Declaraciones
Reservas
Artículos: 4,16,17,23
(Translation)
In accordance with the provisions of Article 33, the French Government declares:
– that in pursuance of Article 4, para. 2, it will execute Letters of Request only if they are in French or if they are accompanied by a translation into French;
– that, in pursuance of Article 23, Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries will not be executed;
(...)
In accordance with the provisions of Article 16, the Service Civil de l'Entraide Judiciaire Internationale, Ministère de la Justice [click here for current contact details], has been designated as the authority competent to authorize diplomatic officers or consular agents of a Contracting State to take the evidence without compulsion of persons other than nationals of that State in aid of proceedings commenced in the courts of a State which they represent.
This authorization which will be given for each particular case accompanied by particular conditions if need be, shall be subject to the following general conditions:
1. the evidence must only be taken within the precincts of the Embassies;
2. the Service Civil de L'Entraide Judiciaire Internationale must be given due notice of the date and time at which the evidence is to be taken so that it can make representatives available if necessary;
3. the evidence must be taken in a room to which the public has access;
4. the persons who are to give evidence must receive due notice in the form of an official summons drawn up in French or accompanied by a translation into French, and stating:
(a) that the taking of evidence for which the person concerned is summoned is based on the provisions of the Hague Convention of 18 March 1970 on the taking of evidence abroad in civil or commercial matters, and is part of the judicial proceedings taken in a court designated by a Contracting State by name;
(b) that appearance for the giving of evidence is voluntary and that non-appearance cannot lead to prosecution in the requesting State;
(c) that the parties to any action consent to it or, if they do not, their reasons for this;
(d) that the person who is to give evidence is entitled to legal advice;
(e) that the person who is to give evidence can claim dispensation or prohibition from doing so.
A copy of the summonses will be sent to the Ministère de la Justice.
5. The Service Civil de l'Entraide Judiciaire Internationale will be kept informed of any difficulties.
In accordance with the provisions of Article 17, the Service Civil de l'Entraide Judiciaire Internationale, Ministère de la Justice [click here for current contact details], has been designated as the authority competent to authorize persons duly appointed as commissioners to take evidence without compulsion in aid of proceedings commenced in the courts of a Contracting State.
This authorization, which will be given for each particular case, accompanied if need be by particular conditions, shall be subject to the following general conditions:
1. the evidence must only be taken within the precincts of the Embassies;
2. the Service Civil de l'Entraide Judiciaire Internationale must be given due notice of the date and time at which the evidence is to be taken so that it can make representatives available if necessary;
3. the evidence must be taken in a room to which the public has access;
4. the persons who are to give evidence must receive due notice in the form of an official summons drawn up in French or accompanied by a translation into French, and stating:
(a) that the taking of evidence for which the person concerned is summoned is based on the provisions of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, and is part of the judicial proceedings taken in a court designated by a Contracting State by name;
(b) that appearance for the giving of evidence is voluntary and that non-appearance cannot lead to prosecution in the requesting State;
(c) that the parties to any action consent to it or, if they do not, their reasons for this;
(d) that the person who is to give evidence is entitled to legal advice;
(e) that the person who is to give evidence can claim dispensation or prohibition from doing so.
A copy of the summonses will be sent to the Ministère de la Justice.
5. The Service Civil de l'Entraide Judiciaire Internationale will be kept informed of any difficulties.
The application for authorization, which will be addressed to the Ministère de la Justice by the requesting authority, should specify:
1) the reasons why this method of investigation was chosen in preference to that of Letters of Request, bearing in mind the judiciary expenses involved.
2) the criteria for designating the commissioners when the person designated does not reside in France.
The French Government declares that, in pursuance of the provisions of Article 8, members of the judicial personnel of the requesting authority of a Contracting State may be present at the execution of a Letter of Request.
Modification dated 19 January 1987 of the declaration relating to Article 23:
(Translation)
The declaration made by the French Republic in accordance with Article 23 relating to Letters of Request issued for the purpose of obtaining pre-trial discovery of documents does not apply when the requested documents are enumerated limitatively in the Letter of Request and have a direct and precise link with the object of the procedure.
N.B.: The instrument of ratification of France (a copy of which can be downloaded here) clearly indicates that the Convention applies to the entire territory of the French Republic. Consequently, besides Metropolitan France and the Overseas Departments (French Guyana, Guadeloupe, Reunion, Martinique), the Convention applies to all of the other French overseas territories. (Translation by the Permanent Bureau)