37/1976

Todisteiden vastaanottamista ulkomailla siviili- tai kauppaoikeudellisissa asioissa koskeva yleissopimus

Konvention om bevisupptagning i utlandet i mål och ärenden av civil eller kommersiell natur

Convention on the Taking of Evidence abroad in Civil or Commercial Matters

Perustiedot

Sopimustyyppi:
II Monenväliset sopimukset
6. Valtio
6.3. oikeudellinen yhteistyö, rikollisuuden torjuminen, huumeet
Allekirjoituspäivä:

18.03.1970 (Haag)

Ratifiointipäivä:07.04.1976 R
Voimaantulopäivä: - , Suomen ja Bosnia-Hertsegovinan välillä.
Kansainvälinen voimaantulopäivä: 07.10.1972
Sopimukset: 37/1976
Säädösviitteet: 574/1976

Sopimukseen tehdyt muutokset

Osapuolet

  • ALANKOMAAT
    Sitoutumispäivä: 08.04.1981 R
    Voimaantulopäivä: 07.06.1981
    Varauma:

    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.

  • ALBANIA
    Sitoutumispäivä: 16.07.2010 L
    Voimaantulopäivä: 12.09.2010
    Varauma:

    Articles 33, 35

    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
    Sitoutumispäivä: 26.04.2017 L
    Voimaantulopäivä: 25.06.2017
    Varauma:

    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.

  • ARGENTIINA
    Sitoutumispäivä: 08.05.1987 L
    Voimaantulopäivä: 07.07.1987
    Varauma:

    (Reservations)
    "La Rep?blica Argentina no cumplir? los exhortos que tengan por objeto un procedimiento conocido en los Estados del "Common Law", por el nombre de "pre-trial discovery of documents (exhibicion de documentos antes del juicio).
    La Rep?blica Argentina excluye totalmente la applicaci?n de las disposiciones del p?rrafo 2 del art?culo 4, as? como las del cap?tulo II."
    (Translation)
    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 totally excludes the application of the provisions of paragraph 2 of Article 4, as well as those of Chapter II;
    Declaration:
    "La Rep?blica Argentina rechaza la extensi?n de la aplicaci?n de la Convenci?n sobre la Obtenci?n de Pruebas en el Extranjero en Materia Civil o Comercial, adoptada en La Haya el 18 de marzo de 1970, a las islas Malvinas, Georgias del Sur y Sandwich del Sur que fue notificada por el Reino Unido de Gran Bretana e Irlanda del Norte al Ministerio de Relaciones Exteriores del Reino de los Pa?ses Bajos el 23 de noviembre de 1979, y reafirma sus derechos de soberan?a sobre las islas Malvinas, Georgias del Sur y Sandwich del Sur, que forman parte integrante de su territorio nacional."
    "La Asamblea General de las Nacionas Unidas ha adoptado las resoluciones 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21 y 41/40 en las que se reconoce la existencia de una disputa de soberan?a referida a la cuesti?n de las islas Malvinas y se urge a la Rep?blica Argentina y al Reino Unido de Gran Bretana e Irlanda del Norte a mantener las negociaciones a fin de encontrar lo antes posible, una soluci?n pac?fica y definitiva de la disputa, con la interposici?n de los buenos oficios del Secretario General de las Naciones Unidas, quien deber? informar a la Asemblea General acerca de los progresos realizados."
    Asimismo "la Rep?blica Argentina rechaza la aceptaci?n que el 19 de junio de 1986 y por las islas Malvinas, Georgias del Sur y Sandwich del Sur, ha formulado el Reino Unido de Gran Bretana e Irlanda del Norte con respecto a la adhesi?n del Principado de M?naco a la mencionada Convenci?n".

  • ARMENIA
    Sitoutumispäivä: 27.06.2012 L
    Voimaantulopäivä: 26.08.2012
    Varauma:

    Declarations Reservations
    Articles: 4,8,16,17,18,23

    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
    Sitoutumispäivä: 23.10.1992 L
    Voimaantulopäivä: 22.12.1992
    Varauma:

    Pursuant to Article 33, Australia 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 authorization 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 16, the Secretary to the Attorney-General's Department of the Commonwealth of Australia will be its competent authority for the purposes of that Article and is empowered to specify conditions with respect to any permission given under that Article; and
    ? 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;
    (...)
    ? pursuant to Article 40, the Convention extends to all the territories for the international relations of which it is responsible.

  • BARBADOS
    Sitoutumispäivä: 05.03.1981 L
    Voimaantulopäivä: 04.05.1981
  • BOSNIA-HERTSEGOVINA
    Sitoutumispäivä: 16.06.2008 L
    Voimaantulopäivä: 15.08.2008
    Varauma:

    Central Authority (Art. 2): The Ministry of Justice of Bosnia and Herzegovina.

  • BULGARIA
    Sitoutumispäivä: 23.11.1999 L
    Voimaantulopäivä: 22.01.2000
    Varauma:

    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 who executes a Letter of Request is competent to recognise 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."

  • COSTA RICA
    Sitoutumispäivä: 09.04.2016 L
    Voimaantulopäivä: 15.05.2016
  • ESPANJA
    Sitoutumispäivä: 22.05.1987 R
    Voimaantulopäivä: 21.07.1987
    Varauma:

    "De conformidad con el art?culo 33 en relaci?n con el art?culo 4, p?rrafo 2, Espa?a no aceptar? comisiones rogatorias que no est?n redactadas en espa?ol o acompa?adas de una traducci?n.
    a) (...)
    b) Previa autorizaci?n del Ministerio de Justicia espa?ol, un Juez del Estado requirente podr? intervenir en el cumplimiento de una comisi?n rogatoria, de conformidad con el art?culo 8.
    c) De conformidad con los art?culos 16 y 17, la prueba podr? ser practicada, sin necesidad de autorizaci?n previa de la Autoridad espa?ola, en los locales de la Representaci?n diplom?tica o consular del Estado requirente.
    d) A tenor del art?culo 23, Espa?a no acepta las comisiones rogatorias derivadas del procedimiento "pre-trial discovery of documents" conocido en los pa?ses del common law."
    (Translation :)
    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.
    (a) (...)
    (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.

  • ETELÄ-AFRIKKA
    Sitoutumispäivä: 08.07.1997 L
    Voimaantulopäivä: 06.09.1997
    Varauma:

    "1. 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.
    2. (...)
    3. 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 et 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) Evicence 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."

  • ETELÄ-KOREA
    Sitoutumispäivä: 14.12.2009 L
    Voimaantulopäivä: 12.02.2010
    Varauma:

    Declarations Reservations
    Articles: 4,8,16,17,23,33


    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.

  • HONGKONG
    Sitoutumispäivä: -
    Voimaantulopäivä: -
  • INTIA
    Sitoutumispäivä: 07.02.2007 L
    Voimaantulopäivä: 08.04.2007
    Varauma:

    Declarations
    Articles: 4,8,16,17,18,23
    All requests under the Convention shall be in the 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.
    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.

  • ISLANTI
    Sitoutumispäivä: 10.11.2008 L
    Voimaantulopäivä: 09.01.2009
    Varauma:

    Articles: 4,8,15,23
    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.

  • ISO-BRITANNIA
    Sitoutumispäivä: 16.07.1976 R
    Voimaantulopäivä: 14.09.1976
    Varauma:

    Under the following reservation:
    "... in accordance with the provisions of Article 33 the United Kingdom will not accept a Letter of Request in French.",
    (...)
    and the following 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 authorized 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."
    N.B. By a Note dated 9 February 1995 and received on 21 February 1995, the Embassy of the United Kingdom of Great Britain and Northern Ireland informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands 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.

  • ISRAEL
    Sitoutumispäivä: 19.07.1979 R
    Voimaantulopäivä: 17.09.1979
    Varauma:

    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.

  • ITALIA
    Sitoutumispäivä: 22.06.1982 R
    Voimaantulopäivä: 21.08.1982
    Varauma:

    (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 under (4) paragraph 2 below.
    (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 under (4) paragraph 2 below, 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.
    (...)

  • KAZAKSTAN
    Sitoutumispäivä: 26.09.2016 L
    Voimaantulopäivä: 25.11.2016
    Varauma:

    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.

  • KIINA
    Sitoutumispäivä: 08.12.1997 L
    Voimaantulopäivä: 06.02.1998
    Varauma:

    Alueellinen soveltaminen: Sovelletaan my?s Hongkongiin 1.7.1997 lukien ja Macaoon 20.12.1999 lukien.

    (Translation)
    "1. (...)
    2. 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;
    3. 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 accompanied declarations contained in the Note of the Embassy of the People's Republic of China dated 10 June 1997 concerning the application of the Convention in the Hong Kong Special Administrative Region.


    Hongkong:

    Declarations (Articles 4, 16, 23 and 33):
    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 purposes 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.
    3. (...)
    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.

    Macao:
    1. (...)
    2. 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.
    3. 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 the Macao Special Administrative Region.
    The Embassy of the People's Republic of China at The Hague informed the Minister for Foreign Affairs of the Netherlands by letter of 1 November 2000 of the following amendments with respect to the contents of the above Note of 16 December 1999:
    (Translation)
    "1. (...)
    2. The Government of the People's Republic of China also wishes to make the following supplementary declaration: "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".
    (...)".

  • KOLUMBIA
    Sitoutumispäivä: 13.01.2012 L
    Voimaantulopäivä: 13.03.2012
  • KREIKKA
    Sitoutumispäivä: 18.01.2005 R
    Voimaantulopäivä: 19.03.2005
    Varauma:

    1. (...)
    2. 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.
    3. 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.
    4. 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.
    5. 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.

  • KROATIA
    Sitoutumispäivä: 01.10.2009 L
    Voimaantulopäivä: 30.11.2009
    Varauma:

    Declarations Reservations
    Articles: 4,8,15,16,18,23


    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.

  • KUWAIT
    Sitoutumispäivä: 08.05.2002 L
    Voimaantulopäivä: 07.07.2002
  • KYPROS
    Sitoutumispäivä: 13.01.1983 L
    Voimaantulopäivä: 14.03.1983
    Varauma:

    (...)
    4. In accordance with Article 18 the Republic of Cyprus declares that a diplomatic officer, consular agent or commissioner authorized 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.
    (...)
    5. 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.

  • LATVIA
    Sitoutumispäivä: 28.03.1995 L
    Voimaantulopäivä: 27.05.1995
    Varauma:

    Articles 4, 8, 16, 17

    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.

    Persons wishing to obtain evidence within the Republic of Latvia under Article 16 and Article 17 of the Convention submit the respective application to the Ministry of Justice of the Republic of Latvia.

  • LIECHTENSTEIN
    Sitoutumispäivä: 12.11.2008 L
    Voimaantulopäivä: 11.01.2009
    Varauma:

    Articles: 4,8,11,15-18,23
    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.

  • LIETTUA
    Sitoutumispäivä: 02.08.2000 L
    Voimaantulopäivä: 01.10.2000
    Varauma:

    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 pre-trial discovery of documents ..."

  • LUXEMBURG
    Sitoutumispäivä: 26.07.1977 R
    Voimaantulopäivä: 24.09.1977
    Varauma:

    ? 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 G?n?ral 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 authorization, 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 G?n?ral 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 G?n?ral 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 authorization, 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 G?n?ral 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.

  • MACAO
    Sitoutumispäivä: -
    Voimaantulopäivä: -
  • MAKEDONIA
    Sitoutumispäivä: 19.03.2009 L
    Voimaantulopäivä: 18.05.2009
    Varauma:

    Articles 4, 8, 23

    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.

  • MALTA
    Sitoutumispäivä: 24.02.2011 L
    Voimaantulopäivä: 25.04.2011
    Varauma:

    Reservation

    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.

    Authorities

    In accordance with the requirement of Article 2 of the said Convention and for the purposes of this Convention, the designated Central Authority for Malta is the Attorney General, The Palace, Valletta.

  • MAROKKO
    Sitoutumispäivä: 24.03.2011 L
    Voimaantulopäivä: 23.05.2011
    Varauma:

    Authorities

    ...in accordance with article 2, the Moroccan Ministry of Justice has been designated as the Central National Authority.

  • MEKSIKO
    Sitoutumispäivä: 27.07.1989 L
    Voimaantulopäivä: 25.09.1989
    Varauma:

    A) TRANSMISION Y EJECUCION DE LOS EXHORTOS 1. (...)
    2. Requisitos en Materia de Idiomas (Art?culo 4)
    2.1 Los Estados Unidos Mexicanos hacen reserva expresa de las disposiciones del p?rrafo 2 del art?culo 4 y declaran, de conformidad con el p?rrafo 4 del mismo, que los exhortos o cartas rogatorias que se env?en a su Autoridad Central o a sus autoridades judiciales deber?n venir redactodos en espa?ol o presentarse acompa?ados con traducci?n a dicho idioma.
    B) OBTENCION DE PRUEBAS EN EL EXTRANJERO DIPLOMATICOS, CONSULARES Y COMISIONES (CAPITULO II)
    3. Los Estados Unidos Mexicanos hacen reserva expresa y total de las disposiciones contenidas en los Art?culos 17 y 18 de este cap?tulo en relaci?n con los "Comisionados" y el uso de medidas de apremio por parte de agentes diplom?ticos y consulares.
    C) PREPARACION DE ACTOS PREJUDICIALES
    4. En relaci?n con el art?culo 23 de la Convenci?n los Estados Unidos Mexicanos declaran que conforme a su derecho s?lo podr?n cumplimentar exhortos por los que se solicita la exhibici?n y transcripci?n de documentos, cuando se cumplan los siguientes requisitos:
    a) Que se haya iniciado el proceso
    b) Que los documentos est?n identificados razonablemente en cuanto a su fecha, contenido y otra informaci?n pertinente; que se especifiquen aquellos hechos o circunstancias que permitan razonablemente creer a la parte solicitante que los documentos pedidos son del conocimiento de la persona de quien se requieran o que se encuentran o se encontraban en posesi?n o bajo el control o custodia de ella.
    c) Deber? identificarse la relaci?n directa entre la prueba o informaci?n solicitada y el proceso pendiente.
    D) OTROS CANALES DE TRANSMISION A LAS AUTORITADES JUDICIALES DISTINTAS DE LAS PREVISTAS EN EL ARTICULO 2
    5. En relaci?n con el art?culo 27, inciso a) de la Convenci?n, los Estados Unidos Mexicanos declaran que los exhortos o cartas rogatorias podr?n ser transmitidos a sus autoridades judiciales no s?lo a trav?s de la Autoridad Central, sino tambi?n por via diplom?tica o consular o por v?a judicial (directamente de tribunal a tribunal), siempre y cuando en el ?ltimo caso se cumplan con los requisitos de legalizaci?n de firmas.
    6. Con relaci?n al art?culo 32 de la Convenci?n, los Estados Unidos Mexicanos informan que es Estado Parte de la Convenci?n Interamericana sobre Recepci?n de Pruebas en el Extranjero suscrita en Panam?, el 30 de enero de 1975 y de su Protocolo Adicional suscrito en La Paz, Bolivia, el 24 de mayo de 1984."
    (Translation)
    A) TRANSMISSION AND EXECUTION OF LETTERS OF REQUEST
    1. (...)
    2. Language requirements (Article 4)
    2.1 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.
    B) TAKING OF EVIDENCE ABROAD BY DIPLOMATIC OFFICERS, CONSULAR AGENTS AND COMMISSIONS (CHAPTER II)
    3. 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.
    C) FORMULATION OF PRE-TRIAL DISCOVERY OF DOCUMENTS
    4. 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.
    D) OTHER TRANSMISSION CHANNEL TO THE JUDICIAL AUTHORITIES DIFFERENT FROM THOSE PROVIDED FOR IN ARTICLE 2
    5. 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.
    6. In regard to Article 32 of the Convention, the United Mexican States informs that it is a State Party to the Inter-American 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
    Sitoutumispäivä: 17.01.1986 L
    Voimaantulopäivä: 18.03.1986
    Varauma:

    1. (...)
    2. Under Article 4, paragraph 2, only Letters of Request drawn up in French or accompanied by a translation in that language shall be accepted.
    3. Under Article 23, Letters of Request issued for the purpose of obtaining pre-trial discovery of documents shall not be executed.
    4. In accordance with Articles 16 and 17, the Directorate of Judicial Services is designated as a competent authority for the purpose of authorizing, 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 authorization, 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
    Sitoutumispäivä: 16.01.2012 L
    Voimaantulopäivä: 16.03.2012
    Varauma:

    Articles 23, 33

    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.

  • NICARAGUA
    Sitoutumispäivä: 27.02.2019 L
    Voimaantulopäivä: 28.04.2019
  • NORJA
    Sitoutumispäivä: 03.08.1972 R
    Voimaantulopäivä: 07.10.1972
    Varauma:

    Reservation
    "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."
    Declarations:
    "I. (...)
    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 document which establish to 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."
    By a Note dated 7 August 1980 and received on 15 August 1980, Norway referring to its declaration with regard to Article 23 of the Convention made the following additional declaration:
    "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."

  • PORTUGALI
    Sitoutumispäivä: 12.03.1975 R
    Voimaantulopäivä: 11.05.1975
    Varauma:

    (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.

  • PUOLA
    Sitoutumispäivä: 13.02.1996 L
    Voimaantulopäivä: 13.04.1996
    Varauma:

    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:
    a) the provisions of Article 4, paragraph 2,
    b) the provisions of Chapter II, excluding the provisions of Article 15.

  • RANSKA
    Sitoutumispäivä: 07.08.1974 R
    Voimaantulopäivä: 06.10.1974
    Varauma:

    Alueellinen soveltaminen: Sovelletaan Ranskan tasavallan koko alueeseen.


    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;
    (...)
    In accordance with the provisions of Article 16, the Service Civil de l'Entraide Judiciaire Internationale, Minist?re de la Justice, has been designated as the authority competent to authorize diplomatic officers or consular agents of a Contracting State to take the evidence without compulsion of persons other than nationals of that State in aid of proceedings commenced in the courts of a State which they represent.
    This authorization which will be given for each particular case accompanied by particular conditions if need be, shall be subject to the following general conditions:
    1. the evidence must only be taken within the precincts of the Embassies;
    2. the Service Civil de L'Entraide Judiciaire Internationale must be given due notice of the date and time at which the evidence is to be taken so that it can make representatives available if necessary;
    3. the evidence must be taken in a room to which the public has access;
    4. the persons who are to give evidence must receive due notice in the form of an official summons drawn up in French or accompanied by a translation into French, and stating:
    (a) that the taking of evidence for which the person concerned is summoned is based on the provisions of the Hague Convention of 18 March 1970 on the taking of evidence abroad in civil or commercial matters, and is part of the judicial proceedings taken in a court designated by a Contracting State by name;
    (b) that appearance for the giving of evidence is voluntary and that non-appearance cannot lead to prosecution in the requesting State;
    (c) that the parties to any action consent to it or, if they do not, their reasons for this;
    (d) that the person who is to give evidence is entitled to legal advice;
    (e) that the person who is to give evidence can claim dispensation or prohibition from doing so.
    A copy of the summonses will be sent to the Minist?re de la Justice.
    5. The Service Civil de l'Entraide Judiciaire Internationale will be kept informed of any difficulties.
    In accordance with the provisions of Article 17, the Service Civil de l'Entraide Judiciaire Internationale, Minist?re de la Justice, has been designated as the authority competent to authorize persons duly appointed as commissioners to take evidence without compulsion in aid of proceedings commenced in the courts of a Contracting State.
    This authorization, which will be given for each particular case, accompanied if need be by particular conditions, shall be subject to the following general conditions:
    1. the evidence must only be taken within the precincts of the Embassies;
    2. the Service Civil de l'Entraide Judiciaire Internationale must be given due notice of the date and time at which the evidence is to be taken so that it can make representatives available if necessary;
    3. the evidence must be taken in a room to which the public has access;
    4. the persons who are to give evidence must receive due notice in the form of an official summons drawn up in French or accompanied by a translation into French, and stating:
    (a) that the taking of evidence for which the person concerned is summoned is based on the provisions of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, and is part of the judicial proceedings taken in a court designated by a Contracting State by name;
    (b) that appearance for the giving of evidence is voluntary and that non-appearance cannot lead to prosecution in the requesting State;
    (c) that the parties to any action consent to it or, if they do not, their reasons for this;
    (d) that the person who is to give evidence is entitled to legal advice;
    (e) that the person who is to give evidence can claim dispensation or prohibition from doing so.
    A copy of the summonses will be sent to the Minist?re de la Justice.
    5. The Service Civil de l'Entraide Judiciaire Internationale will be kept informed of any difficulties.
    The application for authorization, which will be addressed to the Minist?re de la Justice by the requesting authority, should specify:
    1) the reasons why this method of investigation was chosen in preference to that of Letters of Request, bearing in mind the judiciary expenses involved.
    2) the criteria for designating the commissioners when the person designated does not reside in France.
    The French Government declares that, in pursuance of the provisions 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.
    Modification dated 19 January 1987 of the declaration relating to Article 23:
    (Translation)
    The declaration made by the French Republic in accordance with Article 23 relating to Letters of Request issued for the purpose of obtaining pre-trial 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.
    N.B.: The instrument of ratification of France clearly indicates that the Convention applies to the entire territory of the French Republic. Consequently, besides Metropolitan France and the Overseas Departments (French Guyana, Guadeloupe, Reunion, Martinique), the Convention applies to all of the other French overseas territories. (Translation by the Permanent Bureau)

  • ROMANIA
    Sitoutumispäivä: 21.08.2003 L
    Voimaantulopäivä: 20.10.2003
    Varauma:

    "A. Declarations
    1. (...)
    2. 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.
    3. 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 dioscovery 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 Articles 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."

  • RUOTSI
    Sitoutumispäivä: 02.05.1975 R
    Voimaantulopäivä: 01.07.1975
    Varauma:

    ? 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.

    (...)
    letter dated 10 July 1980 and received on 11 July 1980, Sweden referring to its declaration with regard to Article 23 of the Convention made the following additional declaration:
    e 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."

  • SAKSA
    Sitoutumispäivä: 27.04.1979 R
    Voimaantulopäivä: 26.06.1979
    Varauma:

    "A. The Government of the Federal Republic of Germany makes the following declarations in accordance with paragraph 1 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. (...)
    2. 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.
    3. 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.
    4. 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.
    5. 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."
    The Ministry of Foreign Affairs of the Kingdom of the Netherlands received the following Note from the Embassy of the Federal Republic of Germany at The Hague on 15 October 1980:

  • SERBIA
    Sitoutumispäivä: 02.07.2010 L
    Voimaantulopäivä: 31.08.2010
    Varauma:

    Articles 4, 8, 16, 17, 18, 35

    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.

  • SEYCHELLIT
    Sitoutumispäivä: 07.01.2004 L
    Voimaantulopäivä: 07.03.2004
    Varauma:

    "(...) that it 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
    Sitoutumispäivä: 27.10.1978 L
    Voimaantulopäivä: 26.12.1978
    Varauma:

    "(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
    Sitoutumispäivä: 12.05.1976 VS
    Voimaantulopäivä: 11.07.1976
    Varauma:

    Declarations made by the former Czechoslovakia:
    (Translation)
    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.
    By a Note dated 24 May 1978 the Government of Czechoslovakia informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the designation, in accordance with Articles 2 and 24 of the Convention, of the Ministry of Justice of the Czech Socialist Republic and the Ministry of Justice of the Slovak Socialist Republic as Central Authorities.

    9.3.2011: (...) the competent authority in the Slovak Republic for the purposes of
    a) granting permission for the taking of evidence by a diplomatic officer or consular agent of nationals of the state in which he or she exercises his functions or of a third State (Art. 16) in case no reciprocity is guaranteed, or
    b) granting permission for the taking of evidence by a commissioner (Art. 17) is:
    (...) Ministry of Justice of the Slovak Republic.

  • SLOVENIA
    Sitoutumispäivä: 18.09.2000 L
    Voimaantulopäivä: 17.11.2000
  • SRI LANKA
    Sitoutumispäivä: 31.08.2000 L
    Voimaantulopäivä: 30.10.2000
    Varauma:

    "(i) (...)
    (ii) 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.
    (iii) For purposes of Article 8 of the Convention, the prior authorisation of the Competent Authority designated under Article 2 would be required.
    (iv) 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-trail discovery of documents.
    (v) The Government of Sri Lanka, in terms of Article 33, excludes in whole, the application of the provisions of Chapter II of the Convention."

  • SVEITSI
    Sitoutumispäivä: 02.11.1994 R
    Voimaantulopäivä: 01.01.1995
    Varauma:

    (Translation)
    "Re Article 1
    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 Commission 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 Articles 2 and 24
    2. In accordance with Article 35, first paragraph, Switzerland designates the cantonal authorities listed in the annex (see Authorities) as Central Authorities as referred to in Articles 2 and 24 of the Convention. Requests for the taking of evidence or the execution of any other judicial act may also be addressed to the Federal Justice and Police Department in Bern, which will forward them to the appropriate Central Authority.
    Re Article 4, second and third paragraphs
    3. 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.
    Re Article 8
    4. 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 authorization from the executing authority.
    Re Articles 15, 16 and 17
    5. In accordance with Article 35, Switzerland declares that evidence may be taken according to Articles 15, 16 and 17 subject to prior authorization by the Federal Justice and Police Department. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken.
    Re Article 23
    6. 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."

  • TANSKA
    Sitoutumispäivä: 20.06.1972 R
    Voimaantulopäivä: 07.10.1972
    Varauma:

    "1) Faisant usage des dispositions pr?vues ? l'article 33 le Gouvernement danois d?clare conform?ment ? l'article 4 que le Danemark n'accepte pas les commissions rogatoires adress?es en langue fran?aise.
    2) Faisant usage des dispositions pr?vues ? l'article 33 le Gouvernement danois d?clare conform?ment ? l'article 17 que le Danemark n'accepte pas l'obtention de preuves par commissaires.".
    Article 4
    Les Commissions rogatoires peuvent ?tre adress?es en langues norv?gienne et su?doise et le Danemark n'assume pas d'obligation de retourner les preuves obtenues r?dig?es en d'autres langues que la langue danoise.
    Article 8
    Les magistrats de l'Autorit? requ?rante d'un autre Etat contractant peuvent assister ? l'ex?cution d'une commission rogatoire s'ils ont obtenu l'autorisation pr?alable de l'autorit? comp?tente danoise.
    Article 15
    Un agent diplomatique ou consulaire peut proc?der ? l'acte d'instruction moyennant l'autorisation du Minist?re de la Justice.
    Article 16
    Le Minist?re de la Justice donne l'autorisation de proc?der ? l'acte d'instruction.
    Article 23
    Les commissions rogatoires qui ont pour objet la proc?dure connue sous le nom de "pre-trial discovery of documents" ne peuvent ?tre ex?cut?es au Danemark.
    Article 27a
    Les commissions rogatoires peuvent ?tre transmises comme jusqu'ici par les agents consulaires des Etats ?trangers au Danemark, directement au tribunal danois comp?tent.
    By Note dated 22 July 1980 and received on 23 July 1980, Denmark referring to its declaration with regard to Article 23 of the Convention made the following additional declaration:
    "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."

  • TSHEKKI
    Sitoutumispäivä: 12.05.1976 VS
    Voimaantulopäivä: 11.07.1976
    Varauma:

    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.

  • TURKKI
    Sitoutumispäivä: 13.08.2004 R
    Voimaantulopäivä: 12.10.2004
    Varauma:

    In accordance with Article 33 of the Convention, 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 Chapter I of the Conventon, 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:
    - the Ministry of Justice has been designated as the competent authority empowered to grant permission envisaged in Articles 16 and 17 and,
    - 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.

  • UKRAINA
    Sitoutumispäivä: 01.02.2001 L
    Voimaantulopäivä: 01.04.2001
    Varauma:

    (...)
    - 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 8 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.

  • UNKARI
    Sitoutumispäivä: 13.07.2004 L
    Voimaantulopäivä: 11.09.2004
    Varauma:

    "To Article 2
    In the Republic of Hungary the Ministry of Justice is designated as the Central Authority in accordance with Article 2 of the Convention.
    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."
    (Reservations)
    "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."

  • VALKO-VENÄJÄ
    Sitoutumispäivä: 07.08.2001 L
    Voimaantulopäivä: 06.10.2001
    Varauma:

    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 authorisation 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.

  • VENEZUELA
    Sitoutumispäivä: 01.11.1993 L
    Voimaantulopäivä: 31.12.1993
    Varauma:

    1. Respecto del P?rrafo 2 del Art?culo 4:
    "La Rep?blica de Venezuela aceptar? las Comisiones Rogatorias y los documentos y otros recaudos anexos a las mismas, s?lo cuando se encuentren debidamente traducidas al idioma castellano".
    2. Respecto del Cap?tulo II:
    "La Rep?blica de Venezuela no permitir? la intervenci?n en la obtenci?n de pruebas de los comisarios, previstos en el Cap?tulo II de este Convenio".
    3. Respecto del Art?culo 23:
    "La Rep?blica de Venezuela declara, que s?lo ejecutar? las Comisiones Rogatorias que tengan por objeto el procedimiento conocido en los pa?ses del common law con el nombre de pretrial discovery of documents, cuando se cumplan las siguientes condiciones:
    a) que se haya iniciado el proceso;
    b) que los documentos cuya exhibici?n o transcripci?n se solicita se encuentren identificados razonablemente en cuanto a su fecha, contenido u otra informaci?n pertinente;
    c) que se especifiquen aquellos hechos o circunstancias que permitan razonablemente creer a la parte solicitante que los documentos pedidos son del conocimiento de la persona de quien se requieran o que se encuentren o se encontraban en posesi?n o bajo el control o custodia de ella;
    d) que se indique con toda claridad la relaci?n entre la prueba o la informaci?n solicitada y el proceso pendiente".
    (Translation)
    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 pre-trial 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".

  • VENÄJÄ
    Sitoutumispäivä: 01.05.2001 L
    Voimaantulopäivä: 30.06.2001
  • VIRO
    Sitoutumispäivä: 02.02.1996 L
    Voimaantulopäivä: 02.04.1996
    Varauma:

    1) On the basis of Article 8, the judges of the pursuing State have the right to participate in the process operation subject 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 documents 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."

  • YHDYSVALLAT
    Sitoutumispäivä: 08.08.1972 R
    Voimaantulopäivä: 07.10.1972
    Varauma:

    (...)
    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 Department of Justice is the competent authority for the purposes of this Article.
    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."

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