1. (a)

   1. (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—

      1. (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;
      2. (B) such record was kept in the course of a regularly conducted business activity;
      3. (C) the business activity made such a record as a regular practice; and
      4. (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. (2) A foreign certification under this section shall authenticate such record or duplicate.
2. (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.

3. (c) As used in this section, the term—

   1. (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. (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. (3) “business” includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

(Added Pub. L. 98–473, title II, § 1217(a), Oct. 12, 1984, 98 Stat. 2165.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–473, title II, § 1220, Oct. 12, 1984, 98 Stat. 2167, provided that:

“This part [part K (§§ 1217–1220) of chapter XII of title II of

Pub. L. 98–473, enacting this section and sections 3292, 3506, and 3507 of this title and amending

section 3161 of this title] and the amendments made by this part shall take effect thirty days after the date of the enactment of this Act [

Oct. 12, 1984].”