§ 42.52 Compelling testimony and production.
(a)Authorization required. A seeking to compel testimony or production of documents or things must file a for authorization. The must describe the general relevance of the testimony, document, or thing, and must:
(1) In the case of testimony, identify the witness by name or title; and
(2) In the case of a document or thing, the general nature of the document or thing.
(b)Outside the United States. For testimony or production sought outside the United States, the must also:
(1)In the case of testimony.
(i) Identify the foreign country and explain why the believes the witness can be compelled to testify in the foreign country, including a description of the procedures that will be used to compel the testimony in the foreign country and an estimate of the time it is expected to take to obtain the testimony; and
(ii) Demonstrate that the has made reasonable efforts to secure the agreement of the witness to testify in the United States but has been unsuccessful in obtaining the agreement, even though the has offered to pay the travel expenses of the witness to testify in the United States.
(2)In the case of production of a document or thing.
(i) Identify the foreign country and explain why the believes production of the document or thing can be compelled in the foreign country, including a description of the procedures that will be used to compel production of the document or thing in the foreign country and an estimate of the time it is expected to take to obtain production of the document or thing; and
(ii) Demonstrate that the has made reasonable efforts to obtain the agreement of the individual or entity having possession, custody, or control of the document or thing to produce the document or thing in the United States but has been unsuccessful in obtaining that agreement, even though the has offered to pay the expenses of producing the document or thing in the United States.