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In this act Article 7 of 14

Article 7 — Procedures for assistance: requests for the taking of a statement from a person

Financial servicesLevel 2ITSMiFID IIIn forceOfficial source

1.Where the Requesting Authority intends to request the taking of a statement of a person, it shall liaise with the authority it intends to send the request to as regards all of the following:
a) any legal limitations or constraints and any differences in procedural requirements;
b) the rights of the persons from which the statements will be taken, including where applicable, any self-incrimination issues;
c) the need for participation of the Requesting Authority's staff as observers or as active participants;
d) the role of the staff of the Requested Authority and Requesting Authority in the taking of the statement;
e) the question of whether the person from which the statement will be taken has the right to be assisted by a legal representative and, if so, the scope of the representative's intervention during the taking of the statement including in relation to any records or report of the statement;
f) the question of whether the statement will be taken on a voluntary or compelled basis;
g) the question of whether the person from which the statement will be taken is a witness or a suspect;
h) the question of whether the statement could be used in criminal proceedings and, if known, whether it will be used in criminal proceedings;
i) the admissibility of the statement in the Requesting Authority's jurisdiction;
j) the recording of the statement and the applicable procedures;
k) procedures on the certification or confirmation of the statement by the person providing the statement, including whether that certification or confirmation is to take place after the statement is taken;
l) the delivery procedure of the statement by the Requested Authority to the Requesting Authority, including the requested format and time period.\

2.The Authorities shall ensure that arrangements are in place for their operational staff to proceed efficiently and, in particular, to agree on all of the following:
a) planning of dates;
b) any additional information that may be necessary;
c) the list of questions to be asked to the person from which the statement will be taken and its review;
d) travelling arrangements, including ensuring that the Authorities are able to meet to discuss the matter prior to the taking of the statement;
e) language arrangements.\