June 11, 1984
To the Senate of the United States:
With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty between the United States of America and the Italian Republic on Mutual Assistance in Criminal Matters, together with a related Memorandum of Understanding, signed at Rome on November 9, 1982.
I transmit also, for the information of the Senate, the report of the Department of State with respect to the Treaty.
The Treaty is one of a series of modern mutual assistance treaties being negotiated by the United States. This Treaty contains two major innovations: compulsory testimony in the requesting State in appropriate cases and the immobilization and forfeiture of assets. The former is of great importance in insuring complete trials in an age of rapidly increasing levels of international criminal activity. The latter is of great importance in depriving international criminals of the fruits of their crimes. The Treaty primarily utilizes existing statutory authority, but will require implementing legislation for the provision concerning forfeiture of assets.
The Treaty provides for a broad range of cooperation in criminal matters. Mutual assistance available under the Treaty includes: (1) executing requests relating to criminal matters; (2) taking of testimony or statements of persons; (3) effecting the production and preservation of documents, records, or articles of evidence; (4) serving judicial documents; (5) requiring the appearance of a witness before a court of the requesting Party; (6) locating persons; and (7) providing judicial records, evidence, and information.
I recommend that the Senate give early and favorable consideration to the Treaty and give its advice and consent to ratification.
The White House,
June 11, 1984.