The Treaty covers mutual legal assistance in criminal matters.
In recent years, similar bilateral treaties have entered into force
with a number of other countries. The Treaty with Ukraine contains all essential provisions sought by the United States. It will
enhance our ability to investigate and prosecute a range of offenses. The Treaty is designed to be self-executing and will not require new legislation.
Article 1 sets forth a non-exclusive list of the major types of assistance to be provided under the Treaty, including taking the testimony or statements of persons; providing documents, records and
other items of evidence; locating or identifying persons or items;
serving documents; transferring persons in custody for testimony or
other purposes; executing requests for searches and seizures; assisting in proceedings related to immobilization and forfeiture of
assets, restitution, and collection of fines; and, rendering any other
form of assistance not prohibited by the laws of the Requested
State. The scope of the Treaty includes not only criminal offenses,
but also proceedings related to criminal matters, which may be
civil or administrative in nature.
Article 1(3) states that assistance shall be provided without regard to whether the conduct involved would constitute an offense
under the laws of the Requested State.
Article 1(4) states explicitly that the Treaty is not intended to
create rights in private parties to obtain, suppress, or exclude any