Details

By communication dated 1 October 2002, the Department of Justice of the United States of America informed the Permanent Bureau that it was finalising an award to a private process server company to assume the duties of the United States Central Authority pursuant to Article 2 of the 1965 Hague Service Convention. On 24 October 2002, the Permanent Bureau brought this communication to the attention of all the Member States of the Hague Conference and the non-Member States Parties to the Convention.

By communication dated 15 April 2003, the Department of Justice of the United States of America informed the Permanent Bureau that the bidding procedure had been completed and that the contract had been awarded to Process Forwarding International of Seattle, Washington, USA (see the contact details below). This contract will become effective on 1 June 2003, for a five-year period. (The contract also encompasses service of process pursuant to the Inter-American Convention on Letters Rogatory and Letters Rogatory from non-Convention States.)

The Department of Justice of the United States of America emphasises that this procedure has not led to the formal designation of a new Central Authority, but rather to the outsourcing of the activities conducted by the Central Authority, which formally remains the Department of Justice.

Process Forwarding International is the only private process service company authorised to act on behalf of the United States Central Authority, in accordance with Articles 2-6 of the Convention, to receive requests for service from other Contacting States, proceed to serve the documents, and complete the certificate in the form annexed to the Convention. Process Forwarding International is responsible for the geographical coverage of its tasks in the following areas: the United States, Guam, American Samoa, Puerto Rico, U.S. Virgin Islands, and Northern Mariana. Process Forwarding International is required to ensure that all personnel are properly trained and experienced in the handling of process serving. Pursuant to the contract, there will be a fully functional office in the United States to perform all necessary work.

Personal service will be the preferred method used on all requests. In addition, Process Forwarding International is required to complete service of documents and the certificate for return to the foreign applicant within six weeks of receipt of the request.

If Central Authorities of the Contracting States are solicited by other private process server companies, they should be aware that Process Forwarding International is the only company authorised to perform the duties of the U.S. Central Authority under the contract awarded by the Department of Justice.

Requests for service to be forwarded as of 1 June 2003 should be transmitted to Process Forwarding International (see the contact details below). Requests received by the U.S. Central Authority during the thirty days prior to the effective date of the new arrangement will be forwarded to Process Forwarding International for service free of charge. All pending requests for service received prior to the effective date will continue to be processed by the United States Department of Justice.

The contact details for the private process server company and the payment schedule for the five-year contract period, including methods of payment, are as follows: