[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.734]



[Page 72-73]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of 

Contents

 

          Subpart D_Trading With the Enemy Act (TWEA) Penalties

 

Sec. 501.734  Introducing prior sworn statements of witnesses into 

the record.



    (a) At a hearing, any person wishing to introduce a prior, sworn 

statement of a witness who is not a party to the proceeding, that is 

otherwise admissible in the proceeding, may make a motion setting forth 

the reasons therefor. If only part of a statement is offered in 

evidence, the Administrative Law Judge may require that all relevant 

portions of the statement be introduced. If all of a statement is 

offered in evidence, the Administrative Law Judge may require that 

portions not relevant to the proceeding be excluded. A motion to 

introduce a prior sworn statement may be granted if:

    (1) The witness is dead;

    (2) The witness is out of the United States, unless it appears that 

the absence of the witness was procured by the party offering the prior 

sworn statement;

    (3) The witness is unable to attend or testify because of age, 

sickness, infirmity, imprisonment or other disability;

    (4) The party offering the prior sworn statement has been unable to 

procure the attendance of the witness by subpoena; or,

    (5) In the discretion of the Administrative Law Judge, it would be 

desirable, in the interests of justice, to allow the prior sworn 

statement to be used. In making this determination, due regard shall be 

given to the presumption that witnesses will testify



[[Page 73]]



orally in an open hearing. If the parties have stipulated to accept a 

prior sworn statement in lieu of live testimony, consideration shall 

also be given to the convenience of the parties in avoiding unnecessary 

expense.