If an essential witness is abroad and is not subject to a subpoena (e.g., is a U.S. person unwilling to come to the United States to testify or is not a U.S. person), the prosecutor may attempt to proceed by means of a deposition. See Fed. R. Crim. P. 15 and 18 U.S.C. § 3503. Prosecutors must consult with OIA about arranging a deposition overseas.

[updated April 2018]