[Editor’s note: The text for this document was released in 2014 by the now-defunct Wikileaks website at https://wikileaks.org/plusd/cables/1978STATE307151_d.html.]
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PAGE 01
STATE 307151
ORIGIN SCS-06
INFO OCT-01 ARA-15 ISO-00 L-03 JUSE-00 /025 R
DRAFTED BY CA;SCS;RDRY:JCC
APPROVED BY CA;SCS;LMDAY
——————025301 060508Z /15
P 052340Z DEC 78
FM SECSTATE WASHDC
TO AMEMBASSY PORT OF SPAIN PRIORITY
UNCLAS STATE 307151
E.O.112065 N/A
TAGS: CGEN
SUBJECT: JUDICIAL ASSISTANCE: OBTAINING BANK RECORDS
1. DEPT JUSTICE HAS ASKED DEPT FOR ASSISTANCE IN ASCERTAINING PROCEDURES FOR OBTAINING BANK RECORDS FROM TRINIDAD AND TOBAGO.
2. ARE BANK RECORDS PUBLIC RECORDS IN TRINDAD AND TOBAGO?
3. CAN BANK RECORDS BE OBTAINED IN ANY MANNER OTHER THAN BY A COURT ORDER, E.G. BY DIPLOMATIC NOTE?
4. IF BANK RECORDS CAN ONLY BE OBTAINED BY LETTERS ROGATORY, WHAT ARE THE EXACT REQUIREMENTS OF GOTT [Government of Trinidad and Tobago] FOR EXECUTION OF LETTERS ROGATORY? E.G. TO WHOM SHOULD LETTERS ROGATORY BE ADDRESSED, IS AUTHENTICATION OF JUDGE’S SIGNATURE BY GOTT EMBASSY OFFICIALS HERE REQUIRED (THERE IS NO SUCH REQUIREMENT IN US LAW)? HOW MUCH TIME IS GENERALLY REQUIRED FOR THE EXECUTION OF LETTERS ROGATORY IN GOTT?
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5. IT MAY BE HELPFUL TO EMBASSY TO REVIEW US PROCEDURES WITH REGARD TO ASSISTANCE WE PROVIDE TO FOREIGN TRIBUNALS. OUR PROCEDURES ARE CONTAINED IN SECRETARY’S CIRCULAR DIPLOMATIC NOTE OF 2/3/76 SENT TO ALL POSTS AS ATTACHMENT TO DEPARTMENT’S A-1357 OF 3/9/76. IT IS ALSO FOUND AT PAGE 306 OF DEPT’S DIGEST OF UNITED STATES PRATICE [PRACTICE] IN INT’L LAW (1976).
6. PLEASE PLACE CRIMINAL DIVISION, DEPARTMENT OF JUSTICE ATTN: JOHN HARRIS, AS INFO ADDRESSEE ON RESPONSE. EMBASSY’S EXPEDITIOUS RESPONSE REQUESTED.
VANCE [Secretary of State Cyrus Vance]
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