Page:United States Statutes at Large Volume 49 Part 2.djvu/1834

3840 LETTERR ROGATORY-SOVIET SOCIALIST REPUBLICS. NoveILber 22, iii:).' >. E:rchange oj notes between the Cnited States (if ..:lmerica (J lid the en ion oj SOl'ict Sociarist Republics concem'ing execution oj leiters rogatory. Signed November 22,1935. The American Ambassador (Bullitt) to the People's Commissar for Foreign Affairs (Litvinoff) EXCELLENCY: El\lB.\SSY OF THE UNITED STATES OF AMERICA, l.l!oscow, November 22, 1935. Exchange of notes Confirming conversations between the American Embassy in Mos- w!th the Union of I'C .. F' Air" d BovietSooialistHepub- cow and the Peop e s ommlssanat for 'oreIgn aIrs WIth regar lies concerning the ex& • b" f . f dfIId' ooUon o~ letters roga- to the deSlra Ihty 0 settmg orth the proce ure 0 owe m our tory. respective countries in the matter of the execution of letters rogatory issuing out of courts in the other, I have the honor to inform you of the conditions under which and the manner in which courts in the United States may execute letters rogatory issuing out of courts in the Union of Soviet Socialist Republics. (1) Letters rogatory issuing out of courts in foreign countries are executed in the United States in accordance with the pertinent pro- visions of the laws of the United States, or of the State or Territory thereof in which resides the person whose testimony is desired, and in compliance with the rules of the executing court. The Govern- ment of the United States is, accordingly, not in a position to set forth with precision what may be the requirements of a particular court in the United States at a given time in respect of the execution of letters rogatory issuing out of a court in a foreign country. There are appended, however, copies of the texts of federal statutory pro- visions now in force which relate to the taking of testimony under commissions or letters rogatory addressed by foreign courts to fed- eral courts of the United States. It is understood that it is the practice of American courts of ap- propriate jurisdiction to execute letters rogatory issuing out of foreign courts, if properly prepared and presented, and that no difficulty is likely to be encountered by Soviet courts in obtaining the execution of letters rogatory by Ameriean courts. However, should a Soviet court encounter such difficulty, my Government would, it is understood, upon itE attention being drawn thereto through the diplomatic channel, consider what steps it might appro- priately take with a view to eliminating the difficulty. (2) With respect to the question of the manner of transmittal of letters rogatory issuing out of courts in the Union of Soviet Socialist RepUblics and addressed to courts in the United States, I have the honor to say that neither the Department of State nor any other