US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC3505]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                   CHAPTER 223--WITNESSES AND EVIDENCE
 
Sec. 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 arraignment as 
practicable, a party intending to offer in evidence under this section a 
foreign record of regularly conducted activity shall provide written 
notice of that intention to each other party. A motion opposing 
admission in evidence of such record shall be made by the opposing party 
and determined by the court before trial. Failure by a party to file 
such motion before 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 diagnoses, maintained in a 
    foreign country;
        (2) ``foreign certification'' means a written declaration made 
    and signed in a foreign country by the custodian of a foreign record 
    of regularly 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 calling of every kind, whether or not 
    conducted for profit.

(Added Pub. L. 98-473, title II, Sec. 1217(a), Oct. 12, 1984, 98 Stat. 
2165.)


                             Effective Date

    Section 1220 of part K (Secs. 1217-1220) of chapter XII of title II 
of Pub. L. 98-473 provided that: ``This part and the amendments made by 
this part [enacting this section and sections 3292, 3506, and 3507 of 
this title and amending section 3161 of this title] shall take effect 
thirty days after the date of the enactment of this Act [Oct. 12, 
1984].''