
(b) sufficient information to allow the competent authority of the requested State:
(i) having reasonable grounds to believe that the natural or legal person concerned is involved in a criminal offence and that banks or non-bank financial institutions located in the territory of the requested State may have the information requested, and
(ii) conclude that the information sought relates to the investigation or prosecution;
(c) to the extent possible, information on the name of the bank or non-bank financial institution likely to be involved, as well as other information which knowledge could help to reduce the extent of the investigation.
3. Requests for assistance under this Article shall be transmitted between:
(a) the competent central authorities in the field of mutual legal assistance in the Member States, or the national authorities of the Member States responsible for the investigation or prosecution of criminal offences that have been designated in accordance with Article 15, paragraph 2, and
(b) the national authorities of the United States responsible for the investigation or prosecution of criminal offences that have been designated in accordance with Article 15, paragraph 2.
Following the entry into force of this Agreement, Contracting Parties may, through an exchange of diplomatic notes, decide to amend the ways in which requests for assistance are sent under this Article.
4. (a) Subject to (b), a State may, in accordance with Article 15, restrict its obligation to provide assistance under this Article:
(i) offences punishable under the law of the requested State and that of the requesting State;
(ii) offences punishable by imprisonment or a security measure of not less than four years in the requesting State and not less than two years in the requested State, or
(iii) serious offences previously defined, punishable under the law of the requested State and that of the requesting State.
(b) A State that restricts its obligations under (a), (ii) or (iii) allows the identification of accounts related to terrorist activities or the laundering of products resulting from a wide range of serious criminal activities punishable under the law of the requesting State and that of the requested State.
5. Assistance may not be denied under this section on grounds that respect the bank secrecy.
6. The requested State shall respond to a request for the submission of documents relating to the accounts or transactions identified under this article in accordance with the provisions of the mutual legal assistance treaty in force between the States concerned or, in the absence of such a treaty, in accordance with the requirements of its domestic law.
7. The Contracting Parties shall take the necessary measures not to impose excessive burden on the States required by the application of this Article. However, if there is an excessive burden on a requested State, including for banks or because of the use of the means of communication provided for in this Article, the contracting parties shall immediately consult in order to facilitate the application of this Article, including by taking the necessary measures to reduce the existing burden and to reduce that burden in the future.
Article 5
Joint investigation teams
1. As long as they have not yet done so, the contracting parties shall take the necessary measures to enable the formation and operation of joint police investigation teams in the respective territory of each Member State and the United States of America to facilitate investigations and criminal proceedings involving one or more States of America. Member States and the United States of America, if the Member State concerned and the United States of America feel it appropriate.
2. The procedures governing the operation of these teams (composition, duration, location, organization, functions, object, as well as the conditions for the participation of members of a team in investigative activities taking place in the territory of a State other than their own) are agreed between the competent authorities responsible for the investigation or punishment of criminal offences, which each of the States concerned has designated.
3. The competent authorities designated by each of the States concerned shall communicate directly with each other for the purpose of establishing and operating these teams; However, where, due to the exceptional complexity of the case, its magnitude or other circumstances, it is deemed that a more central coordination is required with respect to a party or all aspects, States may decide to use other appropriate channels of communication for that purpose.
4. When a joint investigation team considers that investigative duties must be carried out in one of the States that make up the team, a member of the State-owned team may ask its competent authorities to carry out these duties without the other States having to apply for mutual legal assistance. The legal standard required to obtain a duty of inquiry in that State is the standard applicable to national investigative activities.
Article 6
Videoconferences
1. When this type of assistance does not exist, the contracting parties shall take the necessary measures to allow the use of videotransmission technology between each Member State and the United States of America to collect, in a procedure for which mutual legal assistance is possible, the testimony of a person or expert in a requested State. Where they are not specified in this article, the terms and conditions governing this procedure are those set out in the mutual legal assistance treaty in force between the States concerned or those of the law of the requested State, as the case may be.
2. Unless otherwise agreed between the requesting State and the requested State, the requesting State shall bear the costs associated with the establishment and operation of the videotransmission. Other costs appearing during the provision of aid (including those related to the movement of participants in the requested State) are borne in accordance with the applicable provisions of the mutual legal assistance treaty in force between the States concerned or, in the absence of such a treaty, as agreed between the requesting State and the requested State.
3. The requesting State and the requested State may consult in order to facilitate the settlement of matters of a legal, technical or logistical nature that may appear on the occasion of the execution of the application.
4. Without prejudice to any jurisdiction provided by the law of the requesting State, any false statement or other intentional fault of the witness or expert during the videoconference is punishable in the requested State as if these facts were committed within the framework of a national procedure.
5. This article in no way prevents the use of other means to obtain testimony in the requested State and which are available under an applicable treaty or law.
6. This article does not affect the application of the provisions of bilateral mutual legal assistance agreements between the Member States and the United States of America imposing or authorizing the use of videoconferencing technology for purposes other than those referred to in paragraph 1^erincluding for the purpose of identifying persons or objects or the recording of statements. Where this is not already provided for under a treaty or law that applies, a State may authorize the use of videoconferencing technology in such cases.
Article 7
Accelerated transmission of applications
Requests for mutual legal assistance and related communications may be transmitted by means of rapid communication such as fax or e-mail, the formal confirmation to follow if requested by the requested State. The requested State can respond using these same means of rapid communication.
Article 8
Judicial assistance to administrative authorities
1. Mutual legal assistance is also granted to a national administrative authority investigating facts with a view to prosecuting them criminally or returning them to the competent authorities in matters of investigation and prosecution, in accordance with the administrative or regulatory competence it enjoys to conduct such an investigation. Mutual legal assistance may also be granted to other administrative authorities in these circumstances. It is not granted where the administrative authority provides that the case will not result in prosecution or referral, as the case may be.
2. (a) Requests for mutual assistance made under this article shall be transmitted between the central authorities designated under the bilateral mutual legal assistance treaty in force between the States concerned, or between other authorities possibly designated jointly by the central authorities.
(b) In the absence of a treaty, applications are transmitted between the United States Department of Justice and the Ministry of Justice or, in accordance with Article 15, paragraph 1^er, the assimilated ministry of the Member State concerned which is competent for the transmission of requests for mutual legal assistance, or between other authorities possibly designated jointly by the Department of Justice and that Ministry.
3. The Contracting Parties shall take the necessary measures not to impose excessive burden on the States required by the application of this Article. However, if the result is an excessive burden on a requested State, the contracting parties shall immediately consult in order to facilitate the application of this Article, including by taking the necessary measures to reduce the existing burden and to reduce this burden in the future.
Article 9
Limits to use for the protection of personal data and other data
1. The requesting State may use the evidence or information received from the requested State:
(a) for purposes of criminal investigations and actions;
(b) to prevent an immediate and serious threat to public security;
(c) in its non-criminal judicial or administrative proceedings directly related to investigations or actions:
(i) referred to in (a), or
(ii) in respect of which mutual legal assistance has been granted under Article 8;
(d) for any other purpose, if such information or evidence has been made public under the procedure for which it was transmitted or in any of the situations described in (a), (b) and (c), and
(e) for any other purpose, only with the prior consent of the requested State.
2. (a) This article does not affect the possibility, for the requested State, of imposing additional conditions in a particular case where it could not, in the absence of these conditions, follow up on the request for assistance examined. Where additional conditions have been imposed in accordance with this point, the requested State may request the requesting State to provide information on the use of evidence and information.
(b) The requested State may not impose, as a condition referred to in (a) to provide evidence or information, general restrictions relating to the legal norms of the requesting State in the processing of personal data.
3. When, after a communication to the requesting State, the requested State becomes aware of circumstances that might justify the imposition of an additional condition in a particular case, it may consult with the requesting State to determine the extent to which evidence and information can be protected.
4. Instead of this article, the requested State may apply the provisions of the existing bilateral mutual legal assistance treaty relating to limitations on the use of evidence and information, where this will result in less restrictions on the use of evidence and information than permitted in this article.
5. When a bilateral mutual legal assistance treaty between a Member State and the United States of America, in force on the date of the signing of this Agreement, limits the obligation to provide assistance in the case of certain tax offences, the Member State concerned may specify, in the course of the exchange of written instruments with the United States of America referred to in Article 3, paragraph 2, that, with regard to this type of offence, it shall continue to apply the treaty
Article 10
Request for confidentiality by the requesting State
The requested State shall make every effort to maintain the confidential nature of a request and its content if requested by the requesting State. If it is impossible to execute the request without violating the requested confidentiality, the central authority of the requested State shall inform the requesting State, which then decides whether the request should nevertheless be carried out.
Article 11
Consultations
Where necessary, Contracting Parties shall consult to allow for the most effective use of this Agreement, including to facilitate the settlement of any dispute concerning its interpretation or application.
Article 12
Time application
1. This Agreement applies to offences committed both before and after its entry into force.
2. This Agreement applies to requests for extradition made after its entry into force. However, sections 6 and 7 apply to pending applications in a requesting state at the time of the entry into force of the agreement.
Article 13
Non-derogation
Subject to Article 4, paragraph 5, and Article 9, paragraph 2, item (b), this Agreement shall not preclude the requested State from invoking the grounds for refusal of mutual assistance provided for by a bilateral mutual legal assistance treaty, nor, in the absence of a treaty, the applicable principles of its domestic law, including where the execution of the application would infringe upon its sovereignty, security, public essential interests or other interests.
Article 14
Future bilateral mutual legal assistance treaties concluded with Member States
This Agreement does not preclude the conclusion, after its entry into force, of bilateral agreements in accordance with this Agreement between a Member State and the United States of America.
Article 15
Designations and notifications
1. When a ministry other than the Ministry of Justice has been designated pursuant to Article 8, paragraph 2 (b), the European Union shall notify the designation in the United States of America before the exchange of written instruments referred to in Article 3, paragraph 3, between the Member States and the United States of America.
2. On the basis of their consultations with the national authorities responsible for the investigation and prosecution of the offences they must designate under Article 4, paragraph 3, the contracting parties shall notify each other of the identity of the national authorities so designated before the exchange of written instruments referred to in Article 3, paragraphs 2 and 3, between the Member States and the United States of America. For Member States that do not have a mutual legal assistance treaty with the United States of America, the European Union shall notify the United States of America, before this exchange, of the identity of the central authorities referred to in Article 4, paragraph 3.
3. The Contracting Parties shall notify each other of any limitation to the use of the evidence or information referred to in Article 4, paragraph 4, before the exchange of written instruments referred to in Article 3, paragraphs 2 and 3, between the Member States and the United States of America.
Article 16
Territorial application
1. This Agreement applies:
(a) in the United States of America;
(b) with regard to the European Union:
- to the Member States,
- the territories of which a Member State ensures external relations, or countries that are not member States, in respect of which a Member State has other duties in the field of external relations, when agreed by the exchange of a diplomatic note between the contracting parties duly confirmed by the Member State concerned.
2. A Contracting Party may terminate the application of this Agreement to a territory or country subject to the extension provided for in paragraph 1^er, point (b), subject to a written notice of six months given to the other contracting party by diplomatic means, when duly confirmed between the Member State concerned and the United States of America.
Article 17
Review
The Contracting Parties agree to conduct a joint review of this Agreement no later than five years after its entry into force. This review includes the concrete implementation of the agreement and may also relate to issues such as the consequences of the European Union's development with respect to the purpose of this agreement.
Article 18
Entry into force and denunciation
1. This Agreement shall enter into force on the first day after the third month after the date on which the Contracting Parties exchanged the instruments indicating that they have carried out their internal procedures to that effect. These instruments also state that the acts referred to in Article 3, paragraphs 2 and 3, have been performed.
2. Each Contracting Party may at any time terminate this Agreement by informing the other Party in writing. This denunciation takes effect six months after the date of its notification.
In faith, the undersigned Plenipotentiaries have affixed their signatures to the bottom of this agreement.
Done in Washington D.C. on 25 June two thousand three in double copy in German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese and Swedish, each of these texts being equally authentic.

Explanatory note on the agreement between the European Union and the United States of America on mutual legal assistance
This note sets out the agreed interpretation between the contracting parties regarding the application of certain provisions of the agreement between the European Union and the United States of America on mutual legal assistance (hereinafter referred to as "the agreement").
Concerning Article 8
With regard to mutual legal assistance granted to administrative authorities, as provided for in Article 8, paragraph 1^er, the first sentence of this paragraph imposes the obligation to grant mutual legal assistance to the federal administrative authorities of the United States of America and to the national administrative authorities of the Member States upon request. The second sentence of this paragraph provides that mutual legal assistance may also be granted to other administrative authorities, namely non-federal or local authorities. However, this possibility is left at the discretion of the requested State.
The Contracting Parties agree that, in accordance with the first sentence of Article 8, paragraph 1^er, mutual legal assistance will be granted to a requesting administrative authority who, at the time of the application, investigates facts with a view to prosecuting them criminally or to refer them to the competent authorities in respect of investigations and prosecutions within the framework of its statutory mandate, as specified below. The fact that, at the time of the application, this authority is considering criminal proceedings does not preclude it from targeting non-criminal sanctions. Therefore, mutual legal assistance obtained under Article 8, paragraph 1^er, may lead the requesting administrative authority to conclude that criminal proceedings or referral to the criminal authorities would not be appropriate. These possible consequences do not affect the obligation of the contracting parties to provide their assistance under this article.
However, the requesting administrative authority may not avail itself of section 8, paragraph 1^er, to request mutual assistance in cases where it does not consider criminal proceedings or referral to the criminal authorities or for matters in which the facts subject to investigation are not liable to a criminal penalty or to a reference to a criminal authority under the law of the requesting State.
The European Union recalls that the purpose of the agreement is, with regard to it, provisions relating to police and judicial cooperation in criminal matters set out in Title VI of the Treaty on the European Union and that the agreement was concluded within the framework of these provisions.
Concerning Article 9
Article 9, paragraph 2, point (b), aims to ensure that the refusal of mutual assistance for reasons related to data protection can only be opposed in exceptional cases. Such a case could arise if, by weighing the important interests involved in the case of a case (on the one hand, the public interest, including the good administration of justice, and on the other hand, the protection of private interests), it appeared that the transmission of the data requested by the requesting State raises fundamental difficulties such as the requested State would consider that they are affecting vital interests justifying a refusal. It is therefore excluded that the requested State refuses to cooperate on the basis of a broad, peremptory or systematic application of the principles of data protection. Therefore, the fact that the requesting State and the requested State have different systems of data privacy protection (such as, for example, the absence in the requesting State of the equivalent of a data protection authority) or the fact that they have different means to protect personal data (the requesting State using, for example, means other than deletion to ensure the confidentiality or accuracy of the personal data held by the authorities)
Concerning Article 14
Article 14 provides that the agreement does not prevent the conclusion, after its entry into force, of bilateral agreements on mutual legal assistance between a Member State and the United States of America, which are in accordance with this Agreement.
If a measure provided by the agreement would create an operational difficulty for the United States of America or for one or more Member States, this difficulty should first be resolved, if possible, through consultations between the Member State or the Member States concerned and the United States of America or, where applicable, according to the consultation procedures defined in the agreement. If the consultations alone did not allow them to resolve this operational difficulty, it would be in accordance with the agreement that the bilateral agreements that would be concluded subsequently between the Member State or the Member States and the United States of America provided for another operationally applicable mechanism, which would enable us to achieve the objectives covered by the provision on which the difficulty appeared.

Instrument referred to in Article 3, 2.°, of the Agreement between the European Union and the United States of America on mutual legal assistance, on 25 June 2003, concerning the application of the Convention between the Kingdom of Belgium and the United States of America concerning mutual legal assistance in criminal matters, signed on 28 January 1988
1. In accordance with Article 3, 2°, of the Agreement between the European Union and the United States of America on mutual legal assistance, signed on 25 June 2003 (hereinafter "the Agreement between the European Union and the United States of America on mutual legal assistance"), the Governments of the Kingdom of Belgium and the United States of America recognize, under the provisions of this Instrument, that the above-mentioned Agreement is of
(a) (i) Article 4 of the Agreement between the European Union and the United States of America on mutual legal assistance set out in Article 12 bis of the Annex to this Instrument regulates the identification of bank accounts and transactions, in addition to any power already provided for in the Convention between the Kingdom of Belgium and the United States of America concerning mutual legal assistance in criminal matters of 1988.
(ii) In accordance with Article 4, 3°, of the Agreement between the European Union and the United States of America on mutual legal assistance, requests for mutual assistance are transmitted between, for the Kingdom of Belgium, the Minister of Justice and, for the United States of America, the attacker responsible for Belgium:
- U.S. Department of Justice, Drug Enforcement Administration, with respect to matters within its jurisdiction;
- U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement, with respect to matters within its jurisdiction;
- U.S. Department of Justice, Federal Bureau of Investigation, with respect to other matters.
(iii) In accordance with Article 4, 4°, of the Agreement between the European Union and the United States of America on mutual legal assistance, the United States of America and the Kingdom of Belgium agree on mutual assistance in relation to the laundering and terrorist activities punishable under the law of both States and in respect of any other criminal activity that they notify each other.
(iv) In accordance with Article 4, 5°, of the Agreement between the European Union and the United States of America on mutual legal assistance, assistance cannot be denied on grounds of bank secrecy. Section 13 of the Appendix provides for this prohibition, by not allowing assistance to be denied under this Instrument for reasons of bank secrecy.
(b) Article 5 of the Agreement between the European Union and the United States of America on mutual legal assistance set out in Article 12ter of the Annex to this Instrument regulates the formation and activities of joint investigation teams, in addition to any power already provided for in the Convention between the Kingdom of Belgium and the United States of America concerning mutual legal assistance in criminal matters of 1988.
(c) Article 6 of the Agreement between the European Union and the United States of America on mutual legal assistance set out in articles 18, 2° bis, and 12quater of the Annex to this Instrument regulates the collection of the testimony of a person in the requested State through the technology of videotransmission between the requesting State and the requested State, in addition to any power already provided by the Convention between the Kingdom of Belgium and the United States of America.
(d) Article 7 of the Agreement between the European Union and the United States of America on mutual legal assistance set out in Article 17, 3°, of the Annex to this Instrument regulates the use of accelerated means of communication, in addition to any power already provided for in the Convention between the Kingdom of Belgium and the United States of America concerning mutual legal assistance in criminal matters of 1988.
(e) Article 8 of the Agreement between the European Union and the United States of America on mutual legal assistance set out in Article 1^er, 1^erbis, from the Annex to this Instrument regulates the granting of mutual legal assistance to the administrative authorities concerned, in addition to any power already provided for in the Convention between the Kingdom of Belgium and the United States of America concerning mutual legal assistance in criminal matters of 1988.
(f) Article 9, 1° to 3°, of the Agreement between the European Union and the United States of America on mutual legal assistance set out in Article 13bis of the Annex to this Instrument regulates the limits on the use of information or evidence provided to the requesting State as well as the imposition of conditions or refusal to grant mutual assistance on grounds related to data protection.
2. The Annex contains the integrated text of the provisions of the Convention between the Kingdom of Belgium and the United States of America concerning mutual legal assistance in criminal matters of 1988 and the Agreement between the European Union and the United States of America on mutual legal assistance to be applied when the present Instrument comes into force.
3. Pursuant to Article 12 of the Agreement between the European Union and the United States of America on mutual legal assistance, this Instrument applies to offences committed before and after its entry into force.
4. This Instrument shall not apply to requests made prior to its entry into force, except that, pursuant to Article 12 of the Agreement between the European Union and the United States of America on mutual legal assistance, Articles 12 quater, 17, 3, and 18, 2°bis of the Annex shall apply to requests made prior to the entry into force.
5 (a) This Instrument is subject to the fulfilment by the United States of America and the Kingdom of Belgium of their respective domestic procedures for its entry into force. In this regard, the Government of the United States of America and the Government of the Kingdom of Belgium exchange instruments indicating the fulfilment of these measures. This Instrument comes into force on the date of the entry into force of the Agreement between the European Union and the United States of America on mutual legal assistance.
(b) The denunciation of the Agreement between the European Union and the United States of America on mutual legal assistance results in the denunciation of this Instrument and the application of the Convention between the Kingdom of Belgium and the United States of America concerning mutual legal assistance in criminal matters of 1988. The Government of the United States of America and the Government of the Kingdom of Belgium may nevertheless decide to continue to apply, in whole or in part, the provisions of this Instrument.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Instrument.
Done in Brussels, in triple copy, in English, French and Dutch, the three texts being equally authoritative, this 16 is^e December 2004.

Annex
Convention between the Kingdom of Belgium and the United States of America concerning mutual legal assistance in criminal matters
Article 1^er
Scope
1. The Contracting States shall agree, in accordance with the provisions of this Convention, mutual legal assistance in all matters relating to the search, prosecution and punishment of offences.
1^er bis. (a) Mutual legal assistance is also granted to a national administrative authority investigating facts with a view to prosecuting them criminally or returning them to the competent authorities in matters of investigation and prosecution, in accordance with the administrative or regulatory competence it enjoys to conduct such an investigation. Mutual legal assistance may also be granted to other administrative authorities in these circumstances. It is not granted where the administrative authority provides that the case will not result in prosecution or referral, as the case may be.
(b) The requests for mutual assistance made under this paragraph shall be transmitted between the central authorities designated in accordance with Article 17 of this Convention, or between other authorities possibly designated jointly by the central authorities.
2. Mutual legal assistance includes:
(a) the location or identification of persons;
(b) delivery of documents;
(c) communication of information and objects including documents, records and evidence;
(d) the hearing of witnesses and the production of documents;
(e) the execution of searches and seizures;
(f) transfer of persons detained for their hearing as witnesses or for other purposes;
(g) the location, research, capitalization, seizure and confiscation of illicit gains; and
(h) restitution of their property to victims of an offence.
3. Unless this Convention otherwise provides, mutual assistance shall be granted for any offence punishable by the laws of the requesting State.
4. This Convention applies only to mutual legal assistance between the Contracting States. It does not assign any new rights to individuals with respect to obtaining, retaining and excluding evidence; Similarly, it does not allow them to oppose the execution of a request.
Article 2
Location or identification of persons
The requested State will do everything in its power to locate or identify the persons mentioned in the application.
Article 3
Submission of documents
1. The requested State shall ensure the surrender of any judicial act or document transmitted to that effect by the requesting State.
2. Any request for the submission of a document requiring the appearance of a person before an authority in the requesting State shall be sent within a reasonable time before the date fixed for the appearance.
3. The requested State shall return as proof of the surrender, a receipt dated and signed by the recipient or a declaration signed by the agent who made the surrender, recognizing the form and date of the surrender.
Article 4
Comparison of witnesses and experts in the requesting state
1. If the requesting State considers that the personal appearance of a witness or expert before its judicial authorities is particularly necessary, it may refer to it in the request and the requested State invites that witness or expert to appear. The requested State shall immediately disclose the answer of the witness or expert to the requesting State.
2. The witness or expert is appropriately reimbursed by the requesting State for travel and residence expenses incurred to meet the request. If the witness or expert so requests, the requesting State may make an advance on travel and stay expenses; this advance may be paid by the Embassy of this State in the requested State.
3. A witness or expert who has not referred to a summons to appear whose surrender has been requested shall not be subject to any sanction or measure of constraint in the requested State, even if this quotation contains injunctions.
Article 5
Communication of information and objects
in possession of government departments or agencies
Upon request and for the purposes of this Convention:
(a) the requested State shall provide any information and objects, including documents or records, in possession of a government administration or agency and that are accessible to the public;
(b) the requested State may communicate any information and objects, including documents or records, in the possession of a government administration or agency and that are not accessible to the public, to the same extent and to the same conditions as those applicable to its own judicial authorities or charged with the application of the law. The requested State may reject the application in whole or in part without having to justify its decision.
Article 6
Hearing of witnesses and production of documents in the requested State
1. Any person who wishes to obtain evidence is, if necessary, summoned to appear to testify or to produce objects, including documents, records or evidence, as well as if it were an instruction or procedure in the requested State. The legal exemptions to testify specific to the laws of the requesting State will not be taken into consideration when the requests are made on the basis of this article; However, if they are invoked, the minutes will mention them.
2. The requested State shall, upon request, communicate the date and place of the witness' hearing.
3. The requested State shall authorize the presence of the accused, the counsel of the accused and any other person concerned, as mentioned in the application, upon the execution of a request.
4. The authority that executes the application shall give to any person whose presence is authorized, the opportunity to ask questions to the person whose testimony is requested. The questions will be asked according to the procedure applicable in the requested State.
Article 7
Enforcement of search and seizure requests
1. To the extent permitted by its legislation, the requested State shall comply with a request for a search or seizure, as well as for the surrender to the requesting State of all objects, including documents, records and evidence, provided that the request contains information justifying such action under the laws of the requested State. The search and seizure are carried out in accordance with the laws of the requested State.
2. The requested State may substitute the surrender of the objects provided that the requesting State gives sufficient guarantee that they will be returned to the requested State as soon as possible. Where such a condition has not been expressed, there is no obligation to return objects to the requested State. The requested State may also adjourn the surrender of objects if they are to be used as evidence in that State.
3. The rights of third parties to these objects are duly respected.
Article 8
Proof Eligibility Procedures
1. The requesting State may request that the requested State follow special procedures in the execution of an application under Articles 5, 6 or 7 to ensure the admissibility of the objects surrendered or seized; the requested State shall follow these procedures provided that they are not prohibited by its law.
2. Objects seized in Belgium are placed in the custody of the court registry after being previously inventoried. These objects are held by this registry at the disposal of the authorities of the United States of America. Upon request, the Registry shall, together with the objects submitted, provide certificates in accordance with the form annexed to this Convention that shall be prepared by any person who has been the object in his or her possession from the time of seizure. These certificates are admitted to the United States of America as evidence of the facts mentioned therein; no other certification will be required.
3. If circumstances so require, the central authorities consult on the modalities for the specific procedures to be followed.
Article 9
Transfer to the requesting State of persons detained in the requested State
1. Any person detained in the requested State and whose presence in the requesting State is necessary for the purpose of mutual assistance provided for in this Convention shall be transferred to the requesting State provided that it consents to it and that the requested State has no reason to refuse that transfer.
2. The requested State may differ the execution of the application as long as the presence of that person is necessary in that State for the purposes of an instruction or procedure.
3. The requesting State has the power and obligation to keep the person in custody unless the requested State has ordered his release.
4. As soon as circumstances permit, unless otherwise agreed, the requesting State will hand over to the custody of the requested State any person who has not been released under § 3. The requesting State shall not refuse to return a person transferred on the ground that that person is a national of that State.
Article 10
Transfer to the requested State of persons detained in the requesting State
1. For the purposes of mutual assistance provided for in this Convention, the requesting State may request that a person held by the requesting State be transferred to the requested State provided that such person consents to it and that the requested State does not have any reason to refuse that transfer.
2. The requested State has the power and obligation to keep that person in custody unless the requesting State has ordered his release.
3. As soon as circumstances permit, unless otherwise agreed, the requested State shall return to the custody of the requesting State any person who has not been released under § 2. The requested State shall not refuse to return the transferred person on the ground that that person is a national of that State.
Article 11
Implementation of articles 9 and 10
1. When applying sections 9 and 10:
(a) the detention in the State to which the person has been transferred shall be charged on the duration of the deprivation of liberty remaining in the other State;
(b) the transferred person may not be prosecuted, detained or subjected to any other restriction of his or her personal liberty in the State to which he or she has been transferred for acts or convictions prior to his transfer;
(c) the immunity provided in letter (b) of this section ceases when the person transferred:
(i) having had the opportunity for fifteen consecutive days to leave the State to which it was transferred, remained there; or
(ii) after leaving, returned.
2. In the event of the escape of the transferred person, the State to which that person was transferred shall take any action for his arrest.
3. Any person transferred under sections 9 or 10 shall be reappointed without recourse to the extradition procedure.
Article 12
Illicit health and restitution to victims
1. Within the limits allowed by its domestic law applicable at the time of application, each of the Contracting States undertakes to grant assistance allowing:
(a) to proceed with the location, research, capitalization, seizure and confiscation of illicitly acquired gains; and
(b) ensure the restitution of their property to victims of an offence.
2. The Central Authority of a Contracting State having reason to believe that illicit gains can be discovered in the other State, informs the Central Authority of the latter which appreciates the continuation of this information and makes known as soon as possible the measures taken.
Article 12bis
Search for bank information
1. (a) At the request of the requesting State, the requested State shall promptly verify, in accordance with the provisions of this article, whether the banks established in its territory hold information on whether a natural or legal person identified, suspected or accused of a criminal offence, holds one or more bank accounts. The requested State shall forthwith communicate the results of its research to the requesting State.
(b) The measures referred to in (a) may also be taken for research purposes:
(i) information concerning natural or legal persons convicted or otherwise involved in a criminal offence;
(ii) information held by non-bank financial institutions, or
(iii) financial transactions that are not related to bank accounts.
2. In addition to the requirements of section 15 (1) of this Convention, the request for information referred to in subsection 1^er of this article shall contain:
(a) the identity of the natural or legal person to locate those accounts or transactions, and
(b) sufficient information to allow the competent authority of the requested State:
(i) having reasonable grounds to believe that the natural or legal person concerned is involved in a criminal offence and that banks or non-bank financial institutions located in the territory of the requested State may have the information requested, and
(ii) conclude that the information sought relates to the investigation or prosecution;
(c) to the extent possible, information on the name of the bank or non-bank financial institution likely to be involved, as well as other information which knowledge could help to reduce the extent of the investigation.
2. Unless subsequently amended by an exchange of diplomatic letters between the European Union and the United States of America, requests for assistance under this article shall be transmitted between:
(a) the Minister of Justice of Belgium; and
(b) for the United States of America, the responsible attaché for Belgium of:
- U.S. Department of Justice, Drug Enforcement Administration, with respect to matters within its jurisdiction;
- U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement, with respect to matters within its jurisdiction;
- U.S. Department of Justice, Federal Bureau of Investigation, with respect to other matters.
4. The Kingdom of Belgium and the United States of America agree mutual assistance under this article concerning the laundering and terrorist activities punishable under the law of both States and any other criminal activity that they notify each other.
5. The requested State shall respond to a request for the submission of documents relating to the accounts or transactions identified under this article in accordance with the other provisions of this Convention.
Article 12ter
Joint investigation teams
1. Joint investigation teams may be formed and operate in the respective territory of the Kingdom of Belgium and the United States of America to facilitate investigations and criminal proceedings involving the United States of America and one or more of them Member States of the European Union, if the Kingdom of Belgium and the United States of America feel it appropriate.
2. The procedures governing the operation of these teams, such as the composition, duration, location, organization, functions, object, and conditions for the participation of members of a team of a State in investigative activities taking place in the territory of a State other than the subject matter, shall be agreed between the competent authorities responsible for the investigation or prosecution of criminal offences, which each of the States concerned shall have designated.
3. The competent authorities designated by each of the States concerned shall communicate directly with each other for the purpose of establishing and operating these teams; However, where, due to the exceptional complexity of the case, its magnitude or other circumstances, it is deemed that a more central coordination is required with respect to a party or all aspects, States may decide to use other appropriate channels of communication for that purpose.
4. When a joint investigation team considers that investigative duties must be carried out in one of the States that make up the team, a member of the State-owned team may ask its competent authorities to carry out these duties without the other States having to apply for mutual legal assistance. The legal standard required to obtain a duty of inquiry in that State is the standard applicable to national investigative activities.
Article 12quater
Videoconferences
1. The use of videotransmission technology is available between the Kingdom of Belgium and the United States of America to collect, in a procedure for which mutual legal assistance is possible, the testimony of a person or expert located in the requested State. Where they are not specified in this article, the terms and conditions governing this procedure are those set out in this Convention.
2. The requesting State and the requested State may consult in order to facilitate the settlement of matters of a legal, technical or logistical nature that may appear on the occasion of the execution of the application.
3. Without prejudice to any jurisdiction provided by the law of the requesting State, any false statement or other intentional fault of the witness or expert during the videoconference is punishable in the requested State as if these facts were committed within the framework of a national procedure.
4. This article in no way prevents the use of other means to obtain testimony in the requested State and which are available under an applicable treaty or law.
5. The requesting State may authorize the use of videoconferencing technology for purposes other than those referred to in paragraph 1^er of this section, including for the purpose of identifying persons or objects or the recording of statements.
Article 13
Limits of mutual assistance
1. The Central Authority of the requested State may refuse to comply with a request to the extent that:
(a) enforcement of the application would affect the sovereignty, security or other essential public interests of the requested State;
(b) the application is a violation of military laws that are not an offence under ordinary criminal law; or
(c) the application is not in accordance with the provisions of this Convention.
2. The requested State Central Authority may also refuse to respond to a request if it is related to a political offence. This paragraph does not apply to offences that Contracting States may not consider as policies under any other international agreement to which they are a party.
3. If, pursuant to this article, a decision of refusal is considered, it will be preceded by a consultation between the Central Authorities for the purpose of determining what conditions mutual assistance may be granted. If the requesting State accepts the assistance under these conditions, it undertakes to respect them.
4. The Central Authority of the requested State may defer the execution of a request or act thereon only under certain conditions if the execution is in such a way as to interfere with an ongoing legal investigation or procedure in that State.
5. The Central Authority of the requested State shall inform, as soon as possible, the Central Authority of the requesting State of the ground for refusal or adjournment of the execution of the application.
Article 13bis
Limits to use for the protection of personal data and other data
1. The requesting State may use the evidence or information received from the requested State:
(a) for purposes of criminal investigations and actions;
(b) to prevent an immediate and serious threat to public security;
(c) in its non-criminal judicial or administrative proceedings directly related to investigations or actions:
(i) referred to in (a); or
(ii) in respect of which mutual legal assistance has been granted under Article 1^er (1^er(bis) of this Convention;
(d) for any other purpose, if such information or evidence has been made public under the procedure for which it was transmitted or in any of the situations described in (a), (b) and (c), and
(e) for any other purpose, only with the prior consent of the requested State.
2. (a) This article does not affect the possibility, for the requested State, in accordance with this Convention, to impose additional conditions in a particular case where it could not, in the absence of these conditions, follow up on the request for assistance examined. Where additional conditions have been imposed in accordance with this point, the requested State may request the requesting State to provide information on the use of evidence and information.
(b) The requested State may not impose, as a condition referred to in (a) to provide evidence or information, general restrictions relating to the legal norms of the requesting State in the processing of personal data.
3. When, after a communication to the requesting State, the requested State becomes aware of circumstances that might justify the imposition of an additional condition in a particular case, it may consult with the requesting State to determine the extent to which evidence and information can be protected.
Article 14
Protection of confidentiality
If the requesting State expresses its wish, the requested State shall make every effort to safeguard the confidential nature of a request and its content.
If the request cannot be complied with without infringement of the requested confidential character, the Central Authority of the requested State shall inform the Central Authority of the requesting State to which it is to decide whether the request may nevertheless be executed.
Article 15
Content of requests
1. A request for assistance specifies:
(a) the name of the authority that directs the instruction or procedure to which the application relates;
(b) the matter and nature of the instruction or procedure;
(c) a description of the information or purpose sought or of the intervention to be undertaken; and
(d) the purpose for which the information, object or intervention is requested.
2. Where necessary, and to the extent possible, the application includes:
(a) available information on the identity and location of a person to be searched;
(b) the identity and location of the consignee of a piece, its relationship with the procedure and the manner in which the delivery of the piece must be performed;
(c) the identity and location of persons who wish to obtain evidence;
(d) a description of how a testimony must be collected and transcribed;
(e) a list of questions to be answered;
(f) an exact description of where the search must take place and of the objects to be seized;
(g) a description of any particular procedure to be followed for the execution of the application; and
(h) information relating to compensation to which the witness or expert may be entitled to appear in the requesting State.
Article 16
Application and removal of objects
1. The Central Authority of the requested State shall act as soon as possible at the request or, if necessary, transmit it for execution to the competent authority which, to the extent possible, executes the request. The judicial authorities of the requested State are competent to issue summonses to appear, search warrants or other orders necessary for the execution of the application.
2. Unless otherwise provided by this Convention, the applications shall be carried out in accordance with the domestic law and procedures of the requested State. The procedures specified in the application are followed, even if they are unusual in the requested State, provided that they are not expressly prohibited by the laws of that State.
3. The requested State may provide copies of the documents including documents, records and evidence collected pursuant to the application. At the request of the requesting State, the requested State shall provide the originals to the extent possible.
4. Without prejudice to the provisions of Article 7, the requesting State shall return as quickly as possible all the objects that have been provided in accordance with the request for assistance unless the requested State renounces them.
Article 17
Central authorities
1. Unless otherwise provided, any request for assistance shall be submitted and executed through a Central Authority for each of the Contracting States. These Central Authorities communicate directly with each other for the purposes of the provisions of this Convention.
2. For the purposes of this Convention, the Central Authority shall:
(a) for the Kingdom of Belgium, the Minister of Justice, his representative or his delegate;
b) for the United States of America, the Attorney General or the representatives they have designated.
1. Requests for mutual legal assistance and related communications may be transmitted by means of rapid communication such as fax or e-mail, the formal confirmation to follow if requested by the requested State. The requested State can respond using these same means of rapid communication.
Article 18
Costs and translations
1. The requested State shall render its assistance to the requesting State without financial participation of that State except for the fees of private experts if the application authorizes the use of these experts.
2. The requesting State shall bear all expenses relating to the transfer of a detained person who has been made on the basis of articles 9 and 10.
2bis. Unless otherwise agreed between the requesting State and the requested State, the requesting State shall bear the costs associated with the establishment and operation of the videotransmission under Article 12quater. Other costs appearing during the provision of assistance (including those related to travel of participants in the requested State) are borne in accordance with the other provisions of this Article.
3. If, during the execution of the application, it is clear that, in order to implement it, exceptional costs must be incurred, the Central Authorities agree on the terms and conditions under which the execution of the application can be pursued.
4. Requests under this Convention shall be in the English language and in the French or Dutch language; However, letters of transmission from a Central Authority should not be translated. Where applicable, the attachments to these requests are translated by the requesting State. The translation of the documents submitted pursuant to the requests is the responsibility of the requesting State.
Article 19
Other conventions and domestic law
Mutual assistance and procedures resulting from this Convention do not impede the mutual assistance and procedures provided for by other international conventions or agreements, as well as by the domestic law and practice of the Contracting States.
Rule 20
Denunciation
Each Contracting State may denounce this Convention by written notification to the other Contracting State. Such denunciation shall be released six months after the date of such notification.

FORM
I undersigned (e), name . . . . .
Names . . . . .
home. .
quality or function. . . . .
certifies under penalty of criminal prosecution of the leader of false testimony or false writing,
- to have it.
(*)
- having received the . . . . . . . . . . .
in my custody of (name). . . . . . .
(*)
objects described below: . . . . . .
I declare to have given the . . . . . . . . . . .
these objects in the name guard . . . . .
Names . . . . .
home. .
quality or function. . . . .
I declare that while they were in my custody,
- these objects have not been altered (*)
- these objects have undergone the following alteration: (*)
Do it.
Signature
(*) Brush unnecessary mentions.