Verdrag inzake de verkrijging van bewijs in het buitenland in burgerlijke en in handelszaken

toegevoegd voorbehoud
09-02-2026
With respect to Georgia, the acceptance of its accession to the Evidence Convention by the Socialist Republic of Viet Nam shall not be construed as the acceptance or recognition of any declarations made by Georgia which are beyond those matters governed by the aforementioned Convention.

toegevoegd voorbehoud
09-01-2026
1 In accordance with Article 35, Switzerland declares that the taking of evidence in accordance with Articles 15, 16 and 17 requires prior permission from the Federal Office of Justice (FOJ). Paragraph 3 below applies notwithstanding. A copy of the request for permission must be sent to the central authority of the canton where the evidence is to be taken. 2 The commissioner within the meaning of Article 17 may take evidence himself or only supervise the taking of evidence. He will ensure that the provisions of the Convention and the conditions attached to the permission or the conditions set out in paragraph 3 below are observed. In the event of an impediment, the commissioner may appoint a representative. The court may appoint several commissioners. 3 Persons who are staying in Switzerland may be questioned or examined without prior permission by a commissioner located abroad or take part in a hearing abroad by means of a conference call, videoconference, or by any other electronic means of audio or video transmission, providing the following conditions are satisfied: a) the FOJ and the central authority of the canton in the territory of which the person concerned is staying at the time of the conference call or videoconference (Article 19) are given reasonable advance notice of the date of the conference call or videoconference; advance notice is considered to be reasonable if the FOJ receives the information in question at least fourteen days before the conference call or videoconference; b) the following information accompanies the advance notice given: - the name and reference number of the action; - the name of the competent court; - the names and addresses of the parties and their representatives (including representatives in Switzerland, if any); - the name and the private or professional address of the person concerned and the name of the canton where they are staying at the time of the conference call or videoconference; - the names, if they are known, and positions of the other persons taking part in the conference call or videoconference; - the nature and object of the action and the subject of conference call or videoconference; - the exact name of the means of communication used and, if they are already known, the login details; - the name of a contact person for the FOJ and the cantonal central authority; c) if the court has appointed a commissioner, a copy of the decision is attached to the advance notice; it includes, among other things, the commissioner’s name and private or professional address; d) the authorities may demand additional information; e) the cantonal central authority or a different authority it has designated may take part in the conference call or the videoconference (Article 19); f) a declaration by the person concerned acknowledging that they have read the present conditions and consenting to take part in the conference call or videoconference is attached to the advance notice; g) the person concerned may withdraw their consent at any time; h) the rules laid down in Articles 20 and 21 must be respected; i) the person concerned has the right to be questioned and to communicate in their mother tongue and may ask for a translation of the key statements made by the other persons taking part in the conference call or the videoconference; j) the technology employed guarantees an adequate level of security of personal data against any unwarranted processing; during a videoconference, all the participants must receive the audio and video signal simultaneously; k) the results of the taking of evidence are used exclusively for the purposes of the proceedings in the context of which the evidence was taken. 4 Requests within the meaning of paragraph 1 above and the advance notice within the meaning of paragraph 3 above may be submitted electronically to the FOJ; they must be written in an official language of the canton concerned or accompanied by a translation. 5 The provisions of Swiss criminal law on secrecy obligations, particularly article 273 of the criminal code (RS 311.0), remain applicable.

toegevoegd voorbehoud
24-07-2025
Reservations In accordance with Article 4 paragraph 2 of the Convention, on the territory of the Republic of Moldova, Letters of Request shall be accepted and executed only if they are drawn up in Romanian language or accompanied by a translation into Romanian language. In accordance with Article 33 paragraph 1 of the Convention, the Republic of Moldova shall not apply the provisions of Chapter II of the Convention. Declarations In accordance with Article 8 of the Convention, magistrates of the requesting authority may be present in the execution of a Letter of Request with the prior authorization granted by the court executing the respective Letter of Request. In accordance with Article 23 of the Convention, the Republic of Moldova shall not execute Letters of Request which have as their object a procedure known in common law countries as pretrial discovery of documents.

toegevoegd voorbehoud
06-05-2025
Reservations: 1. For the purposes of applying the second paragraph of Article 4 of the Convention, the Philippines will only accept Letters of Request written in English or accompanied by a translation into English. 2. The Philippines excludes, in whole, the application of Chapter II of the Convention, which relates to the taking of evidence by diplomatic officers, consular agents, and commissioners. Declarations: In accordance with Article 23, the Philippines 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. The Philippines 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.

toegevoegd voorbehoud
13-03-2025
1. For the purposes of applying the second paragraph of Article (4) of the Convention, the Kingdom of Bahrain will only accept letters of request written in or translated into English. 2. The Kingdom of Bahrain completely excludes the application of Chapter Two of the Convention, which relates to the taking of evidence by diplomatic officers, consular agents and commissioners.

toegevoegd voorbehoud
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.

toegevoegd voorbehoud
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

toegevoegd voorbehoud
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.

toegevoegd voorbehoud
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”.

toegevoegd voorbehoud
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.