18 U.S.C. § 3505 : US Code - Section 3505: Foreign records of regularly conducted activity

Search 18 U.S.C. § 3505 : US Code - Section 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.