Contracting Parties and Signatories to this Convention that are also Members of the HCCH (i.e., the Organisation) are in bold; Contracting Parties and Signatories that are not Members of the HCCH are in italics.
Contracting Party | U 1 | R/A/S2 | Typus3 | IKT4 | AUSD5 | Beh6 | V/D/N/DM7 |
---|---|---|---|---|---|---|---|
Albanien | 4-V-2007 | A* | 1-VIII-2007 | 1 | Res 26 | ||
Andorra | 6-IV-2011 | A* | 1-VII-2011 | 1 | Res 24,26 | ||
Argentinien | 28-I-1991 | 19-III-1991 | R | 1-VI-1991 | 1 | D | |
Armenien | 1-III-2007 | A* | 1-VI-2007 | 1 | Res 24,26 | ||
Australien | 29-X-1986 | 29-X-1986 | R | 1-I-1987 | 1 | D | |
Bahamas | 1-X-1993 | A* | 1-I-1994 | 1 | |||
Barbados | 11-VII-2019 | A* | 1-X-2019 | 1 | |||
Belarus | 12-I-1998 | A* | 1-IV-1998 | 1 | Res 26 | ||
Belgien | 11-I-1982 | 9-II-1999 | R | 1-V-1999 | 1 | ||
Belize | 22-VI-1989 | A* | 1-IX-1989 | 1 | Res 24,26 | ||
Bolivien (Plurinationaler Staat) | 13-VII-2016 | A* | 1-X-2016 | 1 | D,Res 24,26 | ||
Bosnien und Herzegowina | 23-VIII-1993 | Su | 6-III-1992 | 1 | |||
Botsuana | 14-XI-2022 | A* | 1-II-2023 | 1 | |||
Brasilien | 19-X-1999 | A* | 1-I-2000 | 1 | Res 24 | ||
Bulgarien | 20-V-2003 | A* | 1-VIII-2003 | 1 | Res 26,42 | ||
Burkina Faso | 25-V-1992 | A* | 1-VIII-1992 | 1 | |||
Cabo Verde | 4-X-2022 | A* | 1-I-2023 | 1 | |||
Chile | 23-II-1994 | A* | 1-V-1994 | 1 | D 3 | ||
China | C | 2 | D,N 26 | ||||
Costa Rica | 9-XI-1998 | A* | 1-II-1999 | 1 | |||
Dänemark | 17-IV-1991 | 17-IV-1991 | R | 1-VII-1991 | 1 | 1 | D,Res 6,24,26,39,42 |
Deutschland | 9-IX-1987 | 27-IX-1990 | R | 1-XII-1990 | 1 | D,Res 24,26 | |
Dominikanische Republik | 11-VIII-2004 | A* | 1-XI-2004 | 1 | |||
Ecuador | 22-I-1992 | A* | 1-IV-1992 | 1 | |||
El Salvador | 5-II-2001 | A* | 1-V-2001 | 1 | D,Res 3,26 | ||
Estland | 18-IV-2001 | A* | 1-VII-2001 | 1 | D,Res 24,26 | ||
Fidschi | 16-III-1999 | A* | 1-VI-1999 | 1 | |||
Finnland | 25-V-1994 | 25-V-1994 | R | 1-VIII-1994 | 1 | D,Res 24,26 | |
Frankreich | 25-X-1980 | 16-IX-1982 | R | 1-XII-1983 | 1 | Res,D 24,26,39 | |
Gabun | 6-XII-2010 | A* | 1-III-2011 | ||||
Georgien | 24-VII-1997 | A* | 1-X-1997 | 1 | |||
Griechenland | 25-X-1980 | 19-III-1993 | R | 1-VI-1993 | 1 | Res 24,26 | |
Guatemala | 6-II-2002 | A* | 1-V-2002 | 1 | Res 24,26 | ||
Guinea | 7-XI-2011 | A* | 1-II-2012 | 1 | |||
Guyana | 5-II-2019 | A* | 1-V-2019 | 1 | |||
Honduras | 20-XII-1993 | A* | 1-III-1994 | 1 | Res 26 | ||
Irak | 21-III-2014 | A* | 1-VI-2014 | ||||
Irland | 23-V-1990 | 16-VII-1991 | R | 1-X-1991 | 1 | ||
Island | 14-VIII-1996 | A* | 1-XI-1996 | 1 | Res 24,26 | ||
Israel | 4-IX-1991 | 4-IX-1991 | R | 1-XII-1991 | 1 | Res 26 | |
Italien | 2-III-1987 | 22-II-1995 | R | 1-V-1995 | 1 | ||
Jamaika | 24-II-2017 | A* | 1-V-2017 | 1 | Res 26, 42 | ||
Japan | 24-I-2014 | 24-I-2014 | R | 1-IV-2014 | 1 | Res 24,26 | |
Kanada | 25-X-1980 | 2-VI-1983 | R | 1-XII-1983 | 13 | 1 | D,Res 6,26,40,42 |
Kasachstan | 3-VI-2013 | A* | 1-IX-2013 | 1 | Res 26 | ||
Kolumbien | 13-XII-1995 | A* | 1-III-1996 | 1 | |||
Kroatien | 23-IV-1993 | Su | 1-XII-1991 | 1 | |||
Kuba | 12-IX-2018 | A* | 1-XII-2018 | 1 | |||
Lesotho | 18-VI-2012 | A* | 1-IX-2012 | 1 | |||
Lettland | 15-XI-2001 | A* | 1-II-2002 | 1 | D,Res 24 | ||
Litauen | 5-VI-2002 | A* | 1-IX-2002 | 1 | D,Res 24,26 | ||
Luxemburg | 18-XII-1984 | 8-X-1986 | R | 1-I-1987 | 1 | Res 26 | |
Malta | 26-X-1999 | A* | 1-I-2000 | 1 | |||
Marokko | 9-III-2010 | A* | 1-VI-2010 | 1 | |||
Mauritius | 23-III-1993 | A* | 1-VI-1993 | 1 | Res 26 | ||
Mexiko | 20-VI-1991 | A* | 1-IX-1991 | 1 | |||
Monaco | 12-XI-1992 | A* | 1-II-1993 | 1 | Res 26 | ||
Montenegro | 1-III-2007 | Su | 3-VI-2006 | 1 | |||
Neuseeland | 31-V-1991 | A* | 1-VIII-1991 | 1 | Res 24,26 | ||
Nicaragua | 14-XII-2000 | A* | 1-III-2001 | 1 | |||
Niederlande | 11-IX-1987 | 12-VI-1990 | R | 1-IX-1990 | 2 | 1 | D,Res 26 |
Nordmazedonien | 20-IX-1993 | Su | 1-XII-1991 | 1 | |||
Norwegen | 9-I-1989 | 9-I-1989 | R | 1-IV-1989 | 1 | Res 24,26 | |
Österreich | 12-V-1987 | 14-VII-1988 | R | 1-X-1988 | 1 | D | |
Pakistan | 22-XII-2016 | A* | 1-III-2017 | 1 | Res 24, 26 | ||
Panama | 2-II-1994 | A* | 1-V-1994 | 1 | Res 26 | ||
Paraguay | 13-V-1998 | A* | 1-VIII-1998 | 1 | |||
Peru | 28-V-2001 | A* | 1-VIII-2001 | 1 | |||
Philippinen | 16-III-2016 | A* | 1-VI-2016 | 1 | D | ||
Polen | 10-VIII-1992 | A* | 1-XI-1992 | 1 | D,Res 26 | ||
Portugal | 22-VI-1982 | 29-IX-1983 | R | 1-XII-1983 | 1 | D | |
Republik Korea | 13-XII-2012 | A* | 1-III-2013 | 1 | D,Res 24,26,42 | ||
Republik Moldau | 10-IV-1998 | A* | 1-VII-1998 | 1 | Res 26 | ||
Rumänien | 20-XI-1992 | A* | 1-II-1993 | 1 | D | ||
Russische Föderation | 28-VII-2011 | A* | 1-X-2011 | 1 | D,Res 26, 45 | ||
Sambia | 26-VIII-2014 | A* | 1-XI-2014 | 1 | |||
San Marino | 14-XII-2006 | A* | 1-III-2007 | 1 | D 26 | ||
Schweden | 22-III-1989 | 22-III-1989 | R | 1-VI-1989 | 1 | Res 26 | |
Schweiz | 25-X-1980 | 11-X-1983 | R | 1-I-1984 | 1 | ||
Serbien | 29-IV-2001 | Su | 27-IV-1992 | 1 | |||
Seychellen | 27-V-2008 | A* | 1-VIII-2008 | 1 | |||
Simbabwe | 4-IV-1995 | A* | 1-VII-1995 | 1 | Res 26 | ||
Singapur | 28-XII-2010 | A* | 1-III-2011 | 1 | Res 24,26 | ||
Slowakei | 28-XII-1992 | 7-XI-2000 | R | 1-II-2001 | 1 | Res 26 | |
Slowenien | 22-III-1994 | A* | 1-VI-1994 | 1 | |||
Spanien | 7-II-1986 | 16-VI-1987 | R | 1-IX-1987 | 1 | ||
Sri Lanka | 28-IX-2001 | A* | 1-XII-2001 | 1 | Res 24,26 | ||
St. Kitts und Nevis | 31-V-1994 | A* | 1-VIII-1994 | 1 | Res 26 | ||
Südafrika | 8-VII-1997 | A* | 1-X-1997 | 1 | Res 24,26 | ||
Thailand | 14-VIII-2002 | A* | 1-XI-2002 | 1 | Res 24 | ||
Trinidad und Tobago | 7-VI-2000 | A* | 1-IX-2000 | 1 | |||
Tschechische Republik | 28-XII-1992 | 15-XII-1997 | R | 1-III-1998 | 1 | Res 26 | |
Tunesien | 10-VII-2017 | A* | 1-X-2017 | 1 | Res 24, 26 | ||
Türkiye | 21-I-1998 | 31-V-2000 | R | 1-VIII-2000 | 1 | Res 26 | |
Turkmenistan | 29-XII-1997 | A* | 1-III-1998 | 1 | |||
Ukraine | 2-VI-2006 | A* | 1-IX-2006 | 1 | D | ||
Ungarn | 7-IV-1986 | A* | 1-VII-1986 | 1 | |||
Uruguay | 16-XI-1999 | A* | 1-II-2000 | 1 | |||
Usbekistan | 31-V-1999 | A* | 1-VIII-1999 | 1 | Res 26 | ||
Venezuela (Bolivarische Republik) | 16-X-1996 | 16-X-1996 | R | 1-I-1997 | 1 | Res 26 | |
Vereinigtes Königreich Großbritannien und Nordirland | 19-XI-1984 | 20-V-1986 | R | 1-VIII-1986 | 7 | 1 | N,Res 26,39 |
Vereinigte Staaten von Amerika | 23-XII-1981 | 29-IV-1988 | R | 1-VII-1988 | 1 | Res 24,26 | |
Zypern | 4-XI-1994 | A* | 1-II-1995 | 1 |
Type
Bosnien und Herzegowina Typus Staatennachfolge
One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991. On 23 August 1993, the Republic of Bosnia and Herzegovina declared itself to be bound by the Convention.
No objection has been received from the Contracting States.
China Typus Fortsetzung
This Convention applies to the Special Administrative Regions of Hong Kong and Macao only, as a result of extensions made by the United Kingdom of Great Britain and Northern Ireland and Portugal, respectively. When Hong Kong and Macao were restored to the People's Republic of China on 1 July 1997 and 20 December 1999, respectively, China declared that the Convention will continue to apply for Hong Kong and Macao.
Date of entry into force of the Convention for Hong Kong: 1 September 1997; date of entry into force for Macao: 1 March 1999.
Declarations / notifications:
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997 the Minister of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 13 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.
The Note from the Ambassador of the United Kingdom reads as follows:
"Your Excellency,
I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which applies to Hong Kong at present.
I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.
I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)
(signed Rosemary Spencer)".
The Note from the Ambassador of the People's Republic of China reads as follows:
(Translation)
"Your Excellency,
In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the "Joint Declaration"), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section XI of Annex I to the Joint Declaration, "Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong", and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.
In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:
The Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the "Convention"), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People's Republic of China also makes the following declarations:
1. In accordance with the provisions of Article 42 of the Convention, the Hong Kong Special Administrative Region will not be bound to bear any costs referred to in paragraph 2 of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice;
2. In accordance with Article 6 of the Convention, it designates the Secretary of Justice of the Government of the Hong Kong Special Administrative Region as the Central Authority for the Hong Kong Special Administrative Region.
It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)
(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China)".
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that the Minister for Foreign Affairs of the Kingdom of the Netherlands received a letter dated 26 November 1999 from the Ambassador of Portugal at The Hague and a letter dated 10 December 1999 from the Ambassador of the People's Republic of China at The Hague. The letter from the Ambassador of Portugal reads as follows:
"Upon instructions from my Government and referring to the Convention on the Civil Aspects of International Child Abduction concluded at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which currently applies to Macao, I have the honour to inform Your Excellency of the following:
In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macao, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macao until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macao, with effect from 20 December 1999.
From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macao. (…)"
The letter from the Ambassador of the People's Republic of China reads as follows:
(Translation )
"In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referrred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a party but which are implemented in Macao, may continue to be implemented in the Macao Special Administrative Region.
In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China, to inform Your Excellency of the following:
The Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980 (hereinafter referred to as the "Convention"), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999.
(...)
Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a party to the Convention. (…)
Frankreich Typus Ratifikation
Translation by the Permanent Bureau:
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.
Kroatien Typus Staatennachfolge
One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991. On 5 April 1993 the Republic of Croatia declared itself to be bound by the Convention.
No objection has been received from the Contracting States.
Montenegro Typus Staatennachfolge
One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991.
By letter received by the depositary on 26 April 2001, the Federal Republic of Yugoslavia (since 4 February 2003 called "Serbia and Montenegro") declared itself to be bound by the Convention. No objection has been received from the Contracting States.
The Ministry of Foreign Affairs of the Netherlands, depositary of the Hague Conventions, has notified the Member States of the Hague Conference on 5 July 2006 that "Following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006."
By letter received by the depositary on 1 March 2007, the Republic of Montenegro declared itself to be bound by the Convention: "... the Government of the Republic of Montenegro succeeds to the Convention on the Civil Aspects of International Child Abduction, concluded at The Hague on 25 October 1980, and takes faithfully to perform and carry out the stipulations therein contained as from 3 June 2006, the date upon which the Republic of Montenegro assumed responsibility for its international relations." No objection was received from the other Contracting States.
Nordmazedonien Typus Staatennachfolge
One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991. On 20 September 1993, The former Yugoslav Republic of Macedonia declared itself to be bound by the Convention.
By letter dated 30 November 1993, the Ambassador of Greece to the Netherlands informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands that His Government does not recognize The former Yugoslav Republic of Macedonia and consequently does not consider itself to be bound by the Conventions to which the latter is a Party.
No objection has been received from the other Contracting States.
Serbien Typus Staatennachfolge
One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 December 1991.
By letter received by the depositary on 26 April 2001, the Federal Republic of Yugoslavia (since 4 February 2003 called "Serbia and Montenegro") declared itself to be bound by the Convention. No objection has been received from the Contracting States.
The Ministry of Foreign Affairs of the Netherlands, depositary of the Hague Conventions, has notified the Member States of the Hague Conference on 5 July 2006 that "Following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006."
Vereinigtes Königreich Großbritannien und Nordirland Typus Ratifikation
Ratification in respect of the United Kingdom of Great Britain and Northern Ireland only.
Res/D/N
Albanien Artikel Vorbehalte
In accordance with Article 42 of the Convention, the Republic of Albania reserves the right that it shall not be bound to assume any costs referred to in the second paragraph of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Andorra Artikel Vorbehalte
(Translation)
Reservation relating to article 24. In accordance with the provisions of article 42 and pursuant to article 24, second paragraph of the Convention, the Principality of Andorra declares that it will not accept the applications, communications and other documents sent to its Authority unless they are accompanied by a translation into Catalan or, where that is not feasible, a translation into French.
Reservation relating to article 26. In accordance with the provisions of article 42 and pursuant to article 26, third paragraph of the Convention, the Principality of Andorra declares that it will not be bound to assume any costs referred to in the second paragraph of the article in question resulting from the participation of legal counsel or advisers or from court proceedings except in so far as those costs may be covered by the Andorran system of legal aid and advice.
Argentinien Artikel Deklarationen
Declarations:
23-08-2023
The Argentine Government has taken notice of notification no. 045, dated August 1, 2023, in which the United Kingdom of Great Britain and Northern Ireland by accepting Jamaica’s accession to the aforementioned Convention, intends to do so also on behalf of the Malvinas Islands.
The Argentine Republic recalls that by means of Notes AE No. 33/98, of May 30, 1998, 47/98, of July 13, 1998 and the declarations of August 4, 2009 and May 13, 2020, it rejected the claim of the United Kingdom to extend the application of the Convention on the Civil Aspects of International Child Abduction to the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas, which was notified by the United Kingdom of Great Britain and Ireland del Norte, as well as the acts related to the designation of the illegitimate government of Malvinas as the central authority of the Convention.
In addition, it opportunely rejected the acceptance of the accession and entry into force of the Convention for Bulgaria, Costa Rica, El Salvador and the Dominican Republic on behalf of the Malvinas Islands.
On this occasion, the Argentine Republic categorically rejects the current claim of the United Kingdom to accept Jamaica's accession to the Convention on behalf of the Malvinas Islands.
The Government of the Argentine Republic wishes to recall that the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime spaces are an integral part of the Argentine national territory and that, being under illegitimate British occupation, they are the subject of a sovereignty dispute between the two countries, which was recognized by Resolution 2065 (XX) and subsequent ones of the United Nations General Assembly and more than 40 resolutions of the Special Committee on Decolonization, as well as by other international organizations.
In this sense, it is recalled that the General Assembly of the United Nations urges the Argentine Republic and the United Kingdom to resume negotiations on sovereignty in order to reach a peaceful and definitive solution.
13-05-2020
(courtesy translation)(original: Spanish)
“… in relation to the notification n° 09/2020 dated 30 April 2020, by which the United Kingdom of Great Britain and Northern Ireland mentions the Malvinas Islands in the acceptance of the accession of the Dominican Republic to the Convention.
The Argentine Republic recalls that by Notes AE N° 33/98 dated 30 May 1998, 47/98 dated 13 July 1998 and the statement of 4 August 2009 it rejected the pretension of the United Kingdom to extend the application of the Convention on the Civil Aspects of International Child Abduction to the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas, as notified by the United Kingdom of Great Britain and Northern Ireland, as well as the acts related to the appointment of the illegitimate government of Malvinas as the central authority of the Convention and the acceptance of the accession and entry into force of the Convention for Bulgaria, Costa Rica and El Salvador on behalf of the Malvinas Islands.
In light of such precedents, the Argentine Republic rejects the pretension of the United Kingdom to include the Malvinas Islands in the acceptance of the Dominican Republic's accession to the Convention.
The Government of the Argentine Republic wishes to recall that the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas are an integral part of the Argentine national territory and that, being under illegitimate British occupation are object of a sovereignty dispute between both countries, which is recognized by Resolution 2065 (XX) and subsequent ones of the United Nations General Assembly and more than 40 resolutions of the Special Committee on Decolonization, as well as of other international organizations.
In that sense, it is recalled that the United Nations General Assembly calls upon the Argentine Republic and the United Kingdom to resume negotiations on sovereignty in order to find a peaceful and definitive solution.”
04-08-2009
"...with regard to Notification No. 3/2009, March 6 2009, by which the United Kingdom of Great Britain and Northern Ireland accepts on behalf of the Malvinas Islands, among other territories, the accession of Bulgaria, Costa Rica and El Salvador to the said Convention.
The Argentine Republic recalls that, by Note A.E. No. 33/98, May 30 1998, it rejected the extension of the Convention to Malvinas, South Georgias and South Sandwich Islands, which was notified by the United Kingdom on March 26, 1998. In the same manner, by Note A.E. No. 47/98, July 13 1998, it disowned the appointment of the illegitimate governor as central authority in the Malvinas Islands as well as any other act derived from the illegitimate extension of the said Convention by the United Kingdom.
Taking into account this precedents, the Argentine Government also rejects the acceptance of the accession and entry into force of the said Convention with regard to Bulgaria, Costa Rica and El Salvador made by the United Kingdom on behalf of the Malvinas Islands.
The Argentine Government recalls that the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas are an integral part of the Argentine Republic's national territory and that, being illegitimately occupied by the United Kingdom of Great Britain and Northern Ireland, they are subject to a sovereignty dispute between both countries, which is recognized by the United Nations and other international organizations.
In that respect, it recalls that the General Assembly of the United Nations adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, where it recognizes the existence of the sovereignty dispute to which the Question of the Malvinas Islands refers and it urges the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find a peaceful and lasting solution to the dispute as soon as possible. In turn, the UN Special Committee on Decolonization has repeatedly urged them to do the same since 1989, most recently through its resolution of 12 June 2008. Furthermore, on 3 June 2008, the General Assembly of the Organization of American States issued a similar decision on this Question.
The Argentine Government reaffirms its legitimate sovereign rights over the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas, which are an integral part of its national territory."
31-05-1998
By Note A.E. No 33/98 dated 31 May 1998, the Embassy of the Argentine Republic transmitted to the depositary a declaration concerning the extension of the application of the Convention by the United Kingdom of Great Britain and Northern Ireland to the Falkland Islands. The Note reads as follows:
"The Embassy of the Argentine Republic presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands - Treaties Division - and has the honour to address the Government of the Netherlands in its capacity of Depositary of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25th October 1980.
In that respect, the Argentine Republic rejects the extension of the application of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25th October 1980, to the Malvinas, South Georgia and South Sandwich Islands, notified by the United Kingdom of Great Britain and Northern Ireland to the Government of the Netherlands as Depositary of the Convention.
The General Assembly of the United Nations has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21 and 41/40 which recognize the existence of a dispute over sovereignty relating to archipelago, urging the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find as soon as possible a peaceful and definitive solution to the dispute through the good offices of the Secretary General of the United Nations, who is to report to the General Assembly on the progress made.
The Argentine Republic reaffirms its sovereign rights over the Malvinas, South Georgia and South Sandwich Islands and its surrounding maritime areas, which form an integral part of its national territory.
The Argentine Government requests the Government of the Netherlands to notify the preceding communication to the Members of the Hague Conference on private international law and signatories and Parties to the above-mentioned Convention.
The Embassy of the Argentine Republic kindly requests the Ministry of Foreign Affairs - Treaties Division - to circulate the preceding communication at the earliest possible convenience. (…)".
By Note No 129 dated 22 July 1998, Her Britannic Majesty's Embassy at The Hague informed the depositary of the following regarding the declaration of the extension of the application of the Convention to the Falkland Islands:
"With reference to the declaration made by the Republic of Argentina rejecting the extension of the Convention to the Falkland Islands, South Georgia and the South Sandwich Islands, the position of the United Kingdom is well known and remains unchanged. The United Kingdom has no doubt about its sovereignty over the Falkland Islands (which is the correct title for the territory recognised by the Administering Power), and over South Georgia and the South Sandwich Islands and its consequent right to extend treaties to them."
Armenien Artikel Vorbehalte
Pursuant to Article 42 of the Convention (...), the Republic of Armenia makes the following reservations:
2. With regard to Article 26, the Republic of Armenia shall not be bound to assume any costs referred to in Article 26, second paragraph, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Australien Artikel Deklarationen
The Convention extends to the legal system applicable only in the Australian States and mainland Territories.
Belarus Artikel Vorbehalte
The Republic of Belarus declares that it shall not be bound to assume any costs referred to in paragraph 2 of Article 26 of this Convention resulting from the participation of legal counsel or advisers or from our court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Belize Artikel Vorbehalte
1) any application or other documents transmitted to the Central Authority under the Convention must be accompanied by a translation in English and not in French and
2) Belize will not be bound to assume any costs relating to applications under the Convention resulting from the participation of legal counsel or advisers, or from court proceedings, except insofar as these costs may be covered by its system of legal aid and advice.
Bolivien (Plurinationaler Staat) Artikel Deklarationen Vorbehalte
DECLARATION
13-07-2016
The Plurinational State of Bolivia understands that any provisions relating to age in this Convention, does not preclude Bolivian law which stipulates that exercise of authority of the mother, the father or both, and the custody is up to the age of 18 years old.
RESERVATIONS
13-07-2016
With regard to Article 24 of the "Convention on Civil Aspects of International Child Abduction" foreign documents annexed to return applications to be submitted in English or French, must also attach a Spanish translation by a sworn translator.
With regard to Article 26 of the "Convention on Civil Aspects of International Child Abduction", the Plurinational State of Bolivia is not obliged to take any expenses arising from the participation of a lawyer or legal advisers or from court proceedings, except insofar as those costs may be covered by a system of legal assistance and legal advice.
Brasilien Artikel Vorbehalte
(Translation)
(...) with a reservation as provided for in Article 24 of the said Convention (permitted under Article 42), to the effect that foreign documents appended to legal instruments must be accompanied by a translation into Portuguese done by a sworn translator. *
* The Ministry of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 21 June 2000 from the Embassy of Finland concerning the reservation made by Brazil. The Note reads as follows:
"(...)The Government of Finland is unable to accept the reservation in so far as it is incompatible with Article 24(2) and 42(1) of the Convention.
According to Article 24(1), any application, communication or other document sent to the Central Authority shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State, or where that is not feasible, a translation into French or English. Under Article 24(2) a Contracting State may, by making a reservation, object the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.
Having regard to the wording and purpose of this provision the Finnish Government considers that the reservation made by Brazil, which excludes the use of both French and English languages in cases where it is not feasible to obtain a translation of the document into Portuguese, is not allowed under Article 24(2) and 42(1). In conclusion, the Finnish Government declares that in relation to Finland this reservation may not be invoked by the authorities of Brazil in so far as this would be incompatible with the aforementioned provisions of the Convention.
This declaration is not to be interpreted as preventing the entry into force of the Convention between Finland and Brazil.(...)"
Bulgarien Artikel Vorbehalte
In accordance with Article 42, paragraph 1, of the Convention, the Republic of Bulgaria declares it shall not be bound to assume any costs and expenses resulting from proceedings or, where applicable, those arising from the participation of legal counsel and those of returning the child."
Chile Artikel Deklarationen
"Chile entiende el artículo 3 de la Convención sobre los Aspectos Civiles del Secuestro Internacional de Niños en el sentido que no se opone a la legislación nacional que estipula que el derecho de tuición y custodia se ejerce hasta los 18 años de edad."
(Translation)
Chile understands Article 3 of the Convention on the Civil Aspects of International Child Abduction in the sense that it is not inconsistent with the national legislation which provides that the right to guardianship and custody is exercised until the age of 18.
China Artikel Deklarationen Notifikationen
This Convention applies to the Special Administrative Regions of Hong Kong and Macao only, as a result of extensions made by the United Kingdom of Great Britain and Northern Ireland and Portugal, respectively. When Hong Kong and Macao were restored to the People's Republic of China on 1 July 1997 and 20 December 1999, respectively, China declared that the Convention will continue to apply for Hong Kong and Macao.
Date of entry into force of the Convention for Hong Kong: 1 September 1997; date of entry into force for Macao: 1 March 1999.
Declarations / notifications:
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997 the Minister of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 13 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.
The Note from the Ambassador of the United Kingdom reads as follows:
"Your Excellency,
I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which applies to Hong Kong at present.
I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.
I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)
(signed Rosemary Spencer)".
The Note from the Ambassador of the People's Republic of China reads as follows:
(Translation)
"Your Excellency,
In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the "Joint Declaration"), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section XI of Annex I to the Joint Declaration, "Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong", and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.
In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:
The Convention on the Civil Aspects of International Child Abduction done at The Hague on 25 October 1980 (hereinafter referred to as the "Convention"), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People's Republic of China also makes the following declarations:
1. In accordance with the provisions of Article 42 of the Convention, the Hong Kong Special Administrative Region will not be bound to bear any costs referred to in paragraph 2 of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice;
2. In accordance with Article 6 of the Convention, it designates the Secretary of Justice of the Government of the Hong Kong Special Administrative Region as the Central Authority for the Hong Kong Special Administrative Region.
It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)
(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China)".
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that the Minister for Foreign Affairs of the Kingdom of the Netherlands received a letter dated 26 November 1999 from the Ambassador of Portugal at The Hague and a letter dated 10 December 1999 from the Ambassador of the People's Republic of China at The Hague. The letter from the Ambassador of Portugal reads as follows:
"Upon instructions from my Government and referring to the Convention on the Civil Aspects of International Child Abduction concluded at The Hague on 25 October 1980 (hereinafter referred to as the Convention) which currently applies to Macao, I have the honour to inform Your Excellency of the following:
In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macao, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macao until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macao, with effect from 20 December 1999.
From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macao. (…)"
The letter from the Ambassador of the People's Republic of China reads as follows:
(Translation )
"In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referrred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a party but which are implemented in Macao, may continue to be implemented in the Macao Special Administrative Region.
In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China, to inform Your Excellency of the following:
The Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980 (hereinafter referred to as the "Convention"), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999.
(...)
Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a party to the Convention. (…)
Notification of 3 September 2012 with regard to the SAR of Macao
"Official languages of MSAR are Chinese and Portuguese. Processing of applications
under the Convention would be expedited if applications and other documents
addressed to Central Authority of MSAR could be accompanied by a translation into
Chinese or Portuguese."
Dänemark Artikel Deklarationen Vorbehalte
(Translation)
(1) pursuant to the provisions of Article 39, paragraph 1, the Convention shall not be applicable to the territories of the Faroe Islands and Greenland [see Declaration below];
(2) pursuant to the provisions of Article 42, paragraph 1,
a) the Kingdom of Denmark objects to the use of French in any application, communication or other document sent to its Central Authority (cf. Article 24, paragraph 2); and
b) it shall not be bound to assume any costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice (cf. Article 26, paragraph 3).
Declarations
(22-04-2016)
The Convention should now be applied to Greenland wherefore the Kingdom of Denmark withdraws its territorial declaration with regard to Greenland in accordance with Article 42, paragraph 2.
(18-07-2016)
With reference to Article 6 of the 1980 Hague Convention, the Central Authority in relation to Greenland is the Danish Central Authority
under the conventions - the Ministry of Social Affairs and the Interior.
Deutschland Artikel Deklarationen Vorbehalte
Declarations:
"[Die Bundesrepublik Deutschland] erklärt in Übereinstimmung mit Artikel 26 Abs. 3, daß sie nur insoweit gebunden ist, die sich aus der Beiordnung eines Rechtsanwalts oder aus einem Gerichtsverfahren ergebenden Kosten im Sinn des Artikels 26 Abs. 2 zu übernehmen, als diese Kosten durch ihre Vorschriften über die Prozeßkosten und Beratungshilfe gedeckt sind."
"Die Bundesrepublik Deutschland geht davon aus, daß Ersuchen aus anderen Vertragsstaaten gemäß Artikel 24 Abs. 1 regelmäßig von einer deutschen Übersetzung begleitet sein werden."
(Courtesy translation)
[The Federal Republic of Germany] declares in accordance with the third paragraph of Article 26 that it is not bound to assume any costs referred to in the second paragraph of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its regulations concerning legal aid and advice.
The Federal Republic of Germany assumes that, in accordance with the first paragraph of Article 24, applications from other Contracting States shall regularly be accompanied by a translation into German.
06-06-2018
The Federal Republic of Germany takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the Civil Aspects of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) and the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Federal Republic of Germany declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
Regarding the territorial scope of the above Conventions, the Federal Republic of Germany therefore considers that the Conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Federal Republic of Germany further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the government of Ukraine will determine the procedure for relevant communication.
As a consequence of the above, the Federal Republic of Germany declares that it will only engage with the government of Ukraine for the purposes of the application and implementation of the conventions with regard to the Autonomous Republic of Crimea and the city of Sevastopol.
El Salvador Artikel Deklarationen Vorbehalte
(Translation)
1. The Government of the Republic of El Salvador shall not be bound to assume the costs referred to in Article 26, paragraph 3, except insofar as those costs may be covered by its system of legal aid and advice;
2. The Government of the Republic of El Salvador interprets Article 3 with the domestic legislation of the Republic whereby the age of majority is eighteen years;
3. (...)
4. The Government of the Republic of El Salvador declares that all documentation sent to El Salvador in application of the said Convention must be accompanied by an official translation into Spanish.
Estland Artikel Deklarationen Vorbehalte
Reservations:
(...)
2) pursuant to Article 42 and Article 24, paragraph 2, of the Convention the Republic of Estonia only accepts English language with regard to applications, communications or other documents;
3) pursuant to Article 42 and Article 26, paragraph 3, of the Convention the Republic of Estonia will not accept obligations with regard to expenses referred to in Article 26, paragraph 2, which result from the participation of a legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice."
Declarations:
30-04-2019
Estonia takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the Civil Aspects of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Estonia declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above-mentioned Conventions, Estonia therefore considers that the conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
Estonia further notes the Declaration by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kyiv will determine the procedure for relevant communication.
As a consequence of the above, Estonia declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine in Kyiv for the purposes of the application and implementation of the conventions.
Finnland Artikel Deklarationen Vorbehalte
Reservations:
1. Finland declares, according to Article 42 and Article 24, paragraph 2, of the Convention, that it accepts only the use of English in applications, communications and other documents sent to its Central Authority.
2. Finland declares, according to Article 42 and Article 26, paragraph 3, of the Convention, that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Declarations:
19-09-2018
The Government of Finland takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the Civil Aspects of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) and the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Finland declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Finland therefore considers that the conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
Finland further notes the Declaration by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kyiv will determine the procedure for relevant communication.
As a consequence of the above, Finland declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine in Kyiv for the purposes of the application and implementation of the said conventions.
Frankreich Artikel Vorbehalte Deklarationen
(Translation)
1) (...)
2) In accordance with the provisions of Article 42 and pursuant to Article 24, paragraph 2, the Government will consider only those applications which are drawn up in French, or are accompanied by a translation into French, and will require a translation into French of any communication or document sent to its Central Authority.
3) In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph 3, the Government declares that it will assume the costs referred to in paragraph 2 of Article 26 only insofar as those costs are covered by the French system of legal aid.
4) In accordance with the provisions of Article 39, the Government declares that the Convention shall extend to the whole of the territory of the French Republic.
Griechenland Artikel Vorbehalte
(Translation)
1. In accordance with Article 42 of the Convention on the Civil Aspects of International Child Abduction, Greece declares that it shall not be bound to assume any costs referred to in the second paragraph of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs concern cases of free legal aid.
2. In accordance with Article 42 of the above-mentioned Convention Greece declares that it objects to the use of the French language in any application, communication or other document sent to its Central Authority.
Guatemala Artikel Vorbehalte
1. The Republic of Guatemala oppose itself to the use of French in all the requests, communication and other documents to be sent to the Central Authority, based in the second paragraph of Article 24 of the Convention (if applicable).
2. The Republic of Guatemala is not obligated to assume any kind of expenses mentioned in the second paragraph of Article 26 of the Convention, derived from the participation of a lawyer, legal advisors or the judiciary procedure, except insofar as those costs may be covered by its system of legal aid and advice.
Honduras Artikel Vorbehalte
Under the reservation of Article 26, paragraph 3.
Island Artikel Vorbehalte
1. In accordance with Article 42, paragraph 1, and Article 24, paragraph 2, of the Convention, Iceland makes a reservation with regard to Article 24, paragraph 1, and objects to the use of French in any application, communication or other document sent to its Central Authority.
2. In accordance with Article 42, paragraph 1, and Article 26, paragraph 3, of the Convention, Iceland makes a reservation that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
The other provisions of the Convention shall be inviolably observed.
Israel Artikel Vorbehalte
In accordance with Articles 26 and 42 of the Convention, the State of Israel hereby declares that, in proceedings under the Convention, it shall not be bound to assume any costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Jamaika Artikel Vorbehalte
Reservation
24-02-2017
In accordance with Articles 26 and 42 of the Convention, Jamaica hereby declares that, in
proceedings under the Convention, it shall not be bound to assume any costs resulting from
participation of legal counsel or advisers or from court proceedings, except insofar as those costs
are covered by its system of legal aid and advice.
Japan Artikel Vorbehalte
Pursuant to Article 24, paragraph 2 of the Convention, the Government of
Japan objects to the use of French in any application, communication or
other document sent to its Central Authority.
Pursuant to Article
26, paragraph 3 of the Convention, the Government of Japan declares that
it shall not be bound to assume any costs referred to in Article 26,
paragraph 2 resulting from the participation of legal counsel or
advisers or from court proceedings, except insofar as those costs may be
covered by its system of legal aid and advice.
Kanada Artikel Deklarationen Vorbehalte
Click here for the current list of extensions, including all reservations and declarations.
Kasachstan Artikel Vorbehalte
The Republic of Kazakhstan in accordance with Article 42, declares that it shall not be bound to assume any costs referred to in paragraph 2 of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Lettland Artikel Deklarationen Vorbehalte
Reservation:
In accordance with Article 42 and Article 24, paragraph 2, of the Convention on the Civil Aspects of International Child Abduction the Republic of Latvia declares that it accepts only the use of English in any application, communication or other document sent to its Central Authority.
Declaration:
04-04-2018
The Ministry of Foreign Affairs of the Republic of Latvia […] with reference to […] the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965), the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970), the Convention on the Civil Aspects of International Child Abduction (1980),and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) has to honour to convey the following.
The Government of the Republic of Latvia takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the aforementioned Conventions to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Republic of Latvia declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, the Republic of Latvia therefore considers that the Conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Republic of Latvia further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Convention is limited and
not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kyiv will determine the procedure for relevant communication.
As a consequence of the above, the Republic of Latvia declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents or requests emanating from such authorities or
through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine in Kiev for the purposes of the application and implementation of the convention.
Litauen Artikel Deklarationen Vorbehalte
Reservations:
05-06-2002
1. Pursuant to Article 42 and paragraph 2 of Article 24 of the Convention, the Republic of Lithuania consents to using only the English language for any application, communication or other document sent to its Central Authority;
2. Pursuant to Article 42 and paragraph 3 of Article 26 of the Convention, the Republic of Lithuania shall not be bound to assume any costs referred to in paragraph 2 of Article 26 of the Convention resulting from court proceedings or from the participation of legal counsel or advisers, except insofar as those costs may be covered by the system of legal aid and advice of the Republic of Lithuania.
Declarations:
16-06-2020
The Government of the Republic of Lithuania takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965), the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970), the Convention on the Civil Aspects of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Government of the Republic of Lithuania declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognize the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, the Government of the Republic of Lithuania therefore considers that the conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Government of the Republic of Lithuania further notes the Declaration by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kyiv will determine the procedure for relevant communication.
As a consequence of the above, the Government of the Republic of Lithuania declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine in Kyiv for the purposes of the application and implementation of the said conventions.
Luxemburg Artikel Vorbehalte
(Translation)
The Grand-Duchy of Luxembourg declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, of the Convention, namely the costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs are covered by the Luxembourg system of legal aid and advice.
Mauritius Artikel Vorbehalte
The Republic of Mauritius declares that it shall not be bound to assume any costs referred to in paragraph 2 of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Monaco Artikel Vorbehalte
(Translation)
In conformity with Article 26, paragraph 3, of the Convention, the Principality of Monaco declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Neuseeland Artikel Vorbehalte
The Government of New Zealand hereby declares in accordance with Article 24 and Article 42 of the Convention that any application, communication or other document sent to its Central Authority should either be in the English language or accompanied by a translation thereof in the English language; and the Government of New Zealand hereby further declares in accordance with Article 26 and Article 42 of the Convention that it reserves the right not to be bound to assume the costs referred to in Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Niederlande Artikel Deklarationen Vorbehalte
Declarations and Reservations:
27-11-2023
The Kingdom of the Netherlands, for Curaçao, shall not be bound to assume any costs referred to in the second paragraph of Article 26 of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
18-10-2010
The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten.
Curaçao and Sint Maarten enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do. The other islands of the Netherlands Antilles - Bonaire, Sint Eustatius and Saba - are administratively integrated in the Netherlands, forming 'the Caribbean part of the Netherlands'.
These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded.
The Convention, that applied until now only to the European part of the Netherlands, is declared applicable to the Caribbean part of the Netherlands. The Government of the Netherlands is responsible for implementing the Convention.
12-06-1990
The Kingdom of the Netherlands shall not be bound to assume any costs referred to in the second paragraph of Article 26 of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on 25 October 1980, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Norwegen Artikel Vorbehalte
1. In accordance with Articles 24 and 42, the Norwegian Government reserves the right not to accept applications, communications or other documents sent to the General Authority in French.
2. In accordance with Articles 26 and 42, Norway makes the reservation that it shall not be bound to assume any costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by Act of 13 June 1980 relating to free legal aid.
Österreich Artikel Deklarationen
Declaration:
09-03-2018
Austria takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the Civil Aspects of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and
Measures for the Protection of Children (1996) to the "Autonomous Republic of Crimea" and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Austria declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the "Autonomous Republic of Crimea" and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Austria therefore considers that the Conventions in principle continue to apply to the "Autonomous Republic of Crimea" and the city of Sevastopol as part of the territory of Ukraine.
Austria further notes the Declarations by Ukraine that the "Autonomous Republic of Crimea" and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kiev will determine the procedure for relevant communication. As a consequence of the above, Austria declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine in Kiev for the purposes of the application and implementation of the conventions.
Pakistan Artikel Vorbehalte
22 December 2016
Article 24
The document should be in English language.
Article 26
It shall not be bound to assume any costs referred to in the second paragraph of Article 26 of
the Convention resulting from the participation of legal counsel or advisers or from court
proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Panama Artikel Vorbehalte
"1. La República de Panamá se opone a la utilización del idioma francés, en toda demanda, comunicación u otros documentos contemplados en el párrafo primero del Artículo 24, que se envíen a su Autoridad Central.*
2. Asimismo, la República de Panamá declare que no está obligada a sumir ningún gasto de los mencionados en el párrafo primero del Artículo 26 del Convenio, que se deriven de la participación de un abogado o asesores jurídicos o del proceso judicial, excepto en la medida que dichos gastos puedan quedar cubiertos por un sistema de asistencia judicial y asesoramiento jurídico."
(Translation)
1 The Republic of Panama objects to the use of the French language in any application, communication or other document mentioned in Article 24, first paragraph, sent to its Central Authority.*
2 Likewise the Republic of Panama declares that it shall not be bound to assume any costs referred to in the first paragraph of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
* On 3 May 1994, Panama notified the withdrawal of the reservation. The reservation ceased to have effect on 1 August 1994.
Philippinen Artikel Deklarationen
1. On Article 24 of the Convention The Government of the Republic of the Philippines declares, in accordance with Article 24 and Article 42 of the Convention, that any application, communication or other document sent to its Central Authority shall be in the English language or in Its original language accompanied by a translation thereof in the English language.
2. On Article 26, third paragraph of the Convention The Government of the Republic of the Philippines declares, pursuant to the third paragraph of Article 26 and Article 42 of the Convention, that it shall not be bound to assume any costs or expenses arising from the participation of legal counsel or advisers or from court and legal proceedings in connection with efforts to return children from the Republic of the Philippines pursuant to the Convention, except insofar as those costs or expenses may be covered by a system of legal aid and advice.
Polen Artikel Deklarationen Vorbehalte
Reservation:
10-08-1992
(Translation)
In accordance with Article 42, the Republic of Poland makes the reservation pursuant to Article 26, paraghraph 3, of the Convention and declares that it shall not be bound to assume any costs referred to in the preceding paragraph, resulting from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Declaration:
29-04-2021
The Republic of Poland takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on civil procedure (1954), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the recognition and enforcement of decisions relating to maintenance obligations (1973), the Convention on the civil aspects of international child abduction (1980) and the Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children (1996) and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Republic of Poland declares, in accordance with the duty of non-recognition as lawful a situation created by a serious breach by State of an obligation arising under a peremptory norm of general international law and in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognize the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, the Republic of Poland therefore considers that the Conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Republic of Poland further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol as well as certain districts of the Donetsk and Luhansk oblasts of Ukraine are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the government of Ukraine will determine the procedure for relevant communication.
As a consequence of the above, the Republic of Poland declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine for the purposes of the application and implementation of the conventions.
Portugal Artikel Deklarationen
Declaration:
13-03-2018
The Government of the Portuguese Republic takes note of the Declaration submitted by Ukraine on 16 October 2015 regarding the application of the Convention on the Civil Aspects of International Child Abduction, done at The Hague, on 25 October 1980, to the "Autonomous Republic of Crimea" and the city of Sevastopol and of the Declaration submitted by the Russian Federation on 19 July 2016 in relation to the Declaration made by Ukraine.
In relation to the Declaration made by the Russian Federation, the Government of the Portuguese Republic declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the "Autonomous Republic of Crimea" and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Convention, the Government of the Portuguese Republic therefore considers that the Convention in principle continues to apply to the "Autonomous Republic of Crimea" and the city of Sevastopol as part of the territory of Ukraine.
The Government of the Portuguese Republic further notes the Declaration by Ukraine that the "Autonomous Republic of Crimea" and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Convention is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kiev will determine the procedure for relevant communication.
As a consequence of the above, the Government of the Portuguese Republic declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine in Kiev for the purposes of the application and implementation of the convention.
Republik Korea Artikel Deklarationen Vorbehalte
1. Pursuant to Article 42 and 24 of the Convention, the Republic of
Korea objects to the use of French in any application, communication or
other document sent to its Central Authority.
2. Pursuant to Article 42 and 26 of the Convention, the Republic of
Korea declares that it shall not be bound to assume any costs referred
to in the second paragraph of Article 26 resulting from the
participation of legal counsel or advisers or from court proceedings,
except insofar as those costs may be covered by its system of legal aid
and advise.
Republik Moldau Artikel Vorbehalte
(Translation)
In accordance with the provisions of Article 42 of the Convention, pursuant to Article 26, paragraph 3, the Republic of Moldova declares that the Republic of Moldova will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the national system of legal and judicial aid.
Rumänien Artikel Deklarationen
Declaration:
14-06-2018
Romania takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the Civil Aspects of International Child Abduction (1980), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) to the "Autonomous Republic of Crimea" and the city of Sevastopol and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Romania declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the "Autonomous Republic of Crimea" and the
city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Romania therefore considers that the Conventions in principle continue to apply to the "Autonomous Republic of Crimea" and the city of Sevastopol as part of the territory of Ukraine.
Romania further notes the Declarations by Ukraine that the "Autonomous Republic of Crimea" and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kiev will determine the procedure for relevant communication.
As a consequence of the above, Romania declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine in Kiev for the purposes of the application and implementation of the conventions.
Russische Föderation Artikel Deklarationen Vorbehalte
Reservation:
"The Russian Federation in accordance with Article 42 of the Convention shall not consider itself bound by the obligation to assume costs, as provided for in the second paragraph of Article 26 of the Convention, resulting from the participation of the legal counsel or advisers or from court proceedings, except for those costs that may be covered by its system of legal aid and advice."
19-07-2016
Unofficial translation
Statement on the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
"Reaffirming its firm commitment to respect and fully comply with generally recognised principles and rules of international law, the Russian Federation, with reference to the declaration of Ukraine of 16 October 2015 regarding the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, states the following.
The Russian Federation rejects to the above mentioned declaration of Ukraine and states that it cannot be taken into consideration as it is based on a bad faith and incorrect presentation and interpretation of facts and law.
The declaration of Ukraine regarding "certain districts of the Donetsk and Luhansk oblasts of Ukraine" cannot serve as a justification for non-compliance with its obligations, disregard for humanitarian considerations, refusal or failure to take necessary measures to find practical solutions for issues that have a very serious and direct impact on the ability of residents of those regions to exercise their fundamental rights and freedoms provided for by international law.
The declaration of independence of the Republic of Crimea and its voluntary accession to the Russian Federation are the result of a direct and free expression of will by the people of Crimea in accordance with democratic principles, a legitimate form of exercising their right to self-determination given an aided from abroad violent coup d'état in Ukraine which caused rampant radical nationalist elements not hesitating to use terror, intimidation and harassment against both its political opponents and the population of entire regions of Ukraine.
The Russian Federation rejects any attempts to call into question an objective status of the Republic of Crimea and the city of Sevastopol as constituent entities of the Russian Federation, the territories of which are an integral part of the territory of the Russian Federation under its full sovereignty. Thus, the Russian Federation reaffirms that it fully complies with its international obligations under the Convention in relation to this part of its territory".
San Marino Artikel Deklarationen
"In conformity with Article 26, paragraph 3, of the Convention, the Republic of San Marino declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice."
Schweden Artikel Vorbehalte
In accordance with the provisions of Article 42 and pursuant to Article 42 and pursuant to Article 26, Sweden declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by the Swedish system of legal aid.
Simbabwe Artikel Vorbehalte
... subject to the reservation that the costs mentioned in the second paragraph of Article 26 of the aforesaid Convention shall not be borne by the State.
Singapur Artikel Vorbehalte
1. In accordance with the provisions of Article 42 and pursuant to the second paragraph of Article 24, the Republic of Singapore makes the reservation that:
All applications, communications and other documents sent to the Central Authority of Singapore shall, if it is in a language other than English, be accompanied by their translation into English.
2. In accordance with the provisions of Article 42 and pursuant to the third paragraph of Article 26, the Republic of Singapore makes the reservation that:
It shall not be bound to assume any costs referred to in the second paragraph of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Slowakei Artikel Vorbehalte
The Slovak Republic avails itself of the possibility to make a reservation under Article 42 of the Convention of 25 October 1980 on Civil Aspects of International Child Abduction and, in accordance with its Article 26, paragraph 3, declares that is shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Sri Lanka Artikel Vorbehalte
Article 24
For purposes of Arrticle 24, the documents should be in the English language.
Article 26(3)
For purposes of Article 26(3) Sri Lanka should not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of Lergal Counsel or advisers or from Court proceedings except in so far as those costs may be covered by the legal aid and advice system of Sri Lanka.
St. Kitts und Nevis Artikel Vorbehalte
Saint Kitts and Nevis is not bound to assume any costs resulting under the Convention from the participation of legal counsel or advisers [or] from court proceedings in terms of paragraph 3 of Article 26 of the Convention.
Südafrika Artikel Vorbehalte
(a) That the use of French in any application, communication or other document sent to the Central Authority of the Republic of South Africa, as provided for in Article 24 of the Convention, is objected to, and that such documents shall not be accepted in French.
(b) That the Republic of South Africa shall not be bound to assume any costs referred to in paragraph 2 of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except those costs which may be covered by the system of legal aid in terms of the Legal Aid Act, 1969 (Act No 22 of 1969).
Thailand Artikel Vorbehalte
"(...) subject to the reservation, made pursuant to Articles 24 and 42 thereof, that it accepts only the use of the English language in any application, communication or other document sent to its Central Authority, (...)
Tschechische Republik Artikel Vorbehalte
(Translation)
Having examined this Convention and knowing that the Parliament of the Czech Republic has given its consent thereto, we hereby ratify and confirm it with the reservation according to Article 42 of the Convention, that the Czech Republic shall not be bound to assume any costs referred to in Article 26, paragraph 2, of the Convention, resulting from the participation of legal counsel or advisers or from our court proceedings, except insofar as those costs may be covered by its legal system of legal aid and advice.
Tunesien Artikel Vorbehalte
Reservation:
10-07-2017
(Translation)
Firstly, in accordance with the provisions of Article 24 of the Convention, applications, communications or other documents sent to the Tunisian Central Authority shall be accompanied, where applicable, by a translation into Arabic. When a translation into Arabic is not feasible, the documents shall be translated into French.
Secondly, in accordance with the provisions of Article 26 of the Convention, the Republic of Tunisia shall not be bound to assume any costs referred to in the second paragraph of this Article, except insofar as those costs may be covered by its system of legal aid.
Türkiye Artikel Vorbehalte
"(...) that in accordance with paragraph 3 of Article 26, the Republic of Turkey shall not be bound to assume any costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers and those of returning the child."*
* The Ministry of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 18 October 2000 from the Embassy of Finland concerning the reservation made by Turkey. The Note reads as follows:
"The Government of Finland is unable to accept the reservation in so far as it is incompatible with Article 26(3) and 42(1) of the Convention.
According to the Article 26(3), a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Having regard to the wording and the purpose of this provision the Finnish Government considers that the reservation made by Turkey, which excludes also the costs covered by Turkey's system of legal aid and advice, is not allowed under Article 26(3) and 42(1). In conclusion, the Finnish Government declares that in relation to Finland this reservation may not be invoked by Turkey in so far as this would be incompatible with the aforementioned provisions of the Convention..."
Ukraine Artikel Deklarationen
01-12-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party's fulfillment of its obligations under [this treaty] as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
09-03-2022
In view of the ongoing aggression of the Russian Federation against Ukraine, Ukraine hereby informs the Depositary […] of the inability to guarantee the fulfilment by the Ukrainian side of obligations [under the above Convention] to the full extent for the period of the armed aggression of the Russian Federation and the martial law in place in the territory of Ukraine until complete termination of the encroachment upon the sovereignty, territorial integrity and inviolability of Ukraine.
16-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine - the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against the Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.
The provisions of the Conventions regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The procedure of the relevant communication is determined by the central authorities of Ukraine in Kyiv.
Usbekistan Artikel Vorbehalte
The Republic of Uzbekistan shall not be bound to assume any costs referred to in paragraph 2 of Article 26 and resulting from the participation of legal counsel or from court proceedings.
Venezuela (Bolivarische Republik) Artikel Vorbehalte
"Todas las comunicaciones para la Autoridad Central deben estar redactadas en idioma español.
La República de Venezuela no está obligada a asumir ninguno de los gastos mencionados en el párrafo tercero del Artículo 26."*
(Translation)
All communications to the Central Authority should be drawn up in the Spanish language.*
The Republic of Venezuela is not bound to assume any costs referred to in Article 26, paragraph 3.**
* On 26 February 1997 the Ministry of Foreign Affairs of the Kingdom of the Netherlands received a Note dated 24 February 1997 from the Embassy of Finland concerning the reservations made by the Republic of Venezuela. The Note reads as follows:
"(...) The Government of Finland are unable to accept these reservations in so far as they are incompatible with Article 24, paragraph 2, Article 26, paragraph 3, and Article 42, paragraph 1, of the Convention.
According to Article 24, paragraph 1, any application, communication or other document sent to the Central Authority shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English.
Under Article 24, paragraph 2, a Contracting State may, by making a reservation, object the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority. Having regard to the wording and the purpose of this provision the Finnish Government consider that the reservation made by the Republic of Venezuela, which excludes the use of both French and English languages in cases where it is not feasible to obtain a translation of the document into Spanish, is not allowed under Article 24, paragraph 2, and Article 42, paragraph 1.
In addition, the reservation seems to require that all communications, even the original documents transmitted to the Venezuelan Central Authority, shall be in the Spanish language, whereas under Article 24, paragraph 1, the documents shall be in the original language and, in addition, accompanied by a translation into the official language or official languages of the State addressed (or, where that, i.e. translation, is not feasible, into French or English). Such a requirement, implicit in the reservation, is not only incompatible with Article 24 but also in most cases impossible to comply with in cases where the original documents which under paragraph 1 shall be sent to the State addressed, have not been drawn up in Spanish.
According to Article 26, paragraph 3, a Contracting State may make a reservation not to be bound to assume any costs referred to in paragraph 2 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice. However, the reservation by the Republic of Venezuela seems to indicate that in the application of the Convention Venezuela would not assume any costs referred to above, under any circumstances and not even in cases where those costs might be covered by the Venezuelan system of legal aid and advice, if available.
The Finnish Government consider that such a reservation is incompatible with Article 26, paragraph 3, and Article 42, paragraph 1, of the Convention.
In conclusion, the Finnish Government declare that in relation to Finland these reservations may not be invoked by the authorities of the Republic of Venezuela in so far as this would be incompatible with the aforementioned provisions of the Convention.
This declaration is not to be interpreted as preventing the entry into force of the Convention between Finland and the Republic of Venezuela."
** On 15 April 1997 the Government of Germany has deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands the following declaration concerning this reservation:
(Translation)
The reservation made by Venezuela is taken by the Federal Government to mean that persons eligible for legal aid who enter an application pursuant to the above-mentioned Convention may invoke the provisions laid down in the Venezuelan code of civil procedure as generally applicable to such persons, namely that free access to the courts and to legal counsel is also guaranteed in respect of proceedings pursuant to the Convention.
Vereinigtes Königreich Großbritannien und Nordirland Artikel Notifikationen Vorbehalte
(...), in accordance with the provisions of Article 42 of the Convention, the United Kingdom declares that it shall not be bound to assume any costs referred to in the second paragraph of Article 26 of the Convention resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
In accordance with Article 39 of the Convention, the United Kingdom will notify the depositary in due course of the territories for the international relations of which it is responsible, to which the Convention is to be extended.
Vereinigte Staaten von Amerika Artikel Vorbehalte
«(1) Pursuant to the second paragraph of Article 24, and Article 42, the United States makes the following reservation: All applications, communications and other documents sent to the U.S. Central Authority should be accompanied by their translation into English.
(2) Pursuant to the third paragraph of Article 26, the United States declares that it will not be bound to assume any costs or expenses resulting from the participation of legal counsel or advisers or from court and legal proceedings in connection with efforts to return children from the United States pursuant to the Convention except insofar as those costs or expenses are covered by a legal aid program.