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a) specify the time and place for the taking of a declaration or the production of books,
papers, records, and other tangible property;
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b) permit the presence of individuals designated by the competent authority of the applicant
Party as being involved in or affected by execution of the request, including an accused,
counsel for the accused, individuals charged with the administration and enforcement
of domestic laws of the applicant Party covered by this Agreement, and a commissioner
or magistrate present for the purpose of rendering evidentiary rulings or determining
issues of privilege under the laws of the applicant Party;
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c) provide individuals permitted to be present with an opportunity to question, directly
or through the executing authority, the individual giving a declaration or producing
books, papers, records, and other tangible property;
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d) secure original and unedited books, papers, records, and other tangible property;
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e) secure or produce true and correct copies of original and unedited books, papers,
and records;
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f) determine the authenticity of books, papers, records, and other tangible property
produced;
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g) examine the individual producing books, papers, records, and other tangible property
regarding the purpose for which and the manner in which the item produced is or was
maintained;
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h) permit the competent authority of the applicant Party to provide written questions
to which the individual producing books, papers, records, and other tangible property
is to respond regarding the item produced;
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i) obtain from a person who is qualified by reason of position, authority, and knowledge
a signed certification of the authenticity of such books, papers, records, or other
tangible property that if falsely made would subject the person providing the certification
to criminal penalty under the laws of the requested Party;
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j) ensure both that the individual giving the declaration does so under circumstances
that, if the declaration were falsely given, would subject the individual to criminal
penalty under the laws of the requested Party, and that the individual evidences his
awareness of such circumstances;
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k) perform any other act not in violation of the laws or at variance with the administrative
practice of the requested Party; and
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l) certify either that procedures requested by the competent authority of the applicant
Party were followed or that the procedures requested could not be followed, with an
explanation of the deviation and the reason therefore.