Convention on the taking of evidence abroad in civil or commercial matters
Parties with reservations, declarations and objections
Albania
16-07-2010
In accordance with the first paragraph of Article 33 of the Convention, the Republic
of Albania reserves the right to accept for review the letters of request which are
drafted in Albanian language or accompanied by an official translation into Albanian
language.
In accordance with letter "c" of Article 35 of the Convention, the Republic of Albania
declares that it shall not execute the letters of request issued for the purpose of
obtaining pre-trial discovery of documents as known in Common Law countries.
Andorra
26-04-2017
Reservation:
Pursuant to Article 4, paragraph 2, it will only accept Letters of Request drawn up
in the Catalan, Spanish or French languages or accompanied by a translation into one
of these languages.
Declarations:
1. The Principality of Andorra designates the Ministry of Justice as the Central Authority
provided for in Article 2 and the authority competent to authorize the members of
the judicial personnel of the requesting authority to be present at the execution
of a Letter of Request in accordance with Article 8:
Postal address:
Ministry of Social Affairs, Justice and Interior
Edifici administratiu de l’Obac
Ctra. de l'Obac
AD700 Escaldes-Engordany
Principality of Andorra
Tel. : +376 872 080
Fax : +376 864 950
Email: interior _gov@andorra .ad
2. Pursuant to Article 15, paragraph 2, evidence may be taken by diplomatic officers
or consular agents only with the prior permission of the Central Authority.
3. Pursuant to Articles 16 and 17, the Central Authority is designated as the competent
authority to permit, where applicable:
- the diplomatic officers or consular agents of a Contracting State, to take evidence,
without compulsion, involving persons other than nationals of that State in aid of
proceedings commenced in the courts of the State which they represent;
- the persons duly appointed as commissioners, to take evidence, without compulsion,
in aid of proceedings commenced in the courts of a Contracting State.
This permission, which will be on a case-by-case basis, is subject, if necessary,
to special conditions and must be subject to the following general conditions:
a) the taking of evidence must take place exclusively on the premises of the diplomatic
or consular representations if they are located in the Andorran territory or at the
place decided by the Central Authority in the other cases;
b) the date and time of the taking of evidence must be notified in good time to the
Central Authority to enable it to be represented;
c) a request to persons to appear or to give evidence shall be drawn up in the Catalan
language or accompanied by a translation into such language. This request shall mention
that the investigation is carried out in accordance with the provisions of the Hague
Convention of 18 March 1970 on the Taking
of Evidence Abroad in Civil or Commercial Matters and shall fall within the scope
of a judicial proceeding before a designated court of the requesting State. The request
shall also contain the
references provided for in Article 21 of the Convention. A copy of the request shall
be sent to the Central Authority, who will also be informed of any difficulties.
4. With regard to Article 8, the presence of the members of the judicial personnel
of the requesting authority shall be possible only after obtaining the authorization
of the Central Authority.
5. Pursuant to Article 23, Letters of Request issued for the procedure known as obtaining
pre-trial discovery of documents will not be executed.
Argentina
03-09-1980
The Argentine Government declares that the extension of the[...] Convention on the
Taking of Evidence Abroad in Civil or Commercial Matters (18-03-1970), made by the
United Kingdom of the Islas Malvinas, Georgias del Sur and Sandwich del Sur, identified
by Great Britain as Falkland Islands and its Dependencies, does not affect the Rights
of the Argentine Republic on the mentioned archipelago.
The illicitness of the action of the United Kingdom (occupation by force of the Islands
in 1833 and expulsion of the local inhabitants) has been constantly pointed out by
the Republic of Argentina. Likewise, the U.N. in its G.A. resolutions 2065(XX), 3160(XXVIII)
and 31/49 has urged both Governments to accelerate the negotiations on the existing
sovereignty dispute, so as to put an end to the present colonial situation.
Objection United Kingdom, 06-01-1981
The Government of the United Kingdom of Great Britain and Northern Ireland have no
doubt as to United Kingdom sovereignty over the Falkland Islands and their Dependencies.
The United Kingdom is fully entitled to include them within the scope of application
of international agreements to which it is a party. The United Kingdom therefore cannot
accept the Argentine declaration referred to above in so far as it purports to question
the right of the United Kingdom to extend the said Conventions to the Falkland Islands
and their Dependencies nor can it accept that the Government of the Argentine Republic
has any right in this regard.
The United Kingdom further does not accept the implied assertion in the last paragraph
of the Argentine declaration that the United Nations has pointed out the "illicitness
of the action of the United Kingdom (occupation by force of the Islands in 1833 and
expulsion of the local inhabitants)". United Nations resolutions have simply called
for the settlement of the dispute by negotiation between the two Governments.
08-05-1987
The Argentine Republic totally excludes the application of the provisions of paragraph
2 of Article 4, as well as those of Chapter II.
The Argentine Republic will not execute Letters of Request issued for the purpose
of obtaining pre-trial discovery of documents as known in the Common Law Countries.
The Argentine Republic rejects the extension of the application of the Convention
regarding the Taking of Evidence Abroad in Commercial or Civil Matters adopted in
The Hague on 18 March 1970, to the Malvinas Islands, South Georgias and the South
Sandwich Islands as was notified by the United Kingdom of Great Britain and Northern
Ireland to the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 23
November 1979, and reaffirms its sovereign rights over the Malvinas Islands, South
Georgias and the South Sandwich Islands, which form an integral part of its national
territory.
The General Assembly of the United Nations has adopted resolutions 2065 (XX), 3160
(XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21 and 41/40 in which is recognised that there
exists a dispute over the sovereignty concerning the question of the Malvinas Islands
and in which the Argentine Republic and the United Kingdom of Great Britain and Northern
Ireland are urged to continue negotiating in order to find, as soon as possible, a
peaceful and definitive solution to the dispute, through the good offices of the Secretary
General of the United Nations who shall inform the General Assembly about the progress
achieved.
Furthermore the Argentine Republic rejects the acceptance declared by the United Kingdom
of Great Britain and Northern Ireland on 19 June 1986, on behalf of the Malvinas Islands,
South Georgias and the South Sandwich Islands, regarding the accession by the Principality
of Monaco to the aforementioned Convention.
Objection United Kingdom, 18-08-1987
The Government of the United Kingdom of Great Britain and Northern Ireland has no
doubt as to the United Kingdom's sovereignty over the Falkland Islands or South Georgia
and the Sandwich Islands and is fully entitled to include those territories within
the scope of application of international agreements to which it is a party. The United
Kingdom therefore cannot accept the Argentine declaration in so far as it purports
to question the right of the United Kingdom to extend the Convention to the Falkland
Islands or South Georgia and the South Sandwich Islands; nor can it accept that the
Government of the Argentine Republic has any right in this regard.
The above applies equally to the rejection by the Government of the Argentine Republic
in the said declaration of the acceptance by the United Kingdom in respect of the
Falkland Islands and South Georgia and the South Sandwich Islands of the accession
of Monaco to the Convention.
11-04-1988
With respect to the acceptance by the United Kingdom of Great Britain and Northern Ireland of the adhesion of the Argentine Republic to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, declared by Note dated February 12, 1988, the Argentine Government rejects the pretended acceptance of said Convention formulated for the Malvinas Islands, South Georgias Islands and South Sandwich Islands and reaffirms the sovereignty of the Argentine Republic over said Islands, that are an integral part of the national territory.
Objection United Kingdom, 08-07-1988
The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to the United Kingdom's sovereignty over the Falkland Islands or South Georgia and the South Sandwich Islands and are fully entitled to include those territories within the scope of application of international agreements to which they are a party. The United Kingdom, therefore, cannot accept the Argentine declaration which purports to question the right of the United Kingdom to extend the Convention to the Falkland Islands or South Georgia and the South Sandwich Islands; nor can it accept that the Government of the Argentine Republic has any right in this regard.
29-12-2020
… in connection with the notification dated 2 November 2020 by which the Depositary
indicates that the United Kingdom of Great Britain and Northern Ireland has accepted
on behalf of the Malvinas Islands the accession of Croatia, Hungary, Lithuania, Malta,
Romania and Slovenia to the Convention.
The Government of the Argentine Republic wishes to recall that the Malvinas Islands,
South Georgia and the South Sandwich Islands and the surrounding maritime areas are
an integral part of the Argentine national territory and that, being under illegitimate
British occupation, are the subject of a sovereignty dispute between the two countries,
which is recognized by Resolution 2065 (XX) and subsequent resolutions of the United
Nations General Assembly and 38 resolutions of the Special Committee on Decolonization,
as well as by other international organizations and fora.
The Argentine Republic recalls that at the time of its accession it rejected the claim
notified by the United Kingdom of Great Britain and Northern Ireland to extend to
the Malvinas Islands, South Georgia and South Sandwich Islands and the surrounding
maritime areas the application of the Convention on the Taking of Evidence Abroad
in Civil or Commercial Matters. Similarly, the Argentine Republic rejected the acceptance
of accession by the Principality of Monaco, which was formulated on 19 June 1986 by
the United Kingdom of Great Britain and Northern Ireland on behalf of the Malvinas
Islands, South Georgia and the South Sandwich Islands.
In the light of those precedents, the Argentine Republic emphatically rejects the
United Kingdom's claim to include the Malvinas Islands in the acceptance and entry
into force of the Convention for Croatia, Hungary, Lithuania, Malta, Romania and Slovenia.
Armenia
27-06-2012
In accordance with Article 33 of the Convention, Republic of Armenia makes the following
reservation:
- Republic of Armenia excludes, in whole, the application of the provisions of paragraph
2 of Article 4 of the Convention.
Republic of Armenia makes the following declarations:
- In accordance with Article 8 of the Convention, Republic of Armenia declares that
members of the judicial personnel of the requesting authority of another Contracting
State may be present at the execution of a Letter of Request only with prior authorization
by the competent authorities of the Republic of Armenia;
- In accordance with Articles 16 and 17 of the Convention, Republic of Armenia declares
that a diplomatic officer or consular agent and a person duly appointed as a commissioner
may take the evidence in the territory of the Republic of Armenia without compulsion
with prior permission by the competent authorities and on the conditions which competent
authority has specified;
- In accordance with Article 18 of the Convention the Republic of Armenia declares
that a diplomatic officer or consular agent and commissioner authorized to take evidence
under Articles 15, 16 or 17 may apply to the competent authority of the Republic of
Armenia for appropriate assistance to obtain testimony by compulsion;
- In accordance with Article 23 of the Convention, the Republic of Armenia will not
execute Letters of Request issued for the purpose of obtaining pre-trial discovery
of documents as known in Common Law countries.
Australia
23-10-1992
Pursuant to Article 33, it excludes the operation of paragraph 2 of Article 4.
The Government of Australia hereby declares, for and on behalf of Australia, that:
- pursuant to Article 8, members of the judicial personnel of the requesting authority
of another Contracting State may be present at the execution of a letter of Request,
subject to prior authorisation by the judicial authority executing the Letter of Request;
- pursuant to Article 15, evidence may be taken by a diplomatic officer or consular
agent only if permission to that effect is given upon application to the Secretary
of the Attorney-General's Department of the Commonwealth of Australia;
- pursuant to Article 23, it will not execute Letters of Request issued for the purpose
of obtaining pre-trial discovery of documents as known in Common Law Countries.
Belarus
07-08-2001
Reservation:
The Republic of Belarus excludes, in whole, the application of the provisions of the
paragraph 2 of the Article 4 of the Convention.
Declarations:
1. In accordance with the Article 8 of the Convention the Republic of Belarus declares
that the members of the judicial personnel of another Contracting States may be present
at the execution of a letter of Request in civil or commercial matters with prior
authorization by the competent authorities of the Republic of Belarus.
2. In accordance with Articles 16 and 17 of the Convention the Republic of Belarus
declares that a diplomatic officer or consular agent and a person duly appointed as
a commissioner may take the evidence in the territory of the Republic of Belarus in
civil and commercial matters without compulsion with prior permission by the competent
authorities and on the conditions which competent authorities has specified.
3. In accordance with Article 18 of the Convention the Republic of Belarus declares
that a diplomatic officer or consular agent and commissioner authorized to take evidence
under Articles 15, 16 or 17 may apply to the competent authority of the Republic of
Belarus for appropriate assistance to obtain the evidence in civil and commercial
matters by compulsion.
Brazil
09-04-2014
[...], the National Congress has approved the text of the Convention [...], under the reservation referred to in [...] Article 4, second paragraph, and Chapter II, pursuant to its Article 33, along with the declarations under its Articles 8 and 23.
Bulgaria
23-11-1999
Reservation on article 33:
The Republic of Bulgaria excludes the application within its territory of the provisions
of:
- article 4, paragraph 2;
- articles 16, 17, 18 and 19 of Chapter II of the Convention.
Declaration on article 8:
Representatives of the judicial authority of the requesting State may be present at
the execution of Letters of Request after prior consent of the competent Bulgarian
authority.
Declaration on article 11, paragraph 2:
The judge which executes a Letter of Request is competent to recognize the privileges
and duties to refuse to give evidence existing under the law of a third State provided
that the Letter of Request contains information about the privileges and duties to
refuse to give evidence under the law of that third State necessary to the application
of article 11, paragraph 2.
Declaration on article 23:
The Republic of Bulgaria declares that it will not execute Letters of Request issued
for the purpose of obtaining pre-trial discovery of documents as known in Common Law
countries.
China
16-06-1997
In accordance with the Joint Declaration of the Government of the People's Republic
of China and the Government of the United Kingdom of Great Britain and Northern Ireland
on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as
the "Joint Declaration"), the People's Republic of China will resume the exercise
of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect
from that date, become a Special Administrative Region of the People's Republic of
China and will enjoy a high degree of autonomy, except in foreign and defence affairs
which are the responsibilities of the Central People's Government of the People's
Republic of China.
It is provided both in Section XI of Annex I to the Joint Declaration, "Elaboration
by the Government of the People's Republic of China of its Basic Policies Regarding
Hong Kong", and Article 153 of the Basic Law of the Hong Kong Special Administrative
Region of the People's Republic of China, which was adopted on 4 April 1990 by the
National People's Congress of the People's Republic of China, that international agreements
to which the People's Republic of China is not a party but which are implemented in
Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.
In accordance with the above provisions, I am instructed by the Minister of Foreign
Affairs of the People's Republic of China to make the following notification:
The Convention on Taking of Evidence Abroad in Civil or Commercial Matters done at
the Hague on 18 March 1970 (hereinafter referred to as the "Convention"), by which
the Government of the Kingdom of the Netherlands is designated as the depository,
which applies to Hong Kong at present, will continue to apply to the Hong Kong Special,
Administrative Region with effect from 1 July 1997.
The Government of the People' s Republic of China also makes the following declarations:
1. With reference to the provisions of Article 16 of the Convention, the diplomatic
officer or consular agent of the other Contracting State will not be permitted to
take the evidence of nationals of the People's Republic of China or of a third State
in the Hong Kong Special Administrative Region.
2. It declares, in accordance with Article 23 of the Convention, the Hong Kong Special
Administrative Region will not execute the "Letters of Request issued for the purpose
of obtaining pre-trial discovery of documents". The "Letters of Request issued for
the purpose of obtaining pre-trial discovery of documents" for the purpose of the
foregoing Declaration include any Letter of Request which requires a person:
1) to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
2) to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested Court to be, or to be likely
to be, in his possession, custody or power.
4. In accordance with Articles 4 and 33 of the Convention, the Hong Kong Special Administrative
Region will not accept a Letter of Request in the French language.
Within the above ambit, responsibility for the international rights and obligations
of a party to the Convention will be assumed by the Government of the People's Republic
of China.
08-12-1997
In accordance with Article 23 of the Convention concerning the Letters of Request
issued for the purpose of obtaining pre-trial discovery of documents as known in common
Law countries, only the request for obtaining discovery of the documents clearly enumerated
in the Letters of Request and of direct and close connection with the subject matter
of the litigation will be executed;
In accordance with Article 33 of the Convention, the provisions of Chapter II of the
Convention except for Article 15 will not be applicable.
The accession will have no effect on the notification and the accompagnied declarations
contained in the Embassy Note No. He Wai Fa (97)-53 dated on 10 June, 1997 concerning
the application of the Convention in the Hong Kong Special Administrative Region of
the People's Republic of China.
In accordance with the provisions of Article 4 and Article 33 of the Convention, Hong
Kong will not accept a Letter of Request in French.
16-12-1999
In accordance with the Joint Declaration of the Government of the People's Republic
of China and the Government of the Republic of Portugal on the Question of Macao signed
on 13 April 1987, the Government of the People's Republic of China will resume the
exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from
that date, become a Special Administrative Region of the People's Republic of China
and will enjoy a high degree of autonomy, except in foreign and defence affairs which
are the responsibilities of the Central People's Government of the People's Republic
of China.
In this connection, I am instructed by the Minister of Foreign Affairs of the People's
Republic of China, to inform Your Excellency of the following:
The Convention on the taking of evidence abroad in civil or commercial matters, concluded
at The Hague on 18 March 1970 (hereinafter referred to as the Convention), to which
the Government of the People's Republic of China deposited the instrument of accession
on 8 December 1997, shall apply to the Macao Special Administrative Region with effect
from 20 December 1999.
The Government of the People's Republic of China also wishes to make the following
declaration:
In accordance with Article 23 of the Convention, it declares that the Macao Special
Administrative Region will not execute Letters of Request issued for the purpose of
obtaining pre-trial discovery of documents known in Common Law countries.
In accordance with Article 33 of the Convention, it declares that the provisions of
Chapter II of the Convention except for Article 15 will not be applicable in the Macao
Special Administrative Region;
Paragraph 2 of Article 4 of the Convention will not be applicable in Macao Special
Administrative Region.
The Government of the People's Republic of China shall assume the responsibility for
the international rights and obligations arising from the application of the Convention
to the Macao Special Administrative Region.
01-11-2000
[...] In accordance with paragraph 3 of Article 4 of the Convention, it declares that the Macao Special Administrative Region will only accept Letters of Request in either Chinese or Portuguese, or those accompanied by a translation in either Chinese or Portuguese.
17-08-2005
In accordance with the relevant provisions of the Basic Law of the Special Administrative Region of Hong Kong of the People's Republic of China and the Basic Law of the Special Administrative Region of Macao of the People's Republic of China, the [...] acceptance [of Romania] applies to both the Special Administrative Region of Hong Kong and the Special Administrative Region of Macao.
Croatia
01-10-2009
Reservation concerning Article 4, paragraph 2, and Articles 16 and 18 of the Convention
In accordance with Article 33, paragraph 1, of the Convention, the Republic of Croatia
excludes the application of the provisions of Article 4, paragraph 2 and Articles
16 and 18 of the Convention.
Declaration concerning Article 8 of the Convention
In accordance with Article 8 of the Convention, the Republic of Croatia declares that
the judicial personnel of the requesting State may be present at the execution of
a Letter of Request, with the prior authorisation of the Ministry of Justice of the
Republic of Croatia.
Declaration concerning Article 15 of the Convention
In accordance with Article 15 of the Convention, the Republic of Croatia declares
that a diplomatic officer or consular agent of a Contracting State may in the territory
of the Republic of Croatia take evidence without compulsion, in aid of the proceedings
commenced before courts of the State he represents, without the prior permission of
the Croatian Central Authority, provided that taking evidence is only related to a
person who is a national of the State he represents.
Declaration concerning Article 23 of the Convention
In accordance with Article 23 of the Convention, the Republic of Croatia declares
that it will not execute Letters of Request issued for the purpose of pre-trial discovery
of documents as known in Common Law countries.
Cyprus
15-05-1984
The Republic of Cyprus makes the following declarations:
In accordance with Article 18 the Republic of Cyprus declares that a diplomatic officer,
consular agent or commissioner authorised to take evidence under Articles 15, 16 or
17 may apply to the Competent Authority for appropriate assistance to obtain such
evidence by compulsion as prescribed by the law for internal proceedings, provided
that the requesting Contracting State has made a declaration affording reciprocal
facilities under Article 18.
In accordance with Article 23, the Government of the Republic of Cyprus declares that
the Republic of Cyprus will not execute Letters of Request issued for the purpose
of obtaining pre-trial discovery of documents. The Government of the Republic of Cyprus
further declares that the Republic of Cyprus understands 'Letters of Request issued
for the purpose of obtaining pre-trial discovery of documents' for the purposes of
the foregoing declaration as including any Letter of Request which requires a person:
a. to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
b. to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested court to be, or likely to
be, in his possession, custody or power.
The Republic of Cyprus makes the following reservations:
1. In accordance with Article 8 the Republic of Cyprus declares that members of the
judicial personnel of the requesting authority may be present at the execution of
a Letter of Request.
2. In accordance with the provisions of article 33 the Republic of Cyprus will not
accept a Letter of Request in French.
Objection Portugal, 26-07-1984
1. With regard to declarations made by the Republic of Cyprus:
a. The designation of the Ministry of Justice as competent authority within the meaning
of article 2 of the Convention has already been published in the Official Journal
of the Portuguese Republic of 5 June 1984, based on the Cypriot declaration of 3 May
1984.
b. The designation of the same Ministry of Justice as competent authority within the
meaning of articles 16 and 17 of the Convention, and the designation of the Supreme
Court as competent authority within the meaning of article 18 of the Convention do
not concern Portugal, given that these three articles have been excluded under the
reservations entered by Portugal. They do not therefore give rise to publication of
a 'notice' in the Official Journal of the Portuguese Republic.
2. With regard to the declaration on Article 23, including reservations 1 and 2:
a. In the view of the Portuguese authorities, since this declaration on the part of
Cyprus was not provided for by the Convention, it will not be necessary for Portugal
to declare its acceptance or otherwise. No 'notice' will therefore be published in
the Official Journal.
b. The position of the Republic of Cyprus as set out in reservation 1 will be the
subject of a 'notice' to be published in the Official Journal.
c. In the case of reservation 2, the Portuguese authorities take the view (as does
the depositary state) that this reservation could not have been formulated on that
occasion in view of the provisions of article 33 of the Convention. It should not
therefore be accepted.
Czech Republic
01-01-1993
The Czech Republic maintains the declarations made by Czechoslovakia.
Czechoslovakia (<01-01-1993)
06-02-1975
The Socialist Republic of Czechoslovakia declares, with reference to Article 16 of
the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, concluded
at The Hague on 18 March 1970, that evidence may be taken in accordance with Chapter
II without its prior permission provided the principle of reciprocity is applied.
The Socialist Republic of Czechoslovakia also declares, in connection with Article
18 of the said Convention, that a diplomatic officer, consular agent or commissioner
authorized to take evidence under Articles 15, 16 and 17, may request the competent
Czechoslovak court or the Czechoslovak State notary to carry out procedural action
and that such a diplomatic officer, consular agent or commissioner will transmit the
dossier to that court or notary through the intermediary of the Minister of Justice
of the Czech Socialist Republic in Prague or the Minister of Justice of the Slovak
Socialist Republic in Bratislava, provided the principle of reciprocity is applied.
The Socialist Republic of Czechoslovakia wishes to state, in connection with Article
40 of the Convention according to all States the right to declare that the Convention
shall be applicable to all territories for the international relations of which it
is responsible, that keeping certain countries in a state of dependence is in its
opinion contrary to the spirit and objectives of the United Nations Declaration of
14 December 1960 on the granting of independence to colonial countries and peoples,
which declares the necessity for a speedy and unconditional end to colonialism in
all its forms.
12-05-1976
Ratification with similar declarations as made on the occasion of the signature.
Denmark
20-06-1972
1) Availing itself of the provisions laid down in Article 33, the Danish Government
hereby declares, in accordance with Article 4, that Denmark will not accept Letters
of Request which are sent in French.
2) Availing itself of the provisions laid down in Article 33, the Danish Government
hereby declares, in accordance with Article 17, that Denmark will not accept the taking
of evidence by commissioners.
Article 4: Letters of Request may be sent in Norwegian and Swedish, and Denmark accepts
no obligation to return evidence taken in other languages than Danish.
Article 8: Members of the judicial personnel of the requesting authority of another
contracting State may be present at the execution of a Letter of Request if they have
obtained prior authorization from the competent Danish authority.
Article 15: A diplomatic officer or consular agent may take evidence if he has been
authorized to do so by the Ministry of Justice.
Article 23: Letters of Requests issued for the purpose of obtaining pre-trial discovery
of documents may not be executed in Denmark.
Article 27a: As has been the case hitherto, Letters of Request may be transmitted
directly to the competent Danish court by the consular agents of foreign States.
23-07-1980
The declaration made by the Kingdom of Denmark in accordance with Article 23 concerning
"Letters of Request issued for the purpose of obtaining pre-trial discovery of documents"
shall apply to any Letter of Request which requires a person:
a. to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, other than particular documents specified
in the Letter of Request; or
b. to produce any documents other than particular documents which are specified in
the Letter of Request, and which are likely to be in his possession.
El Salvador
19-01-2023
1) El Salvador excludes in its totality the application of the provisions of the second
paragraph of article 4, and declares: “that, in accordance to the fourth paragraph
of the same article, Letters of Request that are sent to its Central Authority or
to its judicial authorities will have to be redacted in Spanish or be presented accompanied
of a translation to said language”.
2) El Salvador excludes in its totality the application of the provisions contained
in articles 15 to 22, contained in Chapter II. “Taking of Evidence by Diplomatic Officers,
Consular Agents and Commissioners”.
Estonia
02-02-1996
1) On the basis of Article 8 the judges of the pursuing state have the right to participate
in the process operation to the preceding consent of the Ministry of Justice of the
Republic of Estonia;
2) on the basis of Article 11, a person may refuse to participate in the taking of
evidence or process operation, in case he has the right or commitment to it in accordance
with the laws of his home-state;
3) on the basis of Article 23 the Republic of Estonia fulfills a requisition where
the producing of the document or its copy is requested if it corresponds to the following
requirements:
a) process has been launched;
b) documents have been reasonably identified according to the dates, the contents
or other information;
c) circumstances have been indicated giving ground to presume that the documents are
in the property, possession of the person or known to him.
30-04-2019
Estonia takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding
the application of the Convention Abolishing the Requirement of Legalisation for Foreign
Public Documents (1961), the Convention on the service abroad of judicial and extrajudicial
documents in civil or commercial matters (1965), the Convention on the taking of evidence
abroad in civil or commercial matters (1970), the Convention on the Civil Aspects
of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (1996) to the Autonomous Republic of Crimea
and the city of Sevastopol and of the Declarations submitted by the Russian Federation
on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Estonia declares,
in line with the conclusions of the European Council of 20/21 March 2014, that it
does not recognise the illegal referendum in Crimea and the illegal annexation of
the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above-mentioned Conventions, Estonia therefore
considers that the conventions in principle continue to apply to the Autonomous Republic
of Crimea and the city of Sevastopol as part of the territory of Ukraine.
Estonia further notes the Declaration by Ukraine that the Autonomous Republic of Crimea
and the city of Sevastopol are temporarily not under the control of Ukraine and that
the application and implementation by Ukraine of its obligations under the Conventions
is limited and not guaranteed in relation to this part of Ukraine's territory, and
that only the central authorities of Ukraine in Kyiv will determine the procedure
for relevant communication.
As a consequence of the above, Estonia declares that it will not engage in any direct
communication or interaction with authorities in the Autonomous Republic of Crimea
and the city of Sevastopol and will not accept any documents or requests emanating
from such authorities or through the authorities of the Russian Federation, but will
only engage with the central authorities of Ukraine in Kyiv for the purposes of the
application and implementation of the conventions.
Finland
07-04-1976
1. In conformity with Article 33, Finland enters a reservation to paragraph 2 of Article
4 to the effect that Letters of Request in the English or French languages will not
be accepted.
2. Swedish is the second official language of Finland. Finland will therefore in accordance
with paragraph 1 of Article 4 accept Letters of Request in the Swedish language. The
answer shall be given in the Swedish language if in connection with the Letter of
Request this has been specifically requested.
3. A member of the judicial personnel of the requesting authority may in accordance
with Article 8 be present at the execution of a Letter of Request, provided that the
Finnish Ministry of Justice has given its consent.
4. The evidence referred to in Articles 16 and 17 of the Convention may be taken without
the prior permission of the Finnish authorities.
5. Finland is not going to execute Letters of Request referred to in Article 23 issued
for the purpose of obtaining pre-trial discovery of documents as known in Common Law
countries.
12-12-1980
The Government of Finland communicated the withdrawal in part of the reservation to
Article 4, paragraph 2, made at the time of ratification. The Government of Finland
hereafter accepts the Letters of Request done in or translated into the English language.
In accordance with Article 35, sub c, the Finnish Government made the following declaration:
By accepting Letters of Request in English, the Republic of Finland does not undertake
to execute the request, or transmit the evidence thus obtained in the English language,
nor to have translated the documents which establish the execution of the Letter of
Request.
Furthermore the Government of Finland modified the declaration concerning Article
23 of the above-mentioned Convention made at the time of ratification. The modified
declaration is worded as follows:
The declaration made by the Republic of Finland in accordance with Article 23 concerning
"Letters of Request issued for the purpose of obtaining pre-trial discovery of documents"
shall apply only to Letters of Request which require a person:
a) to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
b) to produce any documents other than particular documents specified in the Letter
of Request, which are likely to be in his possession, custody or power.
19-09-2018
The Government of Finland takes note of the Declarations submitted by Ukraine on 16
October 2015 regarding the application of the Convention on Civil Procedure (1954),
the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents
(1961), the Convention on the service abroad of judicial and extrajudicial documents
in civil or commercial matters (1965), the Convention on the taking of evidence abroad
in civil or commercial matters (1970), the Convention on the Civil Aspects of International
Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition,
Enforcement and Co-operation in Respect of Parental Responsibility and Measures for
the Protection of Children (1996) and the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous Republic
of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian
Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Finland declares,
in line with the conclusions of the European Council of 20/21 March 2014, that it
does not recognise the illegal referendum in Crimea and the illegal annexation of
the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Finland therefore considers
that the conventions in principle continue to apply to the Autonomous Republic of
Crimea and the city of Sevastopol as part of the territory of Ukraine.
Finland further notes the Declaration by Ukraine that the Autonomous Republic of Crimea
and the city of Sevastopol are temporarily not under the control of Ukraine and that
the application and implementation by Ukraine of its obligations under the Conventions
is limited and not guaranteed in relation to this part of Ukraine's territory, and
that only the central authorities of Ukraine in Kyiv will determine the procedure
for relevant communication.
As a consequence of the above, Finland declares that it will not engage in any direct
communication or interaction with authorities in the Autonomous Republic of Crimea
and the city of Sevastopol and will not accept any documents or requests emanating
from such authorities or through the authorities of the Russian Federation, but will
only engage with the central authorities of Ukraine in Kyiv for the purposes of the
application and implementation of the said conventions.
France
07-08-1974
In accordance with the provisions of Article 33, the French Government declares:
- that in pursuance of Article 4, para. 2, it will execute Letters of Request only
if they are in French or if they are accompanied by a translation into French;
- that, in pursuance of Article 23, Letters of Request issued for the purpose of obtaining
pre-trial discovery of documents as known in Common Law countries will not be executed.
19-01-1987
The declaration made by the French Republic in accordance with Article 23 relating to Letters of Request issued for the purpose of obtaining pretrial discovery of documents does not apply when the requested documents are enumerated limitatively in the Letter of Request and have a direct and precise link with the object of the procedure.
Georgia
31-05-2021
The following Reservations shall be taken into consideration upon accession to the
Hague Convention on the Taking of Evidence abroad in Civil or Commercial Matters,
dated 18 March 1970:
1. [Designation of authorities]
2. In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall exclude
the application of the provisions of Paragraph 2 of Article 4 of the Convention.
3. Georgia shall not undertake the obligation to translate documents for the execution
of a Letter of Request.
4. Pursuant to Article 8 of the Convention, members of the judicial personnel of the
requesting authority of another Contracting State may be present at the execution
of a Letter of Request, in accordance with the legislation of Georgia.
5. Fees paid to the experts and interpreters and the costs incurred as result of use
of the special procedure under Paragraph 2 of Article 9 of the Convention shall be
borne by the State of origin of request.
6. In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall not
apply the provisions of Articles 16, 17 and 18 of Chapter II of the Convention.
Georgia declares that Articles 19 and 21 shall not be applicable either, since they
refer to Articles 16, 17 and 18, to which the reservation was made.
7. Georgia requests that any State of origin, making a request pursuant to Paragraph
1 of Article 26, shall reimburse the fees and costs to which this Paragraph refers.
The following Declaration shall be taken into consideration upon accession to the
Hague Convention on the Taking of Evidence abroad in Civil or Commercial Matters,
dated 18 March 1970:
In accordance with Sub-paragraphs (a) and (b) of Article 2 of the Law of Georgia on
the Occupied Territories, the occupied territories of Georgia are:
(a) the territories of the Autonomous Republic of Abkhazia;
(b) the Tskhinvali region (the territories of the former Autonomous Region of South
Ossetia).
By Resolution No 1633 of 2008, the Parliamentary Assembly of the Council of Europe
confirmed the sovereignty and the territorial integrity of Georgia within its internationally
recognized borders. In accordance with this Resolution, the Assembly condemns the
recognition by the Russian Federation of the independence of the Tskhinvali Region/South
Ossetia, Georgia and Abkhazia, Georgia as a violation of international law and the
statutory principles of the Council of Europe. The Parliamentary Assembly of the Council
of Europe reaffirms the territorial integrity and sovereignty of Georgia and calls
upon the Russian Federation to withdraw its recognition of the independence of the
Tskhinvali Region/South Ossetia, Georgia and Abkhazia, Georgia and to respect fully
the sovereignty and territorial integrity of Georgia, as well as the inviolability
of its frontiers.
Furthermore, the United Nations (General Assembly Resolution 11785) General Assembly
also recognized the right of return of the internally displaced persons, regardless
of their ethnicity, to the occupied territories of Georgia.
In this regard, Georgia states that the obligations under the present Convention shall
be applied and implemented with respect to the Georgian regions of Abkhazia and the
Tskhinvali Region/South Ossetia when the circumstances permit and Georgia restores
effective control over those territories.
Documents or requests made or issued by the illegal authorities of the Russian Federation,
or officials of these illegal authorities, deployed (operating) in the occupied territories
of Georgia, or by the illegitimate authorities of the Autonomous Republic of Abkhazia,
Georgia and of the Tskhinvali Region/South Ossetia, Georgia, which are currently under
the effective control of the Russian Federation, are null and void and have no legal
effect regardless of whether they are presented directly or indirectly through the
authorities of the Russian Federation.
The provisions of the Convention on the possibility of direct communication or relation
shall not apply to the illegal organs of Abkhazia (Georgia) and the Tskhinvali Region/South
Ossetia (Georgia), remaining under the effective control of the Russian Federation.
The relevant communication procedures shall be determined by the Central Authority
of Georgia in Tbilisi.
Germany
27-04-1979
A. The Government of the Federal Republic of Germany makes the following declarations
in accordance with paragraph I of Article 33 of the Convention of 18th March 1970:
The Federal Republic of Germany makes the reservation provided for in the first sentence
of paragraph 1 of Article 33 of the Convention excluding the application of the provisions
of paragraph 2 of Article 4 of the Convention. Letters of Request to be executed under
Chapter I of the Convention must, in accordance with paragraphs 1 and 5 of Article
4 of the Convention, be in the German language or be accompanied by a translation
into that language.
The Federal Republic of Germany declares in accordance with the option provided for
in the first sentence of paragraph 1 of Article 33 of the Convention to make a reservation
excluding the application of the provisions of Chapter II of the Convention that the
taking of evidence by diplomatic officers or consular agents is not permissible in
its territory if German nationals are involved.
B. The Government of the Federal Republic of Germany makes the following declarations
pursuant to Article 35 of the Convention of 18th March 1970:
1. Pursuant to Article 8 of the Convention, the Government of the Federal Republic
of Germany declares that members of the requesting court of another Contracting State
may be present at the execution of a Letter of Request by the local court if prior
authorization has been given by the Central Authority of the Land where the request
is to be executed.
2. The taking of evidence by diplomatic officers or consular agents pursuant to paragraph
1 of Article 16 of the Convention which involves nationals of a third State or stateless
persons shall be subject to permission from the Central Authority of the Land where
the evidence is to be taken. Pursuant to paragraph 2 of Article 16 of the Convention,
permission shall not be required if the national of the third State is also a national
of the State of the requesting court.
3. A commissioner of the requesting court may not take evidence pursuant to Article
17 of the Convention unless the Central Authority of the Land where the evidence is
to be taken has given its permission. Such permission may be made subject to conditions.
The local court in whose district official acts would have to be performed by virtue
of a Letter of Request in the same matter shall be entitled to control the preparation
and the actual taking of the evidence. Under the second sentence of Article 19 of
the Convention, a member of the court may be present at the taking of the evidence.
4. The Federal Republic of Germany declares in pursuance of Article 23 of the Convention
that it will not, in its territory, execute Letters of Request issued for the purpose
of obtaining pre-trial discovery of documents as known in Common Law countries.
Objection Czechoslovakia (<01-01-1993), 18-12-1979
[...] in connection with the ratification by the Federal Republic of Germany of the Convention of the Taking of Evidence Abroad in Civil or Commercial Matters concluded on 18 march 1970, which entered into force for the Czechoslovak Socialist Republic on 11 July 1976, has the honour, in accordance with the instructions of the Federal Ministry of Foreign Affairs, to bring to the Ministry's attention that in the declaration of the Government of the Federal Republic of Germany the validity of the Convention is extended to the "Land Berlin"; furthermore, in pursuance of the relevant provisions of the Convention, the said declaration contains a list of the central authorities of the different "Länder", and in the list a "Land Berlin" is listed as one of the federal "Länder" as though it constituted part of the Federal Republic of Germany. Clearly, however, West Berlin is not a "Land Berlin" constituting part of the Federal Republic of Germany. The Quadripartite Agreement of 3 September 1971 expressly stipulates that the Western sectors of Berlin do not form part of the Federal Republic of Germany and so cannot be administered by it. The declaration by the Government of the Federal Republic of Germany is thus a flagrant contradiction of the Quadripartite Agreement and can have no legal force. For this reason the Czechoslovak Socialist Republic does not in any way recognise the extension of the validity of the Convention to the Western sectors of Berlin and will in no way apply it.
Objection France, 15-08-1980
Re. the statement made by the Czechoslovak Socialist Republic in its note dated 14
December 1979.
Statement made on behalf of the Government of the United States of America, the Government
of the Kingdom of Great-Britain and Northern Ireland and the Government of France.
In the communication referred to above the Government of Czechovlovakia objects to
the use of the term "Land Berlin,' in the declaration of the Government of the Federal
Republic of Germany made at the time of the deposit of its instrument of ratification
of the above Convention on 27 April 1979. The extension of this Convention to the
western sectors of Berlin has been approved by the three powers in the exercise of
their supreme authority and under established procedures. Use of the term Land Berlin,
deriving as it does from the Constitution adopted by Berlin deputies in 1949 (as modified
by the Reservations of the Allied Kommandatura expressed in BK/0 (50 75) does not
imply that Berlin is a land of the Federal Republic of Germany. The extension of this
Treaty to Berlin consequently continues in full force and effect.
In relation to the comments made by the Government of Czechoslovakia on the Quadripartite
Agreement of 3 September 1971, the three Governments reaffirm that states which are
not parties to the Quadripartite Agreement are not competent to comment authoritatively
on its provisions. The three Governments do not consider it necessary, nor do they
intend to respond to any further communications on this subject from states which
are not party to the Quadripartite Agreement. This should not be taken to imply any
change of the position of the three Governments in this matter.
Objection United Kingdom, 15-08-1980
Re. the statement made by the Czechoslovak Socialist Republic in its note dated 14
December 1979.
Statement made on behalf of the Government of the United States of America, the Government
of the Kingdom of Great-Britain and Northern Ireland and the Government of France.
In the communication referred to above the Government of Czechovlovakia objects to
the use of the term "Land Berlin,' in the declaration of the Government of the Federal
Republic of Germany made at the time of the deposit of its instrument of ratification
of the above Convention on 27 April 1979. The extension of this Convention to the
western sectors of Berlin has been approved by the three powers in the exercise of
their supreme authority and under established procedures. Use of the term Land Berlin,
deriving as it does from the Constitution adopted by Berlin deputies in 1949 (as modified
by the Reservations of the Allied Kommandatura expressed in BK/0 (50 75) does not
imply that Berlin is a land of the Federal Republic of Germany. The extension of this
Treaty to Berlin consequently continues in full force and effect.
In relation to the comments made by the Government of Czechoslovakia on the Quadripartite
Agreement of 3 September 1971, the three Governments reaffirm that states which are
not parties to the Quadripartite Agreement are not competent to comment authoritatively
on its provisions. The three Governments do not consider it necessary, nor do they
intend to respond to any further communications on this subject from states which
are not party to the Quadripartite Agreement. This should not be taken to imply any
change of the position of the three Governments in this matter.
Objection United States of America, 15-08-1980
Re. the statement made by the Czechoslovak Socialist Republic in its note dated 14
December 1979.
Statement made on behalf of the Government of the United States of America, the Government
of the Kingdom of Great-Britain and Northern Ireland and the Government of France.
In the communication referred to above the Government of Czechovlovakia objects to
the use of the term "Land Berlin,' in the declaration of the Government of the Federal
Republic of Germany made at the time of the deposit of its instrument of ratification
of the above Convention on 27 April 1979. The extension of this Convention to the
western sectors of Berlin has been approved by the three powers in the exercise of
their supreme authority and under established procedures. Use of the term Land Berlin,
deriving as it does from the Constitution adopted by Berlin deputies in 1949 (as modified
by the Reservations of the Allied Kommandatura expressed in BK/0 (50 75) does not
imply that Berlin is a land of the Federal Republic of Germany. The extension of this
Treaty to Berlin consequently continues in full force and effect.
In relation to the comments made by the Government of Czechoslovakia on the Quadripartite
Agreement of 3 September 1971, the three Governments reaffirm that states which are
not parties to the Quadripartite Agreement are not competent to comment authoritatively
on its provisions. The three Governments do not consider it necessary, nor do they
intend to respond to any further communications on this subject from states which
are not party to the Quadripartite Agreement. This should not be taken to imply any
change of the position of the three Governments in this matter.
15-10-1980
1. By Note of December 14, 1979, directed to the Ministry, the Czechoslovak Socialist
Republic made a statement concerning the declaration made by the Federal Republic
of Germany at the time of the deposit of its instrument of ratification of the Convention
on the Taking of Evidence Abroad in Civil and Commercial Matters on April 27, 1979.
This communication of the Czechoslovak Socialist Republic was circulated by a Notification
of the Ministry dated January 22, 1980 (Taking of Evidence No. 1/1980).
2. By Note of August 12, 1980, disseminated by a Notification of the Ministry of September
19, 1980 (Taking of Evidence No. 7/1980), the Government of the United States of America,
following consultations with the Governments of the United Kingdom and France, answered
the assertions made in the communication of the Czechoslovak Socialist Republic. The
Government of the Federal Republic of Germany, on the basis of the legal situation
set out in the Note of the United States, wishes to confirm that the application in
Berlin (West) of the above-mentioned convention extended by it under the established
procedures continues in full force and effect.
3. The Government of the Federal Republic of Germany wishes to point out that the
absence of a response to further communications of a similar nature should not be
taken to imply any change of its position in this matter.
4. The Embassy of the Federal Republic of Germany has the honour to request that the
contents of this note be brought to the attention of the Governments of those states
which have received or will receive the above-mentioned Notifications (Taking of Evidence
No. 1/1980 and No. 7/1980).
06-06-2018
The Federal Republic of Germany takes note of the Declarations submitted by Ukraine
on 16 October 2015 regarding the application of the Convention on Civil Procedure
(1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public
Documents (1961), the Convention on the service abroad of judicial and extrajudicial
documents in civil or commercial matters (1965), the Convention on the taking of evidence
abroad in civil or commercial matters (1970), the Convention on the Civil Aspects
of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (1996) and the Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous
Republic of Crimea and the city of Sevastopol and of the Declarations submitted by
the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Federal Republic
of Germany declares, in line with the conclusions of the European Council of 20/21
March 2014, that it does not recognise the illegal referendum in Crimea and the illegal
annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the
Russian Federation.
Regarding the territorial scope of the above Conventions, the Federal Republic of
Germany therefore considers that the Conventions in principle continue to apply to
the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory
of Ukraine.
The Federal Republic of Germany further notes the Declarations by Ukraine that the
Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under
the control of Ukraine and that the application and implementation by Ukraine of its
obligations under the Conventions is limited and not guaranteed in relation to this
part of Ukraine's territory, and that only the government of Ukraine will determine
the procedure for relevant communication.
As a consequence of the above, the Federal Republic of Germany declares that it will
only engage with the government of Ukraine for the purposes of the application and
implementation of the conventions with regard to the Autonomous Republic of Crimea
and the city of Sevastopol.
28-07-2022
Amendment of the declaration of 27 April 1979:
A Letter of Request issued for the purpose of obtaining pre-trial discovery of documents
pursuant to Article 23 of the Convention shall only be executed if
1. the documents requested are described separately in detail,
2. the documents requested are of immediate and clearly recognisable relevance for
the respective proceedings and their outcome,
3. the documents requested are in the possession of a party to the proceedings,
4. the Letter of Request does not violate fundamental principles of German law and
5. to the extent the documents requested contain personal data, the requirements for
the transfer of personal data to a third country pursuant to Chapter V of Regulation
(EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on
the free movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation) (OJ L 119, 4 May 2016, p.1; L 314, 22 November 2016, p. 2; L 127, 23 May
2018, p. 2; L 74, 4 March 2021, p. 35) are met.
Greece
18-01-2005
1. Without prejudice to article 33 Greece declares that, in terms of the provision
of article 4, para. 2 of the Convention, letters of request must be submitted in Greek
or accompanied by a translation into Greek.
2. In terms of articles 8 and 35, para. 2c of the Convention, judicial personnel of
the requesting authority of another Contracting State may be present at the execution
of a request for judicial assistance, provided such attendance has been authorized
in advance by the Central Authority of Greece.
3. In terms of article 18, Greece declares that it shall provide the necessary assistance
for the execution of evidentiary proceedings as referred to in articles 15, 16 and
17 provided such execution shall be carried out in accordance with the Greek law.
4. Greece declares that, in terms of the provision of article 23 of the Convention,
it shall not execute judicial assistance requests for pretrial discovery of documents.
Hungary
13-07-2004
To Article 8
Members of the judicial personnel of the requesting authority may be present at the
execution of a Letter of Request executed by the requested court, subject to prior
permission by the Hungarian Central Authority.
To Article 15
In accordance with Article 15 of the Convention the diplomatic officer or consular
agent of a Contracting State may in the territory of the Republic of Hungary take
the evidence in aid of proceedings commenced in the courts of a state which he represents
without prior permission of the Hungarian authorities provided that the person affected
is exclusively national of the sending state of the diplomatic officer or consular
agent. Taking of evidence shall not involve applying or holding out of the prospect
of compulsion or disadvantageous legal consequences.
To Article 17
In the Republic of Hungary the Central Authority is entitled to give the permission
set out in Paragraph 2 of Article 17 of the Convention.
To Article 23
The Hungarian authorities will not execute Letters of Request issued for the purpose
of obtaining pre-trial discovery of documents.
To Paragraph 2 of Article 4
The Republic of Hungary excludes the application of Paragraph 2 of Article 4 of the
Convention.
To Article 16
The Republic of Hungary excludes the application of Article 16 of the Convention.
To Article 18
The Hungarian authorities do not give assistance to the taking of evidence of the
diplomatic offer or consular agent in accordance with Article 15 of the Convention
or the commissioner in accordance with Article 17 of the Convention by applying measures
of compulsion.
22-12-2022
The Hungarian authorities will not execute Letters of Request presented in a procedure known as pre-trial discovery of documents unless the Letter of Request clearly identifies the document that must be made available by its holder and this document is directly connected to the objective of the procedure.
Iceland
10-11-2008
In accordance with Article 33, paragraph 1, of the Convention, Iceland excludes the
application of paragraph 2 of Article 4 of the Convention to the effect that Letters
of Request in the French language or translations into that language will not be accepted.
Iceland declares, in accordance with Article 8 of the Convention, that members of
the judicial personnel of the requesting authority of another Contracting State may
be present at the execution of a Letter of Request if prior permission has been granted
by the Ministry of Justice and Ecclesiastical Affairs.
In accordance with Article 15, paragraph 2, of the Convention, Iceland declares that
evidence may be taken by a diplomatic officer or consular agent only if permission
to that effect has been given by the Ministry of Justice and Ecclesiastical Affairs
upon application made by him or on his behalf.
In accordance with Article 23, Iceland declares that it will not execute Letters of
Request issued for the purpose of obtaining pre-trial discovery of documents as known
in Common Law countries.
India
07-02-2007
*All requests under the Convention shall be in English language, or accompanied with
an English translation.
*Subject to prior authorization of the Central Authority and the concerned court,
members of the judicial personnel of the requesting Contracting Party may be present
at the execution of a letter of request.
*Evidence by diplomatic officers or Consular agents of Indian nationals or nationals
of a third State under Article 16 of the Convention can be taken with the prior permission
of the Central Authority.
*Evidence by a Commissioner under Article 17 of the Convention can be taken with the
prior permission of the Central Authority.
*In accordance with Article 18, a diplomatic or consular officer or a commissioner
authorized under Article 15, 16, and 17 may apply for appropriate assistance to obtain
the evidence by compulsion to the District court within whose territory the evidence
is to be taken.
*The Republic of India will not execute Letters of Request issued in pursuance of
Article 23 of the Convention for the purpose of obtaining Pre-trial discovery of documents,
which requires a person to produce any documents other than particular documents specified
in the Letter of Request, which are likely to be in his possession, custody or power.
Israel
11-02-1981
In accordance with Article 8, Israel declares that the members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request without prior authorization.
Italy
22-06-1982
(1) The Italian Government declares, in accordance with Article 8, that members of
the judicial personnel of the requesting authority of another Contracting State may
be present at the execution of a Letter of Request, subject to prior authorization
by the competent authority designated by the Italian State.
(2) The Italian Government declares, in accordance with Article 18, that a diplomatic
officer, consular agent or commissioner who is taking evidence under Article 15, 16
or 17, may apply to the authority designated by the Italian State, for appropriate
assistance to obtain the evidence by compulsion.
(3) The Italian Government declares, in accordance with Article 23, that it will not
execute Letters of Request issued for the purpose of obtaining pre-trial discovery
of documents as known in common law countries.
Kazakhstan
26-09-2016
Reservation:
The Republic of Kazakhstan in accordance with Articles 4 and 33 of the Convention
shall accept in its territory letters of request of the Contracting States, if they
are composed in English and accompanied by a certified translation into the Kazakh
and (or) Russian languages.
Declarations:
1) taking of evidence by diplomatic officers or consular agents of other Contracting
States without compulsion in civil or commercial matters stipulated by Article 15
of the Convention shall be possible only subject to the permission of the competent
authority of the Republic of Kazakhstan;
2) taking of evidence without compulsion in civil or commercial matters stipulated
in Articles 16 and 17 of the Convention shall be possible without prior permission
of the competent authority of the Republic of Kazakhstan;
3) diplomatic officer or consular agent or designated person authorized to take evidence
may apply to the competent authority of the Republic of Kazakhstan with the request
for assistance referred to in Article 18 of the Convention subject to the conformity
with the legislation of the Republic of Kazakhstan;
4) on the basis of Article 23 of the Convention letters of request issued for the
purpose of obtaining pre-trial discovery of documents as known in Common law countries
shall not be executed in the territory of the Republic of Kazakhstan;
5) execution of actions and use of other methods of taking evidence in accordance
with paragraphs b) and c) of Article 27 of the Convention shall be permitted under
the law of the Republic of Kazakhstan.
Latvia
05-05-2009
In accordance with paragraph 4 of Article 4 of the Convention the Republic of Latvia
declares that, besides the languages referred to in Article 4, it accepts letters
of request also in Russian.
In accordance with Article 8 of the Convention the Republic of Latvia declares that
members of the judicial personnel of the requesting authority of another contracting
State may be present at the execution of a letter of request. Prior authorization
by the Ministry of Justice of the Republic of Latvia as the competent authority is
required.
04-04-2018
The Ministry of Foreign Affairs of the Republic of Latvia […] with reference to […]
the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement
of Legalisation for Foreign Public Documents (1961), the Convention on the Service
Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965),
the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970),
the Convention on the Civil Aspects of International Child Abduction (1980),and the
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation
in Respect of Parental Responsibility and Measures for the Protection of Children
(1996) has to honour to convey the following.
The Government of the Republic of Latvia takes note of the Declarations submitted
by Ukraine on 16 October 2015 regarding the application of the aforementioned Conventions
to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations
submitted by the Russian Federation on 19 July 2016 in relation to the Declarations
made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Republic of Latvia
declares, in line with the conclusions of the European Council of 20/21 March 2014,
that it does not recognise the illegal referendum in Crimea and the illegal annexation
of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, the Republic of Latvia
therefore considers that the Conventions in principle continue to apply to the Autonomous
Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Republic of Latvia further notes the Declarations by Ukraine that the Autonomous
Republic of Crimea and the city of Sevastopol are temporarily not under the control
of Ukraine and that the application and implementation by Ukraine of its obligations
under the Convention is limited and not guaranteed in relation to this part of Ukraine's
territory, and that only the central authorities of Ukraine in Kyiv will determine
the procedure for relevant communication.
As a consequence of the above, the Republic of Latvia declares that it will not engage
in any direct communication or interaction with authorities in the Autonomous Republic
of Crimea and the city of Sevastopol and will not accept any documents or requests
emanating from such authorities or through the authorities of the Russian Federation,
but will only engage with the central authorities of Ukraine in Kiev for the purposes
of the application and implementation of the convention.
Liechtenstein
12-11-2008
Declaration concerning Article 4 of the Convention:
Pursuant to Articles 33 and 35 of the Convention, the Principality of Liechtenstein
declares that, with reference to Article 4 (2) and (3) of the Convention, Letters
of Request and their annexes must be in German or accompanied by a translation into
German. The confirmation of the execution of the request will be in German.
Declaration concerning Article 8 of the Convention:
Pursuant to Article 35 (2) of the Convention, the Principality of Liechtenstein declares
that members of the judicial personnel of the requesting authorities who are part
of the proceedings of a Contracting State may be present at the execution of a Letter
of Request, if they have received prior authorization by the authorities that are
competent for the execution.
Declaration concerning Article 11 of the Convention:
Pursuant to Article 11 of the Convention, the Principality of Liechtenstein recognizes
the privileges and duties of the person concerned to refuse to give evidence in so
far as the person has these privileges and duties under the law of his State of origin.
Declaration concerning Articles 15, 16 and 17 of the Convention:
Pursuant to Article 35 of the Convention, the Principality of Liechtenstein declares
that the taking of evidence as referred to in Articles 15, 16 and 17 of the Convention
is subject to prior permission by the Government of the Principality of Liechtenstein.
Declaration concerning Article 18 of the Convention:
The Principality of Liechtenstein does not grant any assistance by measures of compulsion
to diplomatic officers or consular agents acting under Articles 15, 16 and 17 of the
Convention.
Declaration concerning Article 23 of the Convention:
Pursuant to Article 23 of the Convention, the Principality of Liechtenstein declares
that Letters of Request issued for the purpose of obtaining pre-trial discovery of
documents will not be executed.
Lithuania
02-08-2000
And whereas it is provided in paragraph 4 of Article 4 of the Convention, the Republic
of Lithuania declares that it will accept a Letter of Request submitted only in the
Lithuanian, English, French or Russian languages, or, where a Letter of Request is
made in none of those languages, a Letter of Request and supporting documents shall
be accompanied by a translation into Lithuanian, English, French or Russian languages.
And whereas it is provided in Article 8 of the Convention, the Republic of Lithuania
declares that members of the judicial personnel of the requesting authority of another
Contracting State may be present at the execution of a Letter of Request only under
the prior permission of the Ministry of Justice of the Republic of Lithuania;
And whereas it is provided in Article 16 of the Convention, the Republic of Lithuania
declares that a diplomatic officer or consular agent of a Contracting State may take
evidence, without compulsion, of citizens of the Republic of Lithuania under the Law
on Citizenship of the Republic of Lithuania, only under the prior permission of the
Ministry of Justice of the Republic of Lithuania. The permission to take evidence
issued by the Ministry of Justice of the Republic of Lithuania shall indicate that:
a) evidence shall be taken by a diplomatic officer or consular agent only within the
premises of the embassy or consular institution of the State which he/she represents;
b) the Ministry of Justice of the Republic of Lithuania shall be informed about the
time and place of the taking of evidence;
c) evidence shall be taken in the Lithuanian or another language understandable to
the person giving evidence or taking of evidence and shall be accompanied by a translation
into the Lithuanian or another language understandable for such person;
d) the document concerning the taking of evidence written in the language understandable
to the person giving evidence shall be signed by this person. The copy of such document
shall be forwarded to the Ministry of Justice of the Republic of Lithuania;
And whereas it is provided in Article 17 of the Convention, the Republic of Lithuania
declares that a person duly appointed as a commissioner for this purpose may, without
compulsion, take evidence in the territory of the Republic of Lithuania from the person
which is a citizen of the Republic of Lithuania under the Law on Citizenship of the
Republic of Lithuania, if the Ministry of Justice of the Republic of Lithuania has
given its prior written permission. The permission issued by the Ministry of Justice
of the Republic of Lithuania shall indicate that:
a) the Ministry of Justice of the Republic of Lithuania shall be informed about the
time and place of the taking of evidence;
b) the evidence shall be taken in the Lithuanian or another language understandable
to the person giving evidence or taking of evidence shall be accompanied by a translation
into the Lithuanian or another language understandable for such person;
c) the document concerning the taking of evidence written in the language understandable
to the person giving evidence shall be signed by this person. The copy of such document
shall be forwarded to the Ministry of Justice of the Republic of Lithuania;
And whereas it is provided in Article 23 of the Convention, the Republic of Lithuania
declares that it will not execute a Letter of Request issued for the purpose of obtaining
the pre-trial discovery of documents.
16-06-2020
The Government of the Republic of Lithuania takes note of the Declarations submitted
by Ukraine on 16 October 2015 regarding the application of the Convention on Civil
Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign
Public Documents (1961), the Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters (1965), the Convention on the Taking of Evidence
Abroad in Civil or Commercial Matters (1970), the Convention on the Civil Aspects
of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (1996) to the Autonomous Republic of Crimea
and the city of Sevastopol and of the Declarations submitted by the Russian Federation
on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Government of
the Republic of Lithuania declares, in line with the conclusions of the European Council
of 20/21 March 2014, that it does not recognize the illegal referendum in Crimea and
the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol
to the Russian Federation.
As regards the territorial scope of the above Conventions, the Government of the Republic
of Lithuania therefore considers that the conventions in principle continue to apply
to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory
of Ukraine.
The Government of the Republic of Lithuania further notes the Declaration by Ukraine
that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily
not under the control of Ukraine and that the application and implementation by Ukraine
of its obligations under the Conventions is limited and not guaranteed in relation
to this part of Ukraine's territory, and that only the central authorities of Ukraine
in Kyiv will determine the procedure for relevant communication.
As a consequence of the above, the Government of the Republic of Lithuania declares
that it will not engage in any direct communication or interaction with authorities
in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept
any documents or requests emanating from such authorities or through the authorities
of the Russian Federation, but will only engage with the central authorities of Ukraine
in Kyiv for the purposes of the application and implementation of the said conventions.
Luxembourg
26-07-1977
- In pursuance of Article 4, paragraph 4, Letters of Request in German shall also
be accepted.
- In pursuance of Article 23, Letters of Request issued for the purpose of obtaining
pre-trial discovery of documents as known in common law countries shall not be executed.
- In accordance with the provisions of Article 16, the Parquet Général is designated
as the authority competent to authorize the diplomatic officers or consular agents
of a Contracting State to take, without compulsion, the evidence of persons other
than the nationals of that State in aid of proceedings commenced in the courts of
the State which they represent.
This authorisation, which is given in each specific case and to which specific conditions,
where appropriate, are attached, is granted under the following general conditions:
1. The evidence shall be taken only within the precincts of an Embassy or Consulate.
2. The Parquet Général shall be given reasonable advance notice of the time, date
and place of the taking of evidence so that it can, if it wishes, be represented.
3. A request to a person to appear shall, in accordance with the regulations, be in
the form of an official document in French or German or accompanied by a translation
into one of these languages stating:
(a) that the evidence is to be taken in accordance with the provisions of the Convention
on the Taking of Evidence Abroad in Civil or Commercial Matters, concluded at The
Hague on 18 March 1970, and in the framework of a judicial procedure followed in a
jurisdiction designated by a Contracting State;
(b) that the appearance is voluntary and that no prosecution in the requesting State
will result from failure to appear;
(c) that the parties to the action, where appropriate, consent to the taking of the
evidence or are opposed to it for reasons to be given;
(d) that the person requested to appear may be legally represented;
(e) that the person requested to appear may invoke a privilege or a duty to refuse
to give evidence.
- In accordance with the provisions of Article 17, the Parquet Général is designated
as the authority competent to authorize persons designated in accordance with the
regulations as commissioners to take evidence, without compulsion, in aid of proceedings
commenced in the courts of another Contracting State.
This authorisation, which is given in the particular case and to which specific conditions,
where appropriate, are attached, is granted under the following general conditions:
1. The Parquet Général shall be given reasonable advance notice of the time, date
and place of the taking of evidence so that it can, if it wishes, be represented;
2. A request to a person to appear shall, in accordance with the regulations, be in
the form of an official document in French or German or accompanied by a translation
into one of these languages stating:
(a) that the evidence is to be taken in accordance with the provisions of the Convention
on the Taking of Evidence Abroad in Civil or Commercial Matters, concluded at The
Hague on 18 March 1970, and in the framework of a judicial procedure followed in a
jurisdiction designated by a Contracting State;
(b) that the appearance is voluntary and that no prosecution in the requesting State
will result from failure to appear;
(c) that the parties to the action, where appropriate, consent to the taking of the
evidence or are opposed to it for reasons to be given;
(d) that the person requested to appear may be legally represented;
(e) that the person requested to appear may invoke a privilege or a duty to refuse
to give evidence.
- In pursuance of Article 8, members of the judicial personnel of the requesting authority
of a Contracting State may be present at the execution of a Letter of Request.
Malta
24-02-2011
Pursuant to Article 4, paragraph 2 of the Convention, the Government of Malta declares, that it reserves the right to accept Letters of Request drawn up in the English language only.
01-08-2012
Malta declares that its accession to the Convention will only take effect upon the completion of procedures relating to the said accession within the European Union and, in particular, the adoption of a Council Decision authorising Malta to accede to this Convention. Once this adoption takes place, Malta will notify the depositary of the date when the said Convention will become applicable to Malta.
26-01-2024
Reference is made to the following declaration submitted by the Republic of Malta
dated [1] August 2012 concerning the Hague Convention on the Taking of Evidence Abroad
in Civil or Commercial Matters (1970):
Malta declares that its accession to the Convention will only take effect upon the
completion of procedures relating to the said accession within the European Union
and, in particular, the adoption of a Council Decision authorising Malta to accede
to this Convention. Once this adoption takes place, Malta will notify the depositary
of the date when the said Convention will become applicable to Malta.
[…] the Republic of Malta wishes to inform that this declaration is being withdrawn
with effect from today.
Mexico
27-07-1989
Language requirements (Article 4)
The United Mexican States does hereby make a special reservation related to the provisions
of paragraph 2 of Article 4, and declares in accordance with paragraph 4 of the same
Article, that letters of request sent to its Central Authority or judicial authorities
shall be written in the Spanish language or shall otherwise be accompanied by a translation
into said language.
Taking of evidence abroad by diplomatic officers, consular agents and commissions
(Chapter II)
The United Mexican States makes a special and complete reservation concerning the
provisions contained in Articles 17 and 18 of this Chapter in relation to the "commissioners",
and the use of measures to compulsion by diplomatic officers and consular agents.
Formulation of pre-trial discovery of documents
With reference to Article 23 of the Convention, the United Mexican States declares
that according to Mexican law, it shall only be able to comply with letters of request
issued for the purpose of obtaining the production and transcription of documents
when the following requirements are met:
a) that the judicial proceeding has been commenced;
b) that the documents are reasonably identifiable as to date, subject and other relevant
information and that the request specifies those facts and circumstances that lead
the requesting party to reasonable believe that the requested documents are known
to the person from whom they are requested or that they are in his possession or under
his control or custody;
c) that the direct relationship between the evidence or information sought and the
pending proceeding be identified.
Other transmission channel to the judicial authorities different from those provided
for in Article 2
In regard to Article 27, paragraph a) of the Convention, the United Mexican States
does hereby declare that the letters of request may be transmitted to its judicial
authorities not only through the Central Authority but also through diplomatic or
consular channels or through judicial channels (directly sent from the foreign court
to the Mexican Court), providing that in the latter case all requirements relating
to legalization of signatures are fulfilled.
In regard to Article 32 of the Convention, the United Mexican States informs that
it is a State Party to the Interamerican Convention on the Taking of Evidence Abroad,
signed in Panama on January the thirtieth, nineteen hundred and seventy-five, as well
as to its Additional Protocol signed in La Paz, Bolivia, on May the twenty-fourth,
nineteen hundred and eighty-four.
Monaco
17-01-1986
Under article 4, paragraph 2, only Letters of Request drawn up in French or accompanied
by a translation in that language shall be accepted.
Under article 23, Letters of Request issued for the purpose of obtaining pre-trial
discovery of documents shall not be executed.
In accordance with articles 16 and 17, the Directorate of Judicial Services is designated
as a competent authority for the purpose of authorising, as appropriate:
- the consular authorities of a Contracting State to take the evidence without compulsion
of persons other than nationals of that State and in aid of proceedings commenced
in a court of the State which they represent, or
- persons duly designated as commissioners to take evidence without compulsion in
aid of proceedings commenced in a court of the Contracting State.
Such authorisation, which shall be granted for each particular case and may contain
specific conditions, shall be subject to the following general conditions:
a) evidence shall be taken solely on the premises of consulates when the latter are
situated within the Principality, and in other cases in the Palais de Justice of Monaco;
b) the Directorate of Judicial Services shall be informed of the date and time of
the taking of the evidence in time to permit the Directorate to be represented, and,
if necessary, to provide courtroom accommodation at the Palais de Justice of Monaco;
c) the persons concerned in the taking of evidence shall be duly summoned by an official
document drawn up in French or accompanied by a translation in that language; this
document shall indicate:
- that the taking of the evidence in question is being conducted in accordance with
the provisions of the Hague Convention of 18 March 1970 on the Taking of Evidence
Abroad in Civil or Commercial Matters, and that the procedure constitutes part of
legal proceedings pursued under the specially designated jurisdiction of a Contracting
State;
- that appearance is voluntary and non-appearance would not entail legal proceedings
in the requesting State;
- that the person concerned in the taking of evidence may be represented by a lawyer
or defence counsel;
- that the parties in the proceedings, should they be instituted, give their consent,
and if not, the document shall state the reasons for their opposition;
- that the person concerned in the taking of evidence may apply to be exempted or
barred from testifying.
A copy of the summonses shall be sent to the Directorate of Judicial Services, which
is also to be kept informed of any difficulties.
Montenegro
16-01-2012
In accordance with Article 33 of the Convention on the Taking of Evidence Abroad in
Civil or Commercial Matters, adopted at The Hague, 18 March 1970, the Government of
Montenegro declares that this Convention shall not apply to:
a) Article 4, Paragraph 2 of the Convention, that a Letter of Request shall be on
Montenegrin language or be accompanied by a translation into Montenegrin language;
b) Article 16 and 18 of the Convention, a diplomatic officer or consular agent accredited
in Montenegro may not take the evidence of nationals of Montenegro or of nationals
of a third State.
[...] in accordance with Article 23 of the Convention, Montenegro declares that Montenegro
will not execute Letters of Request issued for the purpose of obtaining pre-trial
discovery of documents as known in Common Law countries.
Netherlands, the Kingdom of the
08-04-1981
In the Netherlands the Convention shall be applied as follows:
Article 4
Letters of Request will be accepted in Dutch, German, English or French, or if they
are accompanied by a translation into one of these languages.
The Netherlands does not undertake to translate documents for the execution of a Letter
of Request.
Article 8
Members of the judicial personnel of another Contracting State may be present at the
execution of a Letter of Request provided that the court which is responsible for
execution authorizes this and provided that any conditions which the court may impose
are respected.
Article 11
Only the court which is responsible for executing the Letter of Request shall be competent
to decide whether any person concerned by the execution has a privilege or duty to
refuse to give evidence under the law of a State other than the State of origin; no
such privilege or duty exists under Dutch law.
Article 14
Fees paid to experts and interpreters and costs occasioned by the use of a special
procedure requested by the State of origin under Article 9, paragraph 2, of the Convention
shall be borne by the State of origin.
Article 16
In the Netherlands, no prior permission is required for the taking of evidence as
provided for in Article 16.
Article 17
The permission referred to in Article 17 must be requested from the President of the
District Court in the area in which evidence is to be taken. If evidence is to be
taken from witnesses or experts, the area in question will be that in which the witnesses
or experts, or the majority of them, reside. If the President gives permission, he
may impose any conditions which he considers necessary to ensure that the evidence
is taken in a proper manner. He may decide that the evidence should be taken at the
court, under the supervision of a judge designated by him. Permission will only be
granted if the following conditions are met:
a) the witness or expert concerned must have been duly summoned; the summons must
be in Dutch or must be accompanied by a Dutch translation and must contain:
- the facts of the case and a summary of the proceedings in connection with which
the evidence is to be taken, and details of the court which has requested the evidence;
- a statement to the effect that there is no obligation for the witness or expert
to appear, and that if he refuses to appear, to take an oath, to give his word of
honour or to give evidence, he will not incur any penalty or measure of any kind,
either in the Netherlands or in the State where the proceedings have been instituted;
- a statement to the effect that the person concerned may be legally represented;
- a statement to the effect that in so far as the person concerned has a privilege
or duty to refuse to give evidence, he may do so;
- a statement to the effect that the commissioner will reimburse expenses incurred
by the witness or expert in connection with his appearance to give evidence.
b) A copy of the summons must be forwarded to the President.
c) The request for permission must state the reasons why the taking of evidence has
been entrusted to a commissioner and it must state the commissioner's official status
unless he is a lawyer competent to practice in the Netherlands.
d) The costs of taking the evidence, i.e. the expenses of the witnesses, experts or
interpreters, must be reimbursed in full.
Article 23
The Netherlands will not execute Letters of Request issued for the purpose of obtaining
pre-trial discovery of documents as known in common law countries.
For the purposes of Article 23 of the Convention, "Letters of Request issued for the
purpose of obtaining pre-trial discovery of documents as known in common law countries",
which the Netherlands will not execute, are defined by the Government of the Kingdom
of the Netherlands as being any Letters of Request which require a person:
a) to state which of the documents which are of relevance to the proceedings to which
the Letter of Request relates have been in his possession, custody or power; or
b) to produce any document other than particular documents specified in the Letter
of Request as being documents which the court which is conducting the proceedings
believes to be in his possession, custody or power.
Article 26
The Netherlands will request that any State of origin which has made a request pursuant
to paragraph 1 of Article 26 should reimburse the fees and costs to which this paragraph
refers.
28-05-1986
In accordance with Article 4, paragraphs 3 and 4, at Aruba no Letters of Request in
French will be accepted, unless accompanied by a translation into Dutch, English or
Spanish.
Moreover, at Aruba the Convention will be applied under the same declarations introduced
at the ratification of the Convention by the Kingdom of the Netherlands for the Kingdom
in Europe on 8 April 1981.
Nicaragua
13-05-2021
Nicaragua expresses a reservation with regard to the application of Article 4, second paragraph. Nicaragua stipulates that any Letter of Request or documentation concerning the application of the Convention must be accompanied by a translation of that letter or documentation into the Spanish language.
North Macedonia
19-03-2009
With regard to Article 4, paragraph 3, of the Convention, the Republic of Macedonia
declares that Letters of Request and their annexes which are to be executed under
this Convention must be written in the Macedonian language or be accompanied by a
translation into the Macedonian language in accordance with the Article 7 of the Constitution
of the Republic of Macedonia dated 17 November 1991.
The Government of the Republic of Macedonia declares, in accordance with Article 8,
that members of the judicial personnel of the requesting authority of another Contracting
State may be present at the execution of a Letter of Request, provided they have obtained
prior authorization from courts of first instance of the Republic of Macedonia.
In accordance with Article 23 of the Convention, the Republic of Macedonia declares
that it will not execute Letters of Request issued for the purpose of obtaining pre-trial
discovery of documents as known in Common Law countries.
Norway
03-08-1972
I. In conformity with Article 33, Norway enters a reservation to paragraph 2 of Article
4 to the effect that Letters of Request in the French language will not be accepted.
II. With reference to Article 4, paragraph 3, the Kingdom of Norway declares that
letters in the Danish or Swedish languages can be sent to the Central Authority.
III. By accepting Letters of Request in another language than the Norwegian, the Kingdom
of Norway does not undertake to execute the request, or transmit the evidence thus
obtained in this other language, nor to have translated the documents which establish
the execution of the letter of request.
IV. By virtue of Article 15, evidence can be taken by diplomatic officers or consular
agents only if, upon application, prior permission to that effect has been granted.
V. By virtue of Article 23, the Kingdom of Norway declares that it will not execute
Letters of Request issued for the purpose of obtaining pre-trial discovery of documents
as known in Common Law countries.
15-08-1980
The declaration made by the Kingdom of Norway in accordance with Article 23 concerning
"Letters of Request issued for the purpose of obtaining pre-trial discovery of documents"
shall apply only to Letters of Request which require a person:
a. to state what documents relevant to the proceedings to which the Letter of Request
relates, are, or have been, in his possession, other than particular documents specified
in the Letter of Request; or
b. to produce any documents other than particular documents which are specified in
the Letter of Request, and which are likely to be in his possession.
Paraguay
23-06-2023
1. Pursuant to Article 33, the Republic of Paraguay makes the following express and
total reservation in respect of Article 4, second paragraph, and declares that it
will not accept Letters of Request that are not drafted in Spanish or that are not
accompanied by an official translation into Spanish.
2. In accordance with Article 33, the Republic of Paraguay makes an express and total
reservation with respect to the provisions contained in Chapter II.
3. With respect to Article 8, the Republic of Paraguay declares that, upon authorization
by a competent authority, members of the judicial personnel of the requesting authority
may be present at the execution of a Letter of Request.
4. With regard to Article 23, the Republic of Paraguay declares that it will not execute
Letters of Request issued for the purpose of obtaining "pre-trial discovery of documents"
as known in common law States.
Poland
13-02-1996
Articles 23 and 33 will not be applicable within the territory of the Republic of
Poland.
Reservations
Article 23
The Republic of Poland declares, that it will not execute Letters of Request issued
for the purpose of obtaining "pre-trial discovery of documents" as known in Common
Law countries.
Article 33
The Republic of Poland excludes the application on its territory of:
- the provisions of Article 4, paragraph 2,
- the provisions of Chapter II, excluding provisions of Article 15.
29-04-2021
The Republic of Poland takes note of the Declarations submitted by Ukraine on 16 October
2015 regarding the application of the Convention on civil procedure (1954), the Convention
on the service abroad of judicial and extrajudicial documents in civil or commercial
matters (1965), the Convention on the taking of evidence abroad in civil or commercial
matters (1970), the Convention on the recognition and enforcement of decisions relating
to maintenance obligations (1973), the Convention on the civil aspects of international
child abduction (1980) and the Convention on jurisdiction, applicable law, recognition,
enforcement and co-operation in respect of parental responsibility and measures for
the protection of children (1996) and of the Declarations submitted by the Russian
Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Republic of Poland
declares, in accordance with the duty of non-recognition as lawful a situation created
by a serious breach by State of an obligation arising under a peremptory norm of general
international law and in line with the conclusions of the European Council of 20/21
March 2014, that it does not recognize the illegal referendum in Crimea and the illegal
annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the
Russian Federation.
As regards the territorial scope of the above Conventions, the Republic of Poland
therefore considers that the Conventions in principle continue to apply to the Autonomous
Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Republic of Poland further notes the Declarations by Ukraine that the Autonomous
Republic of Crimea and the city of Sevastopol as well as certain districts of the
Donetsk and Luhansk oblasts of Ukraine are temporarily not under the control of Ukraine
and that the application and implementation by Ukraine of its obligations under the
Conventions is limited and not guaranteed in relation to this part of Ukraine's territory,
and that only the government of Ukraine will determine the procedure for relevant
communication.
As a consequence of the above, the Republic of Poland declares that it will not engage
in any direct communication or interaction with authorities in the Autonomous Republic
of Crimea and the city of Sevastopol as well as in certain districts of the Donetsk
and Luhansk oblasts of Ukraine and will not accept any documents or requests emanating
from such authorities or through the authorities of the Russian Federation, but will
only engage with the central authorities of Ukraine for the purposes of the application
and implementation of the conventions.
Portugal
12-03-1975
a) In accordance with Article 33 of the Convention, the Portuguese State makes the
following reservations:
1. exclusion of the application of paragraph 2 of Article 4;
2. exclusion of the application of Chapter II, with the exception of Article 15.
b) In accordance with Articles 15 and 23 of the Convention, the Portuguese State makes
the following declarations:
1. The Portuguese State declares that the evidence as referred to in Article 15, can
only be taken if permission to that effect is given by the appropriate authority designated
by it upon application made by the diplomatic or consular agent;
2. the Portuguese State declares that it will not execute Letters of Request issued
for the purpose of obtaining pre-trial discovery of documents as known in common law
countries.
15-10-1999
a) In conformity with the provisions of Article 4 of the Convention, only Letters
of Request in Portugese, Chinese and English shall be accepted in Macau;
b) With the exception of Article 15, Chapter II of the Convention shall not be applicable
in the territory of Macau;
c) In conformity with the provisions of Article 15 of the Convention, the Republic
of Portugal declares that evidence referred to in that same article may not be taken
in Macau if permission to that effect has not been given by an appropriate authority,
to be designated by the appropriate bodies of the territory, upon application made
by a diplomatic officer or consular agent;
d) In conformity with the provisions of Article 23 of the Convention, the Republic
of Portugal declares that the Letters of Request issued for the purpose of obtaining
pre-trial discovery of documents as known in Common Law countries will not be executed
in Macau.
16-12-1999
In accordance with the Joint Declaration of the Government of the Portuguese Republic
and of the Government of the People's Republic of China on the question of Macau,
signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will
remain internationally responsible for Macau until 19 December 1999, the People's
Republic of China resuming from that date the exercise of sovereignty over Macau,
with effect from 20 December 1999.
From 20 December 1999 the Portuguese Republic will cease to be responsible for the
international rights and obligations arising from the application of the Convention
in Macau.
13-03-2018
The Government of the Portuguese Republic takes note of the Declaration submitted
by Ukraine on 16 October 2015 regarding the application of the Convention on the Taking
of Evidence Abroad in Civil or Commercial Matters, done at The Hague, on 18 March
1970, to the "Autonomous Republic of Crimea" and the city of Sevastopol and of the
Declaration submitted by the Russian Federation on 19 July 2016 in relation to the
Declaration made by Ukraine.
In relation to the Declaration made by the Russian Federation, the Government of the
Portuguese Republic declares, in line with the conclusions of the European Council
of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and
the illegal annexation of the "Autonomous Republic of Crimea" and the city of Sevastopol
to the Russian Federation.
As regards the territorial scope of the above Convention, the Government of the Portuguese
Republic therefore considers that the Convention in principle continues to apply to
the "Autonomous Republic of Crimea" and the city of Sevastopol as part of the territory
of Ukraine.
The Government of the Portuguese Republic further notes the Declaration by Ukraine
that the "Autonomous Republic of Crimea" and the city of Sevastopol are temporarily
not under the control of Ukraine and that the application and implementation by Ukraine
of its obligations under the Convention is limited and not guaranteed in relation
to this part of Ukraine's territory, and that only the central authorities of Ukraine
in Kiev will determine the procedure for relevant communication.
As a consequence of the above, the Government of the Portuguese Republic declares
that it will not engage in any direct communication or interaction with authorities
in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept
any documents or requests emanating from such authorities or through the authorities
of the Russian Federation, but will only engage with the central authorities of Ukraine
in Kiev for the purposes of the application and implementation of the convention.
Republic of Korea, the
14-12-2009
Reservations
1. In accordance with paragraph 2 of Article 4 and Article 33, the Republic of Korea
will accept only Letters of Request in Korean or English.
The Government of the Republic of Korea wishes to point out that the execution of
Letters of Request which are not accompanied by a translation into Korean will take
longer than that of Letters of Request with a Korean translation. The Republic of
Korea will accept only Letters of Request in Korean from Contracting States which
do not accept Letters of Request in either language referred to in the previous paragraph.
2. In accordance with Article 33, the Republic of Korea excludes the application within
its territory of the provisions of Articles 16 and 17 of Chapter II of the Convention.
Declarations
1. In accordance with Article 8, the Government of the Republic of Korea declares
that members of the judicial personnel of the requesting authority of another Contracting
State may be present at the execution of a Letter of Request with prior authorization
by the competent authority of the Republic of Korea.
2. In accordance with Article 23, the Government of the Republic of Korea declares
that it will not execute Letters of Request issued for the purpose of obtaining pre-trial
discovery of documents. The Government of the Republic of Korea further declares that
it understands "Letters of Request issued for the purpose of obtaining pre-trial discovery
of documents" for the purposes of the foregoing Declaration as including any Letter
of Request which requires a person:
a. to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his or her possession, custody or power; or
b. to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested court to be, or to be likely
to be, in his or her possession, custody or power.
Romania
21-08-2003
A. Declarations
In accordance with Article 8 of the Convention, the members of the judicial personnel
of the requesting authority may be present at the execution of a Letter of Request,
after prior information of the competent Central Authority.
In accordance with Article 23 of the Convention, Romania declares that it will execute
Letters of Request issued for the purpose of obtaining, pre-trial discovery of documents
as known in Common Law countries, to the extent that this expression refers to providing
evidence (inquest in futurum).
B. Reservation
In accordance with Article 33, paragraph 1 of the Convention, Romania will not apply
the provisions of Articles 16, 17 and 18 of Chapter II of the Convention. Romania
declares that Article 19 and 21 will not be applicable, in as far as that they refer
to Articles 16, 17 and 18, to which the reservation was made.
Russian Federation
19-07-2016
Reaffirming its firm commitment to respect and fully comply with generally recognised
principles and rules of international law, the Russian Federation, with reference
to the declaration of Ukraine of 16 October 2015 regarding the Convention of 18 March
1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, states the following.
The Russian Federation rejects to the above mentioned declaration of Ukraine and states
that it cannot be taken into consideration as it is based on a bad faith and incorrect
presentation and interpretation of facts and law.
The declaration of Ukraine regarding "certain districts of the Donetsk and Luhansk
oblasts of Ukraine" cannot serve as a justification for non-compliance with its obligations,
disregard for humanitarian considerations, refusal or failure to take necessary measures
to find practical solutions for issues that have a very serious and direct impact
on the ability of residents of those regions to exercise their fundamental rights
and freedoms provided for by international law.
The declaration of independence of the Republic of Crimea and its voluntary accession
to the Russian Federation are the result of a direct and free expression of will by
the people of Crimea in accordance with democratic principles, a legitimate form of
exercising their right to self-determination given an aided from abroad violent coup
d'état in Ukraine which caused rampant radical nationalist elements not hesitating
to use terror, intimidation and harassment against both its political opponents and
the population of entire regions of Ukraine.
The Russian Federation rejects any attempts to call into question an objective status
of the Republic of Crimea and the city of Sevastopol as constituent entities of the
Russian Federation, the territories of which are an integral part of the territory
of the Russian Federation under its full sovereignty. Thus, the Russian Federation
reaffirms that it fully complies with, its international obligations under the Convention
in relation to this part of its territory.
Serbia
02-07-2010
Republic of Serbia declares:
a) Republic of Serbia is against application of Article 4 paragraph 2 of the Convention.
b) In accordance with Article 8 of the Convention, Court Employees of the requesting
State can be present in execution of the Request in Republic of Serbia after obtained
permission from Ministry competent for the Administration of Justice.
c) In accordance with Article 35 of the Convention, Republic of Serbia declares that
gathering of evidences in accordance with Articles 16 and 17 of the Convention can
be performed only after permission obtained from Ministry competent for Administration
of Justice.
d) In accordance with Article 18 of the Convention, diplomatic or consular Representatives
or authorised Representatives in Republic of Serbia authorised for to gather evidences
in accordance with Articles 15, 16 and 17 of the Convention, can ask for help in gathering
of evidences under force.
Seychelles
12-05-2004
[...] wishes to declare, in accordance with article 35 clause c) and pursuant to article 23, first paragraph of the Convention, that the Republic of Seychelles "will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries".
Singapore
27-10-1978
(i) The whole of Chapter II of the Convention shall not apply to the Republic of Singapore
and
(ii) With regard to paragraph 2 of Article 4, the Republic of Singapore will not accept
any Letter of Request in any language other than the English language, as that is
the language used by the Judiciary in Singapore.
In accordance with Article 23 the Government of the Republic of Singapore declares
that the Republic of Singapore will not execute Letters of Request issued for the
purpose of obtaining pre-trial discovery of documents.
The Government of the Republic of Singapore further declares that it understands "Letters
of Request issued for the purpose of obtaining pre-trial discovery of documents" for
the purpose of the foregoing Declaration as including any Letter of Request which
requires a person:
(a) to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
(b) to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested court to be, or to be likely
to be, in his possession, custody or power.
It is the understanding of the Republic of Singapore that the reference to civil or
commercial matters in the Convention does not include revenue or taxation matters.
Slovakia
01-01-1993
Slovakia maintains the declarations made by Czechoslovakia.
South Africa
08-07-1997
Reservations
That the Republic of South Africa excludes the following in terms of Article 33 of
the Convention, namely:
(a) the application of the provision of paragraph 2 of Article 4 of the Convention,
which provides that a Letter of Request shall be accepted in French; and
(b) the application of the provisions of Articles 15 and 16 of Chapter II of the Convention.
Declarations
That the Republic of South Africa makes the following declarations under the Convention:
(a) For the purposes of paragraph 4 of Article 4 of the Convention, a Letter of Request,
if not in English, may also be sent to the Central Authority in any of the following
languages: Sepedi, Sesotho, Setswana, Siswati, Tshivenda, Xitsonga, Afrikaans, isiNdebele,
isiXhosa and isiZulu,
b) Members of the judicial personnel of the requesting authority of another Contracting
State may, after authorisation by the competent authority referred to in Article 8
of the Convention, be present at the execution of a Letter of Request as contemplated
in that Article.
(c) Evidence may not be taken in terms of Article 17 of the Convention without the
prior permission of the competent authority referred to in that Article.
(d) A commissioner authorised to take evidence under Article 17 of the Convention
may, in terms of Article 18 of the Convention, apply to the competent authority referred
to in that Article to obtain the evidence by compulsion, subject to the measures of
compulsion which are appropriate and prescribed by South African law for use in internal
proceedings.
(e) Letters of Request issued for the purpose of obtaining pre-trial discovery of
documents as known in Common Law countries, will not be executed as provided for in
Article 23.
Spain
22-05-1987
a) In accordance with Article 33 in relation with Article 4, paragraph 2, Spain will
not accept Letters of Request which are not drawn up in Spanish or accompanied by
a translation.
b) With prior authorization of the Spanish Ministry of Justice, a Judge of the requesting
State may intervene in the execution of a Letter of Request, in accordance with Article
8.
c) In accordance with Articles 16 and 17, the evidence may be taken, without prior
permission of the Spanish Authority, in the premises of the diplomatic or consular
representation of the requesting State.
d) Pursuant to Article 23, Spain does not accept Letters of Request derived from the
"pre-trial discovery of documents" procedure known in Common Law countries.
Sri Lanka
31-08-2000
i) For purposes of Article 4 of the Convention, the letter of request should be in
the English language or if in French, accompanied by an English translation.
ii) For purposes of Article 8 of the Convention, the prior authorisation of the Competent
Authority designated under Article 2 would be required.
iii) The Government of Sri Lanka further declares in terms of Article 23 of the Convention,
that it will not execute Letters of Request issued for the purpose of obtaining pre-trial
discovery of documents.
iv) The Government of Sri Lanka, in terms of Article 33, excludes in whole, the application
of the provisions of Chapter II of the Convention.
Sweden
02-05-1975
- That, in pursuance of Article 4, para. 4, Letters of Request in the Danish and Norwegian
languages will be accepted;
- That, in pursuance of Article 8, members of the judicial personnel of the requesting
authority of another Contracting State may be present at the execution of a Letter
of Request without prior authorization;
- That, in pursuance of Article 15, para. 2, a diplomatic officer or consular agent
may only take evidence if permission to do so has been granted by the competent Swedish
authority;
- That, in pursuance of Article 23, Letters of Request issued for the purpose of obtaining
pre-trial discovery of documents as known in common law countries will not be executed;
- That documents provided by Sweden which establish that a Letter of Request has been
executed will be in the Swedish language only.
11-07-1980
The Swedish Government understands "Letters of Request issued for the purpose of pre-trial
discovery of documents" for the purposes of the foregoing Declaration as including
any Letter of Request which requires a person:
a. to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
b. to produce any documents other than particular documents specified in the Letter
of Request, which are likely to be in his possession, custody or power.
Switzerland
02-11-1994
Re article 1
With regard to article 1, Switzerland takes the view that the Convention applies exclusively
to the Contracting States. Moreover, regarding the conclusions of the special committee
which met in The Hague in April 1989, Switzerland believes that, whatever the opinion
of the Contracting States on the exclusive application of the Convention, priority
should in any event be given to the procedures provided for in the Convention regarding
requests for the taking of evidence abroad.
Re article 4, second and third paragraphs
In accordance with articles 33 and 35, Switzerland declares, with regard to article
4, second and third paragraphs, that Letters of Request and any accompanying documents
must be in the language of the authority requested to execute them, i.e. in German,
French or Italian, or accompanied by a translation into one of these languages, depending
on the part of Switzerland in which the documents are to be executed. The documents
confirming execution will be drawn up in the official language of the requested authority
(cf. annex).
Re article 8
In accordance with article 35, second paragraph, Switzerland declares, with regard
to article 8, that members of the judicial personnel of the requesting authority of
another Contracting State may be present at the execution of a Letter of Request provided
they have obtained prior authorisation from the executing authority.
Re articles 15, 16 and 17
In accordance with article 35, Switzerland declares that evidence may be taken according
to articles 15, 16 and 17 subject to prior authorisation by the Federal Justice and
Police Department. A request for authorisation must be addressed to the Central Authority
in the canton where the evidence is to be taken.
Re article 23
In accordance with article 23, Switzerland declares that Letters of Request issued
for the purpose of obtaining pre-trial discovery of documents will not be executed
if:
a. the request has no direct and necessary link with the proceedings in question;
or
b. a person is required to indicate what documents relating to the case are or were
in his/her possession or keeping or at his/her disposal; or
c. a person is required to produce documents other than those mentioned in the request
for legal assistance, which are probably in his/her possession or keeping or at his/her
disposal; or
d. interests worthy of protection of the concerned persons are endangered.
25-09-2020
Cantonal Central Authorities (modification) (list up to date as per 23 July 2020)
A list of the Central Cantonal Authorities including their address, email address
and phone/fax numbers can be consulted online at the following address: https://www.rhf.admin.ch/rhf/fr/home/zivilrecht/behoerden/zentralbehoerden.html
Türkiye
13-12-2000
In accordance with Article 33 of the Convention, the Republic of Turkey excludes the
application on its territory:
- The provisions of the Article 4, paragraph 2.
- The provisions of the Chapter II.
In terms of Article 35 of the Convention, the Republic of Turkey declares that it
will not execute letters of request issued for the purpose of obtaining pre-trial
discovery of documents as known in Common Law countries, as provided for in Article
23.
03-05-2002
In accordance with Article 33 of the Convention on the Taking of Evidence Abroad in
Civil and Commercial Matters, the Republic of Turkey reserves its right not to implement
the provisions of Article 4, paragraph 2 on its territory. Letters of request which
are to be executed under the Chapter I of the Convention, shall be in Turkish or be
accompanied by a Turkish translation in compliance with Article 4, paragraphs 1 and
5.
In accordance with Article 35 of the Convention, the Republic of Turkey declares that:
It will not execute letters of request issued for the purpose of obtaining pre-trial
discovery documents as known in Common Law countries, as provided for in Article 23.
13-08-2004
In accordance with Article 33 of the Convention on the Taking of Evidence Abroad in
Civil and Commercial Matters, the Republic of Turkey reserves its right not to implement
the provisions of Article 4, paragraph 2 on its territory. Letters of request which
are to be executed under the Chapter I of the Convention, shall be in Turkish or be
accompanied by a Turkish translation in compliance with Article 4, paragraphs 1 and
5.
In accordance with Article 35 of the Convention, the Republic of Turkey declares that:
It will not execute letters of request issued for the purpose of obtaining pre-trial
discovery of documents as known in Common Law countries, as provided for in Article
23.
Ukraine
01-02-2001
In accordance with Article 4 of the Convention, Letters of Request to be executed
under Chapter I of the Convention must be in the Ukrainian language or be accompanied
by a translation into the Ukrainian language;
In accordance with Article 3 of the Convention, members of the judicial personnel
of the requesting authority of another Contracting Party may be present at the execution
of a Letter of Request, if the possibility of such presence is confirmed by the consent
of the Ministry of Justice of Ukraine;
In accordance with Article 23 of the Convention, Ukraine will not execute Letters
of Request issued for the purpose of obtaining pre-trial discovery of documents as
known in Common Law countries;
In accordance with Article 33 of the Convention, Ukraine makes the following reservations:
Ukraine excludes, in whole, the application of the provisions of paragraph 2 of Article
4 of the Convention;
Ukraine excludes the application within its territory of the provisions of Chapter
II of the Convention, except for Articles 15, 20, 21 and 22.
16-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine - the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against the Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above Conventions, as applied to the aforementioned occupied and uncontrolled
territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the Conventions regarding the possibility of direct communication
or interaction do not apply to the territorial organs of Ukraine in the Autonomous
Republic of Crimea and the city of Sevastopol, as well as in certain districts of
the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control
of Ukraine. The procedure of the relevant communication is determined by the central
authorities of Ukraine in Kyiv.
09-03-2022
In view of the ongoing aggression of the Russian Federation against Ukraine, Ukraine hereby informs the Depositary […] of the inability to guarantee the fulfilment by the Ukrainian side of obligations [under the above Convention] to the full extent for the period of the armed aggression of the Russian Federation and the martial law in place in the territory of Ukraine until complete termination of the encroachment upon the sovereignty, territorial integrity and inviolability of Ukraine.
01-12-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with
the exception of the territories where hostilities are (were) conducted or temporarily
occupied by the Russian Federation, on which it is impossible to fully guarantee the
Ukrainian Party's fulfillment of its obligations under [this treaty] as a result of
the armed aggression of the Russian Federation against Ukraine, as well as the introduction
of martial law on the territory of Ukraine until the complete cessation of encroachment
on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
United Kingdom
16-07-1976
[...] in accordance with the provisions of Article 33 the United Kingdom will not
accept a Letter of Request in French.
Declarations
1. In accordance with Article 8 Her Majesty's Government declare that members of the
judicial personnel of the requesting authority may be present at the execution of
a Letter of Request.
2. In accordance with Article 18 Her Majesty's Government declare that a diplomatic
officer, consular agent or commissioner authorised to take evidence under Articles
15, 16 and 17 may apply to the competent authority designated hereinbefore for appropriate
assistance to obtain such evidence by compulsion provided that the Contracting State
whose diplomatic officer, consular agent or commissioner makes the application has
made a declaration affording reciprocal facilities under Article 18.
3. In accordance with Article 23 Her Majesty's Government declare that the United
Kingdom will not execute Letters of Request issued for the purpose of obtaining pre-trial
discovery of documents. Her Majesty's Government further declare that Her Majesty's
Government understand "Letters of Request issued for the purpose of obtaining pre-trial
discovery of documents" for the purposes of the foregoing Declaration as including
any Letter of Request which requires a person:
a. to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
b. to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested court to be, or to be likely
to be, in his possession, custody or power.
4. In accordance with Article 27 Her Majesty's Government declare that by the law
and practice of the United Kingdom of the prior permission referred to in Articles
16 and 17 is not required in respect of diplomatic officers, consular agents or commissioners
of a Contracting State which does not require permission to be obtained for the purposes
of taking evidence under Articles 16 or 17.
23-06-1978
Hong Kong
In accordance with the provisions of Article 4 and Article 33 of the Convention, Hong
Kong will not accept a Letter of Request in French.
21-11-1978
Gibraltar
[...] in accordance with the provisions of Article 4 and Article 33 of the Convention,
Gibraltar will not accept a Letter of Request in French.
Declarations
1. In accordance with Article 8, members of the judicial personnel of the requesting
authority may be present at the execution of a Letter of Request in Gibraltar.
2. In accordance with Article 18, a diplomatic officer, consular agent or commissioner
authorised to take evidence under Articles 15, 16 and 17 of the Convention may apply
to the competent authority in Gibraltar designated hereinbefore for appropriate assistance
to obtain such evidence by compulsion provided that the Contracting State whose diplomatic
officer, consular agent or commissioner makes the application has made a declaration
affording reciprocal facilities under Article 18.
3. In accordance with Article 23, Gibraltar will not execute Letters of Request issued
for the purpose of obtaining pre-trial discovery of documents. The Government of
Gibraltar understands "Letters of Request issued for the purpose of obtaining pre-trial
discovery of documents" for the purposes of the foregoing Declaration as including
any Letter of Request which requires a person:
(a) to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
(b) to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested court to be, or likely to
be, in his possession, custody or power.
4. In accordance with Article 27, by the law and practice of Gibraltar the prior permission
referred to in Articles 16 and 17 of the Convention is not required in respect of
diplomatic officers, consular agents or commissioners of a Contracting State which
does not require permission to be obtained for the purposes of taking evidence under
Articles 16 or 17.
25-06-1979
Sovereign Base Areas of Akrotiri and Dhekelia on the Island of Cyprus
[...] in accordance with the provisions of Article 4 and Article 33 of the Convention,
the Sovereign Base Areas will not accept a Letter of Request in French.
Declarations
1. In accordance with Article 8, members of the judicial personnel of the requesting
authority may be present at the execution of a Letter of Request in the Sovereign
Base Areas.
2. In accordance with Article 18, a diplomatic officer, consular agent or commissioner
authorised to take evidence under Article 15, 16 and 17 of the Convention may apply
to the competent authority in the Sovereign Base Areas designated hereinbefore for
appropriate assistance to obtain such evidence by compulsion provided that the Contracting
State whose diplomatic officer, consular agent or commissioner makes the application
has made a declaration affording reciprocal facilities under Article 18.
3. In accordance with Article 23, the Sovereign Base Areas will not execute Letters
of Request issued for the purpose of obtaining pre-trial discovery of documents.
The administration of the Sovereign Base Areas understands "Letters of Request issued
for the purpose of obtaining pre-trial discovery of documents" for the purposes of
the foregoing Declaration as including any Letter of Request which requires a person:
a) to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
b) to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested court to be, or likely to
be, in his possession, custody or power.
4. In accordance with Article 27, by the law and practice of the Sovereign Base Areas
the prior permission referred to in Article 16 and 17 of the Convention is not required
in respect of diplomatic officers, consular agents or commissioners of a Contracting
State which does not require permission to be obtained for the purposes of taking
evidence under Article 16 or 17.
26-11-1979
Falkland Islands
[...] in accordance with the provisions of Article 4 and Article 33 of the Convention,
the Falkland Islands and Dependencies will not accept a Letter of Request in French.
Declarations
1. In accordance with Article 8, members of the judicial personnel of the requesting
authority may be present at the execution of a Letter of Request in the Falkland Islands
and Dependencies.
2. In accordance with Article 18, a diplomatic officer, consular agent or commissioner
authorised to take evidence under Article 15, 16 and 17 of the Convention may apply
to the competent authority in the Falkland Islands and Dependencies designated hereinbefore
for appropriate assistance to obtain such evidence by compulsion provided that the
Contracting State whose diplomatic officer, consular agent or commissioner makes the
application has made a declaration affording reciprocal facilities under Article 18.
3. In accordance with Article 23, the Falkland Islands and Dependencies will not execute
Letters of Request issued for the purpose of obtaining pre-trial discovery of documents.
The Governor of the Falkland Islands and its dependencies understands "Letters of
Request issued for the purpose of obtaining pre-trial discovery of documents" for
the purposes of the foregoing declaration as including any Letter of Request which
requires a person:
a) to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
b) to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested court to be, or likely to
be, in his possession, custody or power.
4. In accordance with Article 27, by the law and practice of the Falkland Islands
and Dependencies the prior permission referred to in Articles 16 and 17 of the Convention
is not required in respect of diplomatic officers, consular agents or commissioners
of a Contracting State which does not require permission to be obtained for the purposes
of taking evidence under Articles 16 or 17.
16-04-1980
Isle of Man
[...] in accordance with the provisions of Article 4 and Article 33 of the Convention,
the Isle of Man will not accept a Letter of Request in French.
Declarations
1. In accordance with Article 8, members of the judicial personnel of the requesting
authority may be present at the execution of a Letter of Request in the Isle of Man.
2. In accordance with Article 18, a diplomatic officer, consular agent or commissioner
authorised to take evidence under Article 15, 16 and 17 of the Convention may apply
to the competent authority in the Isle of Man designated hereinbefore for appropriate
assistance to obtain such evidence by compulsion provided that the Contracting State
whose diplomatic officer, consular agent or commissioner makes the application has
made a declaration affording reciprocal facilities under Article 18.
3. In accordance with Article 23, the Isle of Man will not execute Letters of Request
issued for the purpose of obtaining pre-trial discovery of documents. The Government
of the Isle of Man understands "Letters of Request issued for the purpose of obtaining
pre-trial discovery of documents" for the purposes of the foregoing declaration as
including any Letter of Request which requires a person:
a) to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
b) to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested court to be, or likely to
be, in his possession, custody or power.
4. In accordance with Article 27, by the law and practice of the Isle of Man the prior
permission referred to in Articles 16 and 17 of the Convention is not required in
respect of diplomatic officers, consular agents or commissioners of a Contracting
State which does not require permission to be obtained for the purposes of taking
evidence under Articles 16 or 17.
16-09-1980
Cayman Islands
[...] in accordance with the provisions of Article 4 and Article 33 of the Convention,
the Cayman Islands will not accept a Letter of Request in French.
Declarations
1) In accordance with Article 8, members of the judicial personnel of the requesting
authority may be present at the execution of a Letter of Request in the Cayman Islands.
2) In accordance with Article 18, a diplomatic officer, consular agent or commissioner
authorised to take evidence under Articles 15, 16 and 17 of the Convention may apply
to the competent authority in the Cayman Islands designated hereinbefore for appropriate
assistance to obtain such evidence by compulsion provided that the Contracting State
whose diplomatic officer, consular agent or commissioner makes the application has
made a declaration affording reciprocal facilities under Article 18.
3) In accordance with Article 23, the Cayman Islands will not execute Letters of Request
issued for the purpose of obtaining pre-trial discovery of documents. The Government
of the Cayman Islands understand "Letters of Request issued for the purpose of obtaining
pre-trial discovery of documents" for the purposes of the foregoing declaration as
including any Letter of Request which requires a person:
a) to state what documents relevant to the proceedings to which the Letters of Request
relates are, or have been, in his possession, custody or power; or
b) to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested court to be, or likely to
be, in his possession, custody or power.
4) In accordance with Article 27, by the law and practice of the Cayman Islands the
prior permission referred to in Article 16 and 17 of the Convention is not required
in respect of diplomatic officers, consular agents or commissioners of a Contracting
State which does not require permission to be obtained for the purposes of taking
evidence under Articles 16 or 17.
19-11-1985
Guernsey
Under Article 23 of the Convention, Guernsey will not execute Letters of Request issued
for the purpose of obtaining pre-trial discovery of documents.
03-07-1986
Anguilla
[...] in accordance with the provisions of Articles 4 and 33 of the Convention, that
Anguilla will not accept a Letter of Request in French.
In accordance with Article 8, members of the judicial personnel of the requesting
authority may be present at the execution of a Letter of Request in Anguilla.
In accordance with Article 18, a diplomatic officer, consular agent or commissioner
authorised to take evidence under Articles 15, 16 and 17 of the Convention may apply
to the competent authority in Anguilla designated above for appropriate assistance
to obtain such evidence by compulsion provided that the contracting State whose diplomatic
officer, consular agent or commissioner makes the application has made a declaration
affording reciprocal facilities under Article 18.
In accordance with Article 23, Anguilla will not execute Letters of Request issued
for the purpose of obtaining pre-trial discovery of documents. Anguilla understands
'Letters of Request issued for the purpose of obtaining pre-trial discovery of documents'
for the purposes of the foregoing declaration as including any Letter of Request which
requires a person:
i. to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
ii. to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested court to be or likely to
be, in his possession, custody or power.
In accordance with Article 27, by the law and practice of Anguilla the prior permission
referred to in Articles 16 and 17 of the Convention is not required in diplomatic
officers, consular agents or commissioners of a Contracting State which does not require
permission to be obtained for the purposes of taking evidence under Articles 16 or
17.
06-01-1987
Jersey
Declarations
1. In accordance with Article 8, members of the judicial personnel of the requesting
authority may be present at the execution of a Letter of Request in Jersey only with
the prior authorisation of the Royal Court.
2. In accordance with Article 18, a diplomatic officer, consular agent or commissioner
authorised to take evidence under Articles 15, 16 and 17 of the Convention may apply
to the competent authority in Jersey designated hereinbefore for appropriate assistance
to obtain such evidence by compulsion provided that the Contracting State whose diplomatic
officer, consular agent or commissioner makes the application has made a declaration
affording reciprocal facilities under Article 18.
3. In accordance with Article 23, Jersey will not execute Letters of Request issued
for the purpose of obtaining pre-trial discovery of documents.
The Government of Jersey understands 'Letters of Request issued for the purpose of
obtaining pre-trial discovery of documents' for the purposes of the foregoing declaration
as including any Letter of Request which requires a person:
i. to state what documents relevant to the proceedings to which the Letter of Request
relates are, or have been, in his possession, custody or power; or
ii. to produce any documents other than particular documents specified in the Letter
of Request as being documents appearing to the requested court to be or likely to
be, in his possession, custody or power.
21-02-1995
[...] to confirm that, unless otherwise stated, in future the acceptance by the United Kingdom of the accession of any State to the Convention shall also be acceptance in respect of all the territories for the international relations of which the United Kingdom is responsible and to which the application of the Convention has been extended.
16-06-1997
Hong Kong
I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign
and Commonwealth Affairs to refer to the Convention on the Taking of Evidence Abroad
in Civil or Commercial Matters done at the Hague on 18 March 1970 (hereinafter referred
to as the Convention) which applies to Hong Kong at present.
I am also instructed to state that, in accordance with the Joint Declaration of the
Government of the United Kingdom of Great Britain and Northern Ireland and the Government
of the People's Republic of China on the Question of Hong Kong signed on 19 December
1984, the Government of the United Kingdom will restore Hong Kong to the People's
Republic of China with effect from 1 July 1997. The Government of the United Kingdom
will continue to have international responsibility for Hong Kong until that date.
Therefore, from that date the Government of the United Kingdom will cease to be responsible
for the international rights and obligations arising from the application of the Convention
to Hong Kong.
United States of America
09-02-1973
Under paragraph 2 of Article 4 the United States has agreed to accept a Letter of
Request in or translated into French. The United States wishes to point out that owing
to the necessity of translating such documents into English it will take the Central
Authority longer to comply with a Letter of Request in or translated into French than
with a similar request received in English.
In accordance with paragraph 3 of Article 4 the United States declares that it will
also accept Letters of Request in Spanish for execution in the Commonwealth of Puerto
Rico.
In accordance with Article 8 the United States declares that subject to prior authorization
members of the judicial personnel of the requesting authority of another Contracting
State may be present at the execution of a Letter of Request.
The United States declares that evidence may be taken in the United States under Articles
16 and 17 without its prior permission.
In accordance with Article 18 the United States declares that a diplomatic or consular
officer or a commissioner authorized to take evidence under Articles 15, 16 or 17
may apply for appropriate assistance to obtain the evidence by compulsion. The competent
authority for the purposes of Article 18 is the United States district court of the
district in which a person resides or is found.
Such court may order him to give his testimony or statement or to produce a document
or thing for use in a proceeding in a foreign tribunal. The order may direct that
the testimony or statement be given, or the document or other thing be produced, before
a person appointed by the court.
Venezuela
01-11-1993
1. With regard to Article 4, paragraph 2:
The Republic of Venezuela will accept Letters of Request and documents and other items
annexed thereto only when these are properly translated into the Spanish language.
2. With regard to Chapter II:
The Republic of Venezuela will not allow commissioners as provided for in Chapter
II of this Convention to act in obtaining evidence.
3. With regard to Article 23:
The Republic of Venezuela declares that it will only execute Letters of Request dealing
with the procedure known in Common Law countries as pretrial discovery of documents
when the following conditions apply:
a) that proceedings have been instituted;
b) that the documents requested to be exhibited or transcribed shall be reasonably
identified as regards their date, contents or other relevant information;
c) that any facts or circumstances giving the plaintiff reasonable cause to believe
that the documents asked for are known to the person requested to produce them so
that they are or were in the possession or under the control or in the custody of
that person, shall be specified;
d) that the connection between the evidence or information sought and the pending
litigation be made quite clear.
Vietnam
04-03-2020
[...]
2. In accordance with Article 33 of the Convention, the Socialist Republic of Viet
Nam excludes, in whole, the application of the provisions of paragraph 2 of Article
4, as well as those of Chapter II of the Convention.
3. In accordance with paragraph 1 of Article 4 of the Convention, the Socialist Republic
of Viet Nam declares that a Letter of Request shall be in Vietnamese or be accompanied
by a translation into Vietnamese.
4. In accordance with Article 23 of the Convention, the Socialist Republic of Viet
Nam declares that it will not execute Letters of Request issued for the purpose of
obtaining pre-trial discovery of documents as known in Common Law countries, unless
all of the following conditions are met:
- The judicial proceeding before competent court has been commenced;
- The documents to be collected are specified in the Letters of Request as to date,
subject and relevant information and facts to prove the direct relationship between
information sought and the pending proceeding; and
- The documents are related to the requested person or under the person's possession
or control.