Imprima

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 F 1 R/A/S2 Tipo3 EEV4 EXT5 Aut6 Res/D/N/CD7
África do Sul 8-VII-1997 A* 6-IX-1997 3 D,Res 4,15,16,17,23
Albânia 16-VII-2010 A* 14-IX-2010 1 D 33,35
Alemanha 18-III-1970 27-IV-1979 R 26-VI-1979 2 D,Res 4,8,16,23,35
Andorra 26-IV-2017 A* 25-VI-2017 2 D,Res 2,4,8,15-17,21,23
Argentina 8-V-1987 A* 7-VII-1987 1 D,Res 23,33
Arménia 27-VI-2012 A* 26-VIII-2012 1 D,Res 4,8,16,17,18,23
Austrália 23-X-1992 A* 22-XII-1992 3 D,Res 8,15,16,23,33,40
Barbados 5-III-1981 A* 4-V-1981 1
Belarus 7-VIII-2001 A* 6-X-2001 2 D,Res 4,8,16,17,18
Bósnia e Herzegovina 16-VI-2008 A* 15-VIII-2008 1
Brasil 9-IV-2014 A* 8-VI-2014 1 D,Res 4,8,23,33
Bulgária 23-XI-1999 A* 22-I-2000 2 D,Res 4,16,17,18,19,8,11,2
Cazaquistão 26-IX-2016 A* 25-XI-2016 2 D,Res 4, 15-18, 23, 27, 33
China 8-XII-1997 A* 6-II-1998 4 D,N,Res 4,16,23,33
Chipre 13-I-1983 A* 14-III-1983 3 D,Res 8,18,23,33
Colômbia 13-I-2012 A* 13-III-2012 1
Costa Rica 16-III-2016 A* 15-V-2016 1
Croácia 1-X-2009 A* 30-XI-2009 1 D,Res 4,8,15,16,18,23
Dinamarca 18-IV-1972 20-VI-1972 R 7-X-1972 2 D,Res 4,8,15,16,17,23,27
El Salvador 19-I-2023 A* 20-III-2023 1 D,Res 4, 15-22
Eslováquia 15-III-1993 Su 1-I-1993 2 D 16,18,40
Eslovénia 18-IX-2000 A* 17-XI-2000 1
Espanha 21-X-1976 22-V-1987 R 21-VII-1987 2 D,Res 4,8,16,17,23
Estados Unidos da América 27-VII-1970 8-VIII-1972 R 7-X-1972 3 3 D 4,8,16,17,18
Estónia 2-II-1996 A* 2-IV-1996 2 D 8,11,23
Federação Russa 1-V-2001 A* 30-VI-2001 D 42
Finlândia 9-III-1976 7-IV-1976 R 6-VI-1976 2 D,Res 4,8,16,17,23,35
França 24-VIII-1972 7-VIII-1974 R 6-X-1974 1 2 D,Res 4,16,17,23
Geórgia 31-V-2021 A* 30-VII-2021 1 D,Res 2, 8, 9, 33
Grécia 18-I-2005 18-I-2005 R 19-III-2005 2 D,Res 4,8,15,16,17,23,35
Hungria 13-VII-2004 A* 11-IX-2004 2 D,Res 2,4,8,15,16,17,18,23
Índia 7-II-2007 A* 8-IV-2007 3 D 4,8,16,17,18,23
Islândia 10-XI-2008 A* 9-I-2009 1 D,Res 4,8,15,23
Israel 11-XI-1977 19-VII-1979 R 17-IX-1979 2 D 2,8,16,17
Itália 6-II-1975 22-VI-1982 R 21-VIII-1982 2 D 2,8,18,23,35
Kuwait 8-V-2002 A* 7-VII-2002 1
Letónia 28-III-1995 A* 27-V-1995 2 D 4,8,16,17
Liechtenstein 12-XI-2008 A* 11-I-2009 1 D 4,8,11,15-18,23
Lituânia 2-VIII-2000 A* 1-X-2000 2 D,Res 4,8,16,17,23
Luxemburgo 2-V-1975 26-VII-1977 R 24-IX-1977 2 D,Res 4,16,17,23
Macedónia do Norte 19-III-2009 A* 18-V-2009 D 4,8,23
Malta 24-II-2011 A* 25-IV-2011 2 Res 4
Marrocos 24-III-2011 A* 23-V-2011 1
México 27-VII-1989 A* 25-IX-1989 1 D,Res 4,17,18,23,27,32
Mónaco 17-I-1986 A* 18-III-1986 2 D,Res 4,16,17,23
Montenegro 16-I-2012 A* 16-III-2012 2 D,Res 23,33
Nicarágua 27-II-2019 A* 28-IV-2019 1 Res,DC Art 4(2)
Noruega 18-III-1970 3-VIII-1972 R 7-X-1972 3 D,Res 4,15,23
Países Baixos 8-IV-1981 R 7-VI-1981 1 3 D,Res 4,8,11,14,16,17,23,2
Paraguai 23-VI-2023 A* 22-VIII-2023 1 D,Res 4, 8, 23, 33
Polónia 13-II-1996 A* 13-IV-1996 3 Res 8,23,33
Portugal 18-III-1970 12-III-1975 R 11-V-1975 2 D,Res 4,15,23
Reino Unido da Grã-Bretanha e Irlanda do Norte 18-III-1970 16-VII-1976 R 14-IX-1976 8 3 D,N,Res 8,18,23,27,33
República Checa 28-VI-1993 Su 1-I-1993 2 D 16,18,40
República da Coreia 14-XII-2009 A* 12-II-2010 2 D,Res 4,8,16,17,23,33
Roménia 21-VIII-2003 A* 20-X-2003 2 D,Res 8,16,17,18,19,21,23
Seicheles 7-I-2004 A* 7-III-2004 2 D 23
Sérvia 2-VII-2010 A* 31-VIII-2010 3 D 4,8,16,17,18,35
Singapura 27-X-1978 A* 26-XII-1978 1 D,Res 4,23
Sri Lanka 31-VIII-2000 A* 30-X-2000 1 D,Res 4,8,23,33
Suécia 21-IV-1975 2-V-1975 R 1-VII-1975 1 D 4,8,15,23
Suíça 21-V-1985 2-XI-1994 R 1-I-1995 3 D,Res 1,2,4,8,15,16,17,23,
Türkiye 13-XII-2000 13-VIII-2004 R 12-X-2004 2 D,Res 4,16,17,23
Ucrânia 1-II-2001 A* 1-IV-2001 2 D,Res 4,8,16,17,18,19,23
Venezuela (República Bolivariana da) 1-XI-1993 A* 31-XII-1993 1 D,Res 4,23
Vietname 4-III-2020 A* 3-V-2020 1 D 2, 4, 23, 33

Type

Eslováquia Tipo Sucessão

On 15 March 1993, the Slovak Republic declared itself to be bound by the Convention – including reservations and declarations made by Czechoslovakia as well as objections by Czechoslovakia in respect of reservations made by other Treaty Parties – as of January 1, 1993, date of the division of Czechoslovakia.

França Tipo Ratificação

Translation by the Permanent Bureau:
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.

República Checa Tipo Sucessão

On 28 January 1993, the Czech Republic declared itself to be bound by the Convention – including reservations and declarations made by Czechoslovakia – as of January 1, 1993, date of the division of Czechoslovakia.

Res/D/N

África do Sul Artigos Declarações Reservas

"1. Reservations
That the Republic of South Africa excludes the following in terms of Article 33 of the Convention, namely –

(a) the application of the provision of paragraph 2 of Article 4 of the Convention, which provides that a Letter of Request shall be accepted in French; and
(b) the application of the provisions of Articles 15 and 16 of Chapter II of the Convention.

2. (...)

3. Declarations
That the Republic of South Africa makes the following declarations under the Convention:

(a) For the purposes of paragraph 4 of Article 4 of the Convention, a Letter of Request, if not in English, may also be sent to the Central Authority in any of the following languages: Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, isiNdebele, isiXhosa et isiZulu.
(b) Members of the judicial personnel of the requesting authority of another Contracting State may, after authorisation by the competent authority referred to in Article 8 of the Convention, be present at the execution of a Letter of Request as contemplated in that article.
(c) Evicence may not be taken in terms of Article 17 of the Convention without the prior permission of the competent authority referred to in that article.
(d) A commissioner authorised to take evidence under Article 17 of the Convention may, in terms of Article 18 of the Convention, apply to the competent authority referred to in that article to obtain the evidence by compulsion, subject to the measures of compulsion which are appropriate and prescribed by South African law for use in internal proceedings.
(e) Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries, will not be executed as provided for in Article 23."

Albânia Artigos Declarações

In accordance with the first paragraph of Article 33 of the Convention, the Republic of Albania reserves the right to accept for review the letters of request which are drafted in Albanian language or accompanied by an official translation into Albanian language.
In accordance with letter c of Article 35 of the Convention, the Republic of Albania declares that it shall not execute the letters of request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries.

Alemanha Artigos Declarações Reservas

Declarations:

28-07-2022
(Translation)
Amendment of the declaration of 27 April 1979:
A Letter of Request issued for the purpose of obtaining pre-trial discovery of documents pursuant to Article 23 of the Convention shall only be executed if

  1. the documents requested are described separately in detail,
  2. the documents requested are of immediate and clearly recognisable relevance for the respective proceedings and their outcome,
  3. the documents requested are in the possession of a party to the proceedings,
  4. the Letter of Request does not violate fundamental principles of German law and
  5. to the extent the documents requested contain personal data, the requirements for the transfer of personal data to a third country pursuant to Chapter V of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4 May 2016, p.1; L 314, 22 November 2016, p. 2; L 127, 23 May 2018, p. 2; L 74, 4 March 2021, p. 35) are met.

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.

27-04-1979
A. The Government of the Federal Republic of Germany makes the following declarations in accordance with paragraph 1 of Article 33 of the Convention of 18th March 1970:

The Federal Republic of Germany makes the reservation provided for in the first sentence of paragraph 1 of Article 33 of the Convention excluding the application of the provisions of paragraph 2 of Article 4 of the Convention. Letters of Request to be executed under Chapter I of the Convention must, in accordance with paragraphs 1 and 5 of Article 4 of the Convention, be in the German language or be accompanied by a translation into that language.

The Federal Republic of Germany declares in accordance with the option provided for in the first sentence of paragraph 1 of Article 33 of the Convention to make a reservation excluding the application of the provisions of Chapter II of the Convention that the taking of evidence by diplomatic officers or consular agents is not permissible in its territory if German nationals are involved.

B. The Government of the Federal Republic of Germany makes the following declarations pursuant to Article 35 of the Convention of 18th March 1970:

1. The authority competent to execute a Letter of Request shall be the local court (Amtsgericht) in whose district the official act is to be performed.

2. Pursuant to Article 8 of the Convention, the Government of the Federal Republic of Germany declares that members of the requesting court of another Contracting State may be present at the execution of a Letter of Request by the local court if prior authorization has been given by the Central Authority of the Land where the request is to be executed.

3. The taking of evidence by diplomatic officers or consular agents pursuant to paragraph 1 of Article 16 of the Convention which involves nationals of a third State or stateless persons shall be subject to permission from the Central Authority of the Land where the evidence is to be taken. Pursuant to paragraph 2 of Article 16 of the Convention, permission shall not be required if the national of the third State is also a national of the State of the requesting court.

4. A commissioner of the requesting court may not take evidence pursuant to Article 17 of the Convention unless the Central Authority of the Land where the evidence is to be taken has given its permission. Such permission may be made subject to conditions. The local court in whose district official acts would have to be performed by virtue of a Letter of Request in the same matter shall be entitled to control the preparation and the actual taking of the evidence. Under the second sentence of Article 19 of the Convention, a member of the court may be present at the taking of the evidence.

5. The Federal Republic of Germany declares in pursuance of Article 23 of the Convention that it will not, in its territory, execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries."

The Ministry of Foreign Affairs of the Kingdom of the Netherlands received the following Note from the Embassy of the Federal Republic of Germany at The Hague on 15 October 1980:

"(...)
1. By Note of December 14, 1979, directed to the Ministry, the Czechoslovak Socialist Republic made a statement concerning the declaration made by the Federal Republic of Germany at the time of the deposit of its instrument of ratification of the Convention on the Taking of Evidence Abroad in Civil and Commercial Matters on April 27, 1979. This communication of the Czechoslovak Socialist Republic was circulated by a Notification of the Ministry dated January 22, 1980.

2. By Note of August 12, 1980, disseminated by a Notification of the Ministry of September 19, 1980, the Government of the United States of America, following consultations with the Governments of the United Kingdom and France, answered the assertions made in the communication of the Czechoslovak Socialist Republic. The Governement of the Federal Republic of Germany, on the basis of the legal situation set out in the Note of the United States, wishes to confirm that the application in Berlin (West) of the above-mentioned Convention extended by it under the established procedures continues in full force and effect.

3. The Government of the Federal Republic of Germany wishes to point out that the absence of a response to further communications of a similar nature should not be taken to imply any change of its position in this matter.

4. The Embassy of the Federal Republic of Germany has the honour to request that the contents of this note be brought to the attention of the Governments of those States which have received or will receive the above-mentioned Notifications."

Andorra Artigos Declarações Reservas

Reservation:
09-04-2014
(Translation)

Pursuant to Article 4, paragraph 2, it will only accept Letters of Request drawn up in the Catalan, Spanish or French languages or accompanied by a translation into one of these languages.

Declarations:
09-04-2014
(Translation)

1. The Principality of Andorra designates the Ministry of Justice as the Central Authority provided for in Article 2 and the authority competent to authorize the members of the judicial personnel of the requesting authority to be present at the execution of a Letter of Request in accordance with Article 8:
Postal address:
Ministry of Social Affairs, Justice and Interior
Edifici administratiu de l’Obac
Ctra. de l'Obac
AD700 Escaldes-Engordany
Principality of Andorra
Tel. : +376 872 080
Fax : +376 864 950
Email: interior_gov@andorra.ad

2. Pursuant to Article 15, paragraph 2, evidence may be taken by diplomatic officers or consular agents only with the prior permission of the Central Authority.

3. Pursuant to Articles 16 and 17, the Central Authority is designated as the competent authority to permit, where applicable:
- the diplomatic officers or consular agents of a Contracting State, to take evidence, without compulsion, involving persons other than nationals of that State in aid of proceedings commenced in the courts of the State which they represent;
- the persons duly appointed as commissioners, to take evidence, without compulsion, in aid of proceedings commenced in the courts of a Contracting State.

This permission, which will be on a case-by-case basis, is subject, if necessary, to special conditions and must be subject to the following general conditions:
a) the taking of evidence must take place exclusively on the premises of the diplomatic or consular representations if they are located in the Andorran territory or at the place decided by the Central Authority in the other cases;
b) the date and time of the taking of evidence must be notified in good time to the Central Authority to enable it to be represented;
c) a request to persons to appear or to give evidence shall be drawn up in the Catalan language or accompanied by a translation into such language. This request shall mention that the investigation is carried out in accordance with the provisions of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters and shall fall within the scope of a judicial proceeding before a designated court of the requesting State. The request shall also contain the references provided for in Article 21 of the Convention. A copy of the request shall be sent to the Central Authority, who will also be informed of any difficulties.

4. With regard to Article 8, the presence of the members of the judicial personnel of the requesting authority shall be possible only after obtaining the authorization of the Central Authority.

5. Pursuant to Article 23, Letters of Request issued for the procedure known as obtaining pre-trial discovery of documents will not be executed.

Argentina Artigos Declarações Reservas

03-09-1980
The Argentine Government declares that the extension of the[...] Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (18-03-1970), made by the United Kingdom of the Islas Malvinas, Georgias del Sur and Sandwich del Sur, identified by Great Britain as Falkland Islands and its Dependencies, does not affect the Rights of the Argentine Republic on the mentioned archipelago.

The illicitness of the action of the United Kingdom (occupation by force of the Islands in 1833 and expulsion of the local inhabitants) has been constantly pointed out by the Republic of Argentina. Likewise, the U.N. in its G.A. resolutions 2065(XX), 3160(XXVIII) and 31/49 has urged both Governments to accelerate the negotiations on the existing sovereignty dispute, so as to put an end to the present colonial situation.

Objection United Kingdom, 06-01-1981
The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to United Kingdom sovereignty over the Falkland Islands and their Dependencies. The United Kingdom is fully entitled to include them within the scope of application of international agreements to which it is a party. The United Kingdom therefore cannot accept the Argentine declaration referred to above in so far as it purports to question the right of the United Kingdom to extend the said Conventions to the Falkland Islands and their Dependencies nor can it accept that the Government of the Argentine Republic has any right in this regard.

The United Kingdom further does not accept the implied assertion in the last paragraph of the Argentine declaration that the United Nations has pointed out the "illicitness of the action of the United Kingdom (occupation by force of the Islands in 1833 and expulsion of the local inhabitants)". United Nations resolutions have simply called for the settlement of the dispute by negotiation between the two Governments.

08-05-1987
The Argentine Republic totally excludes the application of the provisions of paragraph 2 of Article 4, as well as those of Chapter II.

The Argentine Republic will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in the Common Law Countries.
The Argentine Republic rejects the extension of the application of the Convention regarding the Taking of Evidence Abroad in Commercial or Civil Matters adopted in The Hague on 18 March 1970, to the Malvinas Islands, South Georgias and the South Sandwich Islands as was notified by the United Kingdom of Great Britain and Northern Ireland to the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 23 November 1979, and reaffirms its sovereign rights over the Malvinas Islands, South Georgias and the South Sandwich Islands, which form an integral part of its national territory.

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 in which is recognised that there exists a dispute over the sovereignty concerning the question of the Malvinas Islands and in which the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are urged to continue negotiating 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 shall inform the General Assembly about the progress achieved.
Furthermore the Argentine Republic rejects the acceptance declared by the United Kingdom of Great Britain and Northern Ireland on 19 June 1986, on behalf of the Malvinas Islands, South Georgias and the South Sandwich Islands, regarding the accession by the Principality of Monaco to the aforementioned Convention.

Objection United Kingdom, 18-08-1987
The Government of the United Kingdom of Great Britain and Northern Ireland has no doubt as to the United Kingdom's sovereignty over the Falkland Islands or South Georgia and the Sandwich Islands and is fully entitled to include those territories within the scope of application of international agreements to which it is a party. The United Kingdom therefore cannot accept the Argentine declaration in so far as it purports to question the right of the United Kingdom to extend the Convention to the Falkland Islands or South Georgia and the South Sandwich Islands; nor can it accept that the Government of the Argentine Republic has any right in this regard.

The above applies equally to the rejection by the Government of the Argentine Republic in the said declaration of the acceptance by the United Kingdom in respect of the Falkland Islands and South Georgia and the South Sandwich Islands of the accession of Monaco to the Convention.

11-04-1988
With respect to the acceptance by the United Kingdom of Great Britain and Northern Ireland of the adhesion of the Argentine Republic to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, declared by Note dated February 12, 1988, the Argentine Government rejects the pretended acceptance of said Convention formulated for the Malvinas Islands, South Georgias Islands and South Sandwich Islands and reaffirms the sovereignty of the Argentine Republic over said Islands, that are an integral part of the national territory.

Objection United Kingdom, 08-07-1988
The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to the United Kingdom's sovereignty over the Falkland Islands or South Georgia and the South Sandwich Islands and are fully entitled to include those territories within the scope of application of international agreements to which they are a party. The United Kingdom, therefore, cannot accept the Argentine declaration which purports to question the right of the United Kingdom to extend the Convention to the Falkland Islands or South Georgia and the South Sandwich Islands; nor can it accept that the Government of the Argentine Republic has any right in this regard.

29-12-2020
“… in connection with the notification dated 2 November 2020 by which the Depositary indicates that the United Kingdom of Great Britain and Northern Ireland has accepted on behalf of the Malvinas Islands the accession of Croatia, Hungary, Lithuania, Malta, Romania and Slovenia to the Convention.

The Government of the Argentine Republic wishes to recall that the Malvinas Islands, South Georgia and the 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 the subject of a sovereignty dispute between the two countries, which is recognized by Resolution 2065 (XX) and subsequent resolutions of the United Nations General Assembly and 38 resolutions of the Special Committee on Decolonization, as well as by other international organizations and fora.

The Argentine Republic recalls that at the time of its accession it rejected the claim notified by the United Kingdom of Great Britain and Northern Ireland to extend to the Malvinas Islands, South Georgia and South Sandwich Islands and the surrounding maritime areas the application of the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. Similarly, the Argentine Republic rejected the acceptance of accession by the Principality of Monaco, which was formulated on 19 June 1986 by the United Kingdom of Great Britain and Northern Ireland on behalf of the Malvinas Islands, South Georgia and the South Sandwich Islands.

In the light of those precedents, the Argentine Republic emphatically rejects the United Kingdom's claim to include the Malvinas Islands in the acceptance and entry into force of the Convention for Croatia, Hungary, Lithuania, Malta, Romania and Slovenia.”

Arménia Artigos Declarações Reservas

In accordance with Article 33 of the Convention, Republic of Armenia makes the following reservation:
- Republic of Armenia excludes, in whole, the application of the provisions of paragraph 2 of Article 4 of the Convention.
Republic of Armenia makes the following declarations:
- In accordance with Article 8 of the Convention, Republic of Armenia declares that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request only with prior authorization by the competent authorities of the Republic of Armenia;
- In accordance with Articles 16 and 17 of the Convention, Republic of Armenia declares that a diplomatic officer or consular agent and a person duly appointed as a commissioner may take the evidence in the territory of the Republic of Armenia without compulsion with prior permission by the competent authorities and on the conditions which competent authority has specified;
- In accordance with Article 18 of the Convention the Republic of Armenia declares that a diplomatic officer or consular agent and commissioner authorized to take evidence under Articles 15, 16 or 17 may apply to the competent authority of the Republic of Armenia for appropriate assistance to obtain testimony by compulsion;
- In accordance with Article 23 of the Convention, the Republic of Armenia will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries.

Austrália Artigos Declarações Reservas

Pursuant to Article 33, Australia excludes the operation of paragraph 2 of Article 4.

The Government of Australia hereby declares, for and on behalf of Australia, that:
(...)
– pursuant to Article 8, members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request, subject to prior authorization by the judicial authority executing the Letter of Request;
– pursuant to Article 15, evidence may be taken by a diplomatic officer or consular agent only if permission to that effect is given upon application to the Secretary of the Attorney-General's Department of the Commonwealth of Australia;
– pursuant to Article 16, the Secretary to the Attorney-General's Department of the Commonwealth of Australia will be its competent authority for the purposes of that Article and is empowered to specify conditions with respect to any permission given under that Article; and
– pursuant to Article 23, it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries;
(...)
– pursuant to Article 40, the Convention extends to all the territories for the international relations of which it is responsible.

Belarus Artigos Declarações Reservas

(...)
The Republic of Belarus excludes, in whole, the application of the provisions of the paragraph 2 of the Article 4 of the Convention."

Declarations:
1. In accordance with the Article 8 of the Convention the Republic of Belarus declares that the members of the judicial personnel of another Contracting States may be present at the execution of a letter of Request in civil or commercial matters with prior authorisation by the competent authorities of the Republic of Belarus.
(...)
2. In accordance with Articles 16 and 17 of the Convention the Republic of Belarus declares that a diplomatic officer or consular agent and a person duly appointed as a commissioner may take the evidence in the territory of the Republic of Belarus in civil and commercial matters without compulsion with prior permission by the competent authorities and on the conditions which competent authorities has specified.
(...)
3. In accordance with Article 18 of the Convention the Republic of Belarus declares that a diplomatic officer or consular agent and commissioner authorized to take evidence under Articles 15, 16 or 17 may apply to the competent authority of the Republic of Belarus for appropriate assistance to obtain the evidence in civil and commercial matters by compulsion.
(...)

Brasil Artigos Declarações Reservas

"[...], the National Congress has approved the text of the Convention [...], under the reservation referred to in [...] Article 4, second paragraph, and Chapter II, pursuant to its Article 33, along with the declarations under its Articles 8 and 23."

Bulgária Artigos Declarações Reservas

Reservation on Article 33
The Republic of Bulgaria excludes the application within its territory of the provisions of:
- Article 4, paragraph 2;
- Articles 16, 17, 18 and 19 of Chapter II of the Convention.
(...)

Declaration on Article 8
Representatives of the judicial authority of the requesting State may be present at the execution of Letters of Request after prior consent of the competent Bulgarian authority.

Declaration on Article 11, paragraph 2
The judge who executes a Letter of Request is competent to recognise the privileges and duties to refuse to give evidence existing under the law of a third State provided that the Letter of Request contains information about the privileges and duties to refuse to give evidence under the law of that third State necessary to the application of Article 11, paragraph 2.

Declaration on Article 23
The Republic of Bulgaria declares that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries."

Cazaquistão Artigos Declarações Reservas

RESERVATION:
26-09-2016
The Republic of Kazakhstan in accordance with Articles 4 and 33 of the Convention shall accept in its territory letters of request of the Contracting States, if they are composed in English and accompanied by a certified translation into the Kazakh and (or) Russian languages.

DECLARATIONS:
26-09-2016
1) taking of evidence by diplomatic officers or consular agents of other Contracting States without compulsion in civil or commercial matters stipulated by Article 15 of the Convention shall be possible only subject to the permission of the competent authority of' the Republic of Kazakhstan;

2) taking of evidence without compulsion in civil or commercial matters stipulated in Articles 16 and 17 of the Convention shall be possible without prior permission of the competent authority of the Republic of Kazakhstan;
  
3) diplomatic officer or consular agent or designated person authorized to take evidence may apply to the competent authority of the Republic of Kazakhstan with the request for assistance referred to in Article 18 of the Convention subject to the conformity with the legislation of the Republic of Kazakhstan;
  
4) on the basis of Article 23 of the Convention letters of request issued for the purpose of obtaining pre-trial discovery of documents as known in Common law countries shall not be executed in the territory of the Republic of Kazakhstan;

5) execution of actions and use of other methods of taking evidence in accordance with paragraphs b) and c) of Article 27 of the Convention shall be permitted under the law of the Republic of Kazakhstan.

China Artigos Declarações Notificações Reservas

People's Republic of China:

(Translation)
"1. (...)
2. in accordance with Article 23 of the Convention concerning the Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries, only the request for obtaining discovery of the documents clearly enumerated in the Letters of Request and of direct and close connection with the subject matter of the litigation will be executed;
3. in accordance with Article 33 of the Convention, the provisions of Chapter II of the Convention except for Article 15 will not be applicable." (...)
The accession will have no effect on the notification and the accompanied declarations contained in the Note of the Embassy of the People's Republic of China dated 10 June 1997 concerning the application of the Convention in the Hong Kong Special Administrative Region.

 

Special Administrative Region of Hong Kong (entry into force: 22 August 1978)

As a result of the continuation of the application of the Hague Evidence Convention to the Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong SAR) (see declarations below), this Convention has never ceased to be applicable between Hong Kong and the Contracting States to which it was applicable before Hong Kong was restored to the People’s Republic of China.

A) The Convention is in force between the Hong Kong SAR and the following ratifying Contracting States:
Czech Republic, Denmark, Finland, France, Germany, Greece, Israel, Italy, Luxembourg, Netherlands, Norway, Portugal, Slovakia, Spain, Sweden, Switzerland, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America.

B) The Convention is also in force between the Hong Kong SAR and the following acceding States whose accession was accepted by the United Kingdom and extended to Hong Kong (now Hong Kong SAR):

Entry into force between Hong Kong (now SAR) and Entry into force
Argentina 12-IV-1988
Australia 20-IV-1993
Cyprus 18-X-1983
Estonia 21-II-1997
Latvia 12-IX-1995
Mexico 16-III-1990
Monaco 18-VIII-1986
Poland 21-II-1997
Venezuela 15-VIII-1994
Barbados 21-IX-1981
Singapore 13-V-1979

C) The Evidence Convention is in force between the Hong Kong SAR and the following acceding States whose accession was accepted by the People’s Republic of China on behalf of the Hong Kong SAR:

Entry into force between Hong Kong (now SAR) and Entry into force
Bulgaria 25-VIII-2003
Lithuania 25-VIII-2003
Sri Lanka 25-VIII-2003
Slovenia 25-VIII-2003
Ukraine 25-VIII-2003
Russian Federation 25-VIII-2003
Belarus 25-VIII-2003
Kuwait 25-VIII-2003
Romania 16-X-2005
South Africa 24-XI-1998
Bosnia and Herzegovina 27-III-2009
The former Yugoslav Republic of Macedonia 20-IX-2009
Croatia 27-III-2010
Republic of Korea 16-VII-2010
Albania 14-XII-2010
Serbia 8-I-2011
Malta 31-I-2012
Morocco 31-I-2012
Brazil 26-VIII-2014
Costa Rica 30-X-2016
Armenia 15-I-2017
Colombia 15-I-2017
Hungary 15-I-2017
Iceland 15-I-2017
India 15-I-2017
Liechtenstein 15-I-2017
Montenegro 15-I-2017
Secheylles 15-I-2017
Kazakhstan 17-XI-2017
Andorra 6-I-2018
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997, the Minister for 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 10 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 Taking of Evidence Abroad in Civil or Commercial Matters done at The Hague on 18 March 1970 (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 Taking of Evidence Abroad in Civil or Commercial Matters done at The Hague on 18 March 1970 (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.
(...)
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 to the Kingdom of the Netherlands)".

Declarations (Articles 4, 16, 23 and 33):
1. With reference to the provisions of Article 16 of the Convention, the diplomatic officer or consular agent of the other Contracting State will not be permitted to take the evidence of nationals of the People's Republic of China or of a third State in the Hong Kong Special Administrative Region.
2. It declares, in accordance with Article 23 of the Convention, the Hong Kong Special Administrative Region will not execute the `Letters of Request issued for the purpose of obtaining pre-trial discovery of documents'. The `Letters of Request issued for the purpose of obtaining pre-trial discovery of documents' for the purposes of the foregoing Declaration include any Letter of Request which requires a person:
1) to state what documents relevant to the proceedings to which the Letter of Request relates are, or have been, in his possession, custody or power; or
2) to produce any documents other than particular documents specified in the Letter of Request as being documents appearing to the requested Court to be, or to be likely to be, in his possession, custody or power.
3. (...)
4. In accordance with Articles 4 and 33 of the Convention, the Hong Kong Special Administrative Region will not accept a Letter of Request in the French language. Within the above ambit, responsibility for the international rights and obligations of a Party to the Convention will be assumed by the Government of the People's Republic of China.

Special Administrative Region of Macao (entry into force: 14 December 1999)

The Ambassador of Portugal at The Hague informed the Minister for Foreign Affairs of the Kingdom of the Netherlands by letter of 16 December 1999 of the following:

 

"Upon instructions from my Government and referring to the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters concluded at The Hague on 18 March 1970 (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 Ambassador of the People's Republic of China at The Hague informed the Minister for Foreign Affairs by letter of 16 December 1999 of the following:

(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 signed on 13 April 1987, 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.
In this connection, 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 Taking of Evidence Abroad in Civil or Commercial Matters, concluded at The Hague on 18 March 1970 (hereinafter referred to as the Convention), to which the Government of the People's Republic of China deposited the instrument of accession on 8 December 1997, shall apply to the Macao Special Administrative Region with effect from 20 December 1999.
(...)
The Government of the People's Republic of China shall assume the responsibility for the international rights and obligations arising from the application of the Convention to the Macao Special Administrative Region. (...)".

Declarations (Articles 4, 23 and 33):

1. (...)
2. In accordance with Article 23 of the Convention, it declares that the Macao Special Administrative Region will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents known in common law countries.
3. In accordance with Article 33 of the Convention, it declares that the provisions of Chapter II of the Convention except for Article 15 will not be applicable in the Macao Special Administrative Region; paragraph 2 of Article 4 of the Convention will not be applicable in the Macao Special Administrative Region.

The Embassy of the People's Republic of China at The Hague informed the Minister for Foreign Affairs of the Netherlands by letter of 1 November 2000 of the following amendments with respect to the contents of the above Note of 16 December 1999:

(Translation)
"1. (...)
2. The Government of the People's Republic of China also wishes to make the following supplementary declaration: "In accordance with paragraph 3 of Article 4 of the Convention, it declares that the Macao Special Administrative Region will only accept Letters of Request in either Chinese or Portuguese, or those accompanied by a translation in either Chinese or Portuguese".
(...)".

Chipre Artigos Declarações Reservas

(...)
4. In accordance with Article 18 the Republic of Cyprus declares that a diplomatic officer, consular agent or commissioner authorized to take evidence under Articles 15, 16 or 17 may apply to the competent authority for appropriate assistance to obtain such evidence by compulsion as prescribed by the law for internal proceedings, provided that the requesting Contracting State has made a declaration affording reciprocal facilities under Article 18.
(...)

5. In accordance with Article 23, the Government of the Republic of Cyprus declares that the Republic of Cyprus will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents. The Government of the Republic of Cyprus further declares that the Republic of Cyprus understands "Letters of Request issued for the purpose of obtaining pre-trial discovery of documents" for the purposes of the foregoing declaration as including any Letter of Request which requires a person:
a. to state what documents relevant to the proceedings to which the Letter of Request relates are, or have been, in his possession, custody or power; or
b. to produce any documents other than particular documents specified in the Letter of Request as being documents appearing to the requested court to be, or likely to be, in his possession, custody or power.

The Republic of Cyprus makes the following reservations:

1. In accordance with Article 8 the Republic of Cyprus declares that members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request.
2. In accordance with the provisions of Article 33 the Republic of Cyprus will not accept a Letter of Request in French.

Croácia Artigos Declarações Reservas

Reservation concerning Article 4, paragraph 2, and Articles 16 and 18 of the Convention
In accordance with Article 33, paragraph 1, of the Convention, the Republic of Croatia excludes the application of the provisions of Article 4, paragraph 2 and Articles 16 and 18 of the Convention.

Declaration concerning Article 8 of the Convention
In accordance with Article 8 of the Convention, the Republic of Croatia declares that the judicial personnel of the requesting State may be present at the execution of a Letter of Request, with the prior authorisation of the Ministry of Justice of the Republic of Croatia. 

Declaration concerning Article 15 of the Convention
In accordance with Article 15 of the Convention, the Republic of Croatia declares that a diplomatic officer or consular agent of a Contracting State may in the territory of the Republic of Croatia take evidence without compulsion, in aid of the proceedings commenced before courts of the State he represents, without the prior permission of the Croatian Central Authority, provided that taking evidence is only related to a person who is a national of the State he represents.

Declaration concerning Article 23 of the Convention
In accordance with Article 23 of the Convention, the Republic of Croatia declares that it will not execute Letters of Request issued for the purpose of pre-trial discovery of documents as known in Common Law countries.

Dinamarca Artigos Declarações Reservas

20 June 1972
(Translation)
1) Availing itself of the provisions laid down in Article 33, the Danish Government hereby declares, in accordance with Article 4, that Denmark will not accept Letters of Request which are sent in French.

2) Availing itself of the provisions laid down in Article 33, the Danish Government hereby declares, in accordance with Article 17, that Denmark will not accept the taking of evidence by commissioners.

Article 4: Letters of Request may be sent in Norwegian and Swedish, and Denmark accepts no obligation to return evidence taken in other languages than Danish.

Article 8: Members of the judicial personnel of the requesting authority of another contracting State may be present at the execution of a Letter of Request if they have obtained prior authorization from the competent Danish authority.

Article 15: A diplomatic officer or consular agent may take evidence if he has been authorized to do so by the Ministry of Justice.

Article 16: The Ministry of Justice gives its permission that evidence may be taken.

Article 23: Letters of Requests issued for the purpose of obtaining pre-trial discovery of documents may not be executed in Denmark.

Article 27a: As has been the case hitherto, Letters of Request may be transmitted directly to the competent Danish court by the consular agents of foreign States.

23 July 1980
The declaration made by the Kingdom of Denmark in accordance with Article 23 concerning "Letters of Request issued for the purpose of obtaining pre-trial discovery of documents" shall apply to any Letter of Request which requires a person

a. to state what documents relevant to the proceedings to which the Letter of Request relates are, or have been, in his possession, other than particular documents specified in the Letter of Request; or

b. to produce any documents other than particular documents which are specified in the Letter of Request, and which are likely to be in his possession.

El Salvador Artigos Declarações Reservas

Declarations and reservations:

19-01-2023
1) El Salvador excludes in its totality the application of the provisions of the second paragraph of article 4, and declares: “that, in accordance to the fourth paragraph of the same article, Letters of Request that are sent to its Central Authority or to its judicial authorities will have to be redacted in Spanish or be presented accompanied of a translation to said language”.

2) El Salvador excludes in its totality the application of the provisions contained in articles 15 to 22, contained in Chapter II. “Taking of Evidence by Diplomatic Officers, Consular Agents and Commissioners”. 

Eslováquia Artigos Declarações

Ratification with similar declarations as made on the occasion of the signature.

Declarations made by the former Czechoslovakia:

(Translation)
The Socialist Republic of Czechoslovakia declares, with reference to Article 16 of the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, concluded at The Hague on 18 March 1970, that evidence may be taken in accordance with Chapter II without its prior permission provided the principle of reciprocity is applied.

The Socialist Republic of Czechoslovakia also declares, in connection with Article 18 of the said Convention, that a diplomatic officer, consular agent or commissioner authorized to take evidence under Articles 15, 16 and 17, may request the competent Czechoslovak court or the Czechoslovak State notary to carry out procedural action and that such a diplomatic officer, consular agent or commissioner will transmit the dossier to that court or notary through the intermediary of the Minister of Justice of the Czech Socialist Republic in Prague or the Minister of Justice of the Slovak Socialist Republic in Bratislava, provided the principle of reciprocity is applied.

The Socialist Republic of Czechoslovakia wishes to state, in connection with Article 40 of the Convention according to all States the right to declare that the Convention shall be applicable to all territories for the international relations of which it is responsible, that keeping certain countries in a state of dependence is in its opinion contrary to the spirit and objectives of the United Nations Declaration of 14 December 1960 on the granting of independence to colonial countries and peoples, which declares the necessity for a speedy and unconditional end to colonialism in all its forms.

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

By a Note dated 14 December 1979 and received at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 18 December 1979, the Czechoslovak Socialist Republic made a statement concerning the declaration made by the Federal Republic of Germany at the time of the deposit of its instrument of ratification of the above-mentioned Convention on 27 April 1979.

The text of this statement is as follows:

"L'Ambassade de la République Socialiste Tchécoslovaque au Royaume des Pays-Bas présente ses compliments au Ministère des Affaires Etrangères du Royaume des Pays-Bas et, concernant la ratification, par la République fédérale d'Allemagne, de la Convention sur l'obtention des preuves à l'étranger en matière civile ou commerciale, conclue le 18 mars 1970, entrée en vigueur pour la République Socialiste Tchécoslovaque le 11 juillet 1976, elle a l'honneur selon les instructions du Ministère fédéral des Affaires Etrangères, de porter à sa connaissance que dans la déclaration du Gouvernement de la République fédérale d'Allemagne, la validité de la Convention est étendue au "Land Berlin"; en plus, cette déclaration contient en vertu des dispositions respectives de cette Convention un énuméré des Autorités centrales des différents Länder; dans cet énuméré, un "Land Berlin" figure comme l'un des Länder fédéraux, comme s'il était partie de la République fédérale d'Allemagne. On sait que Berlin-Ouest n'est pas un "Land Berlin" faisant partie de la République fédérale d'Allemagne. L'Accord Quadrilatéral du 3 septembre 1971 stipule expressément que les secteurs occidentaux de Berlin ne sont pas parties de la République fédérale d'Allemagne et de même ne peuvent pas être administrés par elle. La déclaration en question du Gouvernement de la République fédérale d'Allemagne est pas conséquent en contradiction flagrante avec l'Accord Quadrilatéral et ne peut avoir d'effet juridique. C'est la raison pour laquelle la République Socialiste Tchécoslovaque ne reconnaît point l'extension de la validité de la Convention aux secteurs occidentaux de Berlin et ne l'appliquera point.

L'Ambassade de la République Socialiste Tchécoslovaque a l'honneur de prier le Ministère des Affaires Etrangères du Royaume des Pays-Bas de porter la présente déclaration de la République Socialiste Tchécoslovaque à la connaissance des Gouvernements de ceux des Etats qui sont ou qui seront à l'avenir Parties à la Convention susmentionnée."

The Ministry of Foreign Affairs of the Kingdom of the Netherlands has received a Note from the Embassy of the United States of America dated 12 August 1980 containing a statement made on behalf of the Government of the United States of America, the Government of the Kingdom of Great Britain and Northern Ireland and the Government of France and referring to the statement made by the Czechoslovak Socialist Republic in its Note dated 14 December 1979.

The statement reads as follows:

"In the communication referred to above the Government of Czechoslovakia objects to the use of the term "Land Berlin" in the declaration of the Government of the Federal Republic of Germany made at the time of the deposit of its instruments of ratification of the above Convention on 27 April 1979. The extension of this Convention to the western sectors of Berlin has been approved by the three powers in the exercise of their supreme authority and under established procedures. Use of the term "Land Berlin", deriving as it does from the Constitution adopted by Berlin deputies in 1949 (as modified by the Reservations of the Allied Kommandatura expressed in BK/O (50 75)) does not imply that Berlin is a land of the Federal Republic of Germany. The extension of this Treaty to Berlin consequently continues in full force and effect.

In relation to the comments made by the Government of Czechoslovakia on the Quadripartite Agreement of 3 September 1971, the three Governments reaffirm that States which are not Parties to the Quadripartite Agreement are not competent to comment authoritatively on its provisions. The three Governments do not consider it necessary, nor do they intend to respond to any further communications on this subject from States which are not Party to the Quadripartite Agreement. This should not be taken to imply any change of the position of the three Governments in this matter."

Espanha Artigos Declarações Reservas

"De conformidad con el artículo 33 en relación con el artículo 4, párrafo 2, España no aceptará comisiones rogatorias que no estén redactadas en español o acompañadas de una traducción.

a) (...)
b) Previa autorización del Ministerio de Justicia español, un Juez del Estado requirente podrá intervenir en el cumplimiento de una comisión rogatoria, de conformidad con el artículo 8.
c) De conformidad con los artículos 16 y 17, la prueba podrá ser practicada, sin necesidad de autorización previa de la Autoridad española, en los locales de la Representación diplomática o consular del Estado requirente.
d) A tenor del artículo 23, España no acepta las comisiones rogatorias derivadas del procedimiento "pre-trial discovery of documents" conocido en los países del common law."

(Translation :)
In accordance with Article 33 in relation with Article 4, paragraph 2, Spain will not accept Letters of Request which are not drawn up in Spanish or accompanied by a translation.

(a) (...)
(b ) With prior authorization of the Spanish Ministry of Justice, a Judge of the requesting State may intervene in the execution of a Letter of Request, in accordance with Article 8.
(c ) In accordance with Articles 16 and 17, the evidence may be taken, without prior permission of the Spanish Authority, in the premises of the diplomatic or consular representation of the requesting State.
(d) Pursuant to Article 23 Spain does not accept Letters of Request derived from the "pre-trial discovery of documents" procedure known in common law countries.

Estados Unidos da América Artigos Declarações

(...)
Under paragraph 2 of Article 4 the United States has agreed to accept a Letter of Request in or translated into French. The United States wishes to point out that owing to the necessity of translating such documents into English it will take the Central Authority longer to comply with a Letter of Request in or translated into French than with a similar request received in English.

In accordance with paragraph 3 of Article 4 the United States declares that it will also accept Letters of Request in Spanish for execution in the Commonwealth of Puerto Rico.

In accordance with Article 8 the United States declares that subject to prior authorization members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request. The Department of Justice is the competent authority for the purposes of this Article.

The United States declares that evidence may be taken in the United States under Articles 16 and 17 without its prior permission.

In accordance with Article 18 the United States declares that a diplomatic or consular officer or a commissioner authorized to take evidence under Articles 15, 16 or 17 may apply for appropriate assistance to obtain the evidence by compulsion. The competent authority for the purposes of Article 18 is the United States district court of the district in which a person resides or is found.

Such court may order him to give his testimony or statement or to produce a document or thing for use in a proceeding in a foreign tribunal. The order may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court."

Estónia Artigos Declarações

1) On the basis of Article 8, the judges of the pursuing State have the right to participate in the process operation subject to the preceding consent of the Ministry of Justice of the Republic of Estonia;
2) on the basis of Article 11, a person may refuse to participate in the taking of evidence or process operation, in case he has the right or commitment to it in accordance with the laws of his home State;
3) on the basis of Article 23, the Republic of Estonia fulfills a requisition where the producing of the documents or its copy is requested if it corresponds to the following requirements:
a) process has been launched;
b) documents have been reasonably identified according to the dates, the contents or other information;
c) circumstances have been indicated giving ground to presume that the documents are in the property, possession of the person or known to him."

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.

Federação Russa Artigos Declarações

Declaration:
19-07-2016
Unofficial translation

Statement on the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters
"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 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, 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".

Finlândia Artigos Declarações Reservas

Reservations:
"In conformity with Article 33, Finland enters a reservation to paragraph 2 of Article 4 to the effect that Letters of Request in the English or French languages will not be accepted."

By Note dated 11 December 1980 and received on 12 December 1980, the Government of Finland communicated the withdrawal in part of the reservation to Article 4, paragraph 2, made at the time of ratification. The Government of Finland hereafter accepts the Letters of Request done in or translated into the English language. In accordance with Article 35, sub c, the Finnish Government made the following declaration:

"By accepting Letters of Request in English, the Republic of Finland does not undertake to execute the request, or transmit the evidence thus obtained in the English language; nor to have translated the documents which establish the execution of the Letter of Request."

Declarations:
(...)
2. Swedish is the second official language of Finland. Finland will therefore in accordance with paragraph 1 of Article 4 accept Letters of Request in the Swedish language. The answer shall be given in the Swedish language if in connection with the Letter of Request this has been specifically requested.

3. A member of the judicial personnel of the requesting authority may in accordance with Article 8 be present at the execution of a Letter of Request, provided that the Finnish Ministry of Justice has given its consent.

4. The evidence referred to in Articles 16 and 17 of the Convention may be taken without the prior permission of the Finnish authorities.

5. Finland is not going to execute Letters of Request referred to in Article 23 issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries.

The Government of Finland modified the declaration concerning Article 23 of the Convention made at the time of ratification. The modified declaration is worded as follows:

"The declaration made by the Republic of Finland in accordance with Article 23 concerning "Letters of Request issued for the purpose of obtaining pre-trial discovery of documents" shall apply only to Letters of Request which require a person:
a) to state what documents relevant to the proceedings to which the Letter of Request relates are, or have been, in his possession, custody or power; or
b) to produce any documents other than particular documents specified in the Letter of Request, which are likely to be in his possession, custody or power."

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.

França Artigos Declarações Reservas

(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)

Geórgia Artigos Declarações Reservas

Reservations:

  1. In accordance with Article 2 of the Convention the Ministry of Justice shall be designated as the Central Authority in Georgia.

  2. In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall exclude the application of the provisions of Paragraph 2 of Article 4 of the Convention.

  3. Georgia shall not undertake the obligation to translate documents for the execution of a Letter of Request.

  4. Pursuant to Article 8 of the Convention, members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request, in accordance with the legislation of Georgia.

  5. Fees paid to the experts and interpreters and the costs incurred as result of use of the special procedure under Paragraph 2 of Article 9 of the Convention shall be borne by the State of origin of request.

  6. In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall not apply the provisions of Articles 16, 17 and 18 of Chapter II of the Convention.
    Georgia declares that Articles 19 and 21 shall not be applicable either, since they refer to Articles 16, 17 and 18, to which the reservation was made.

  7. Georgia requests that any State of origin, making a request pursuant to Paragraph 1 of Article 26, shall reimburse the fees and costs to which this Paragraph refers.

Declarations: 

In accordance with Sub-paragraphs (a) and (b) of Article 2 of the Law of Georgia on the Occupied Territories, the occupied territories of Georgia are:

(a) the territories of the Autonomous Republic of Abkhazia;

(b) the Tskhinvali region (the territories of the former Autonomous Region of South Ossetia).

By Resolution No 1633 of 2008, the Parliamentary Assembly of the Council of Europe confirmed the sovereignty and the territorial integrity of Georgia within its internationally recognized borders. In accordance with this Resolution, the Assembly condemns the recognition by the Russian Federation of the independence of the Tskhinvali Region/South Ossetia, Georgia and Abkhazia, Georgia as a violation of international law and the statutory principles of the Council of Europe. The Parliamentary Assembly of the Council of Europe reaffirms the territorial integrity and sovereignty of Georgia and calls upon the Russian Federation to withdraw its recognition of the independence of the Tskhinvali Region/South Ossetia, Georgia and Abkhazia, Georgia and to respect fully the sovereignty and territorial integrity of Georgia, as well as the inviolability of its frontiers.

Furthermore, the United Nations (General Assembly Resolution 11785) General Assembly also recognized the right of return of the internally displaced persons, regardless of their ethnicity, to the occupied territories of Georgia.

In this regard, Georgia states that the obligations under the present Convention shall be applied and implemented with respect to the Georgian regions of Abkhazia and the Tskhinvali Region/South Ossetia when the circumstances permit and Georgia restores effective control over those territories.

Documents or requests made or issued by the illegal authorities of the Russian Federation, or officials of these illegal authorities, deployed (operating) in the occupied territories of Georgia, or by the illegitimate authorities of the Autonomous Republic of Abkhazia, Georgia and of the Tskhinvali Region/South Ossetia, Georgia, which are currently under the effective control of the Russian Federation, 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 Convention on the possibility of direct communication or relation shall not apply to the illegal organs of Abkhazia (Georgia) and the Tskhinvali Region/South Ossetia (Georgia), remaining under the effective control of the Russian Federation. The relevant communication procedures shall be determined by the Central Authority of Georgia in Tbilisi.

Grécia Artigos Declarações Reservas

1. (...)
2. Without prejudice to article 33 Greece declares that, in terms of the provision of article 4, para. 2 of the Convention, letters of request must be submitted in Greek or accompanied by a translation into Greek.
3. In terms of articles 8 and 35, para. 2c of the Convention, judicial personnel of the requesting authority of another Contracting State may be present at the execution of a request for judicial assistance, provided such attendance has been authorized in advance by the Central Authority of Greece.
4. In terms of article 18, Greece declares that it shall provide the necessary assistance for the execution of evidentiary proceedings as referred to in articles 15, 16 and 17 provided such execution shall be carried out in accordance with the Greek law.
5. Greece declares that, in terms of the provision of article 23 of the Convention, it shall not execute judicial assistance requests for pretrial discovery of documents.

Hungria Artigos Declarações Reservas

Declarations:

22-12-2022
The Hungarian authorities will not execute Letters of Request presented in a procedure known as pre-trial discovery of documents unless the Letter of Request clearly identifies the document that must be made available by its holder and this document is directly connected to the objective of the procedure.

13-07-2004
To Article 2
In the Republic of Hungary the Ministry of Justice is designated as the Central Authority in accordance with Article 2 of the Convention.

To Article 8
Members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request executed by the requested court, subject to prior permission by the Hungarian Central Authority.

To Article 15
In accordance with Article 15 of the Convention the diplomatic officer or consular agent of a Contracting State may in the territory of the Republic of Hungary take the evidence in aid of proceedings commenced in the courts of a state which he represents without prior permission of the Hungarian authorities provided that the person affected is exclusively national of the sending state of the diplomatic officer or consular agent. Taking of evidence shall not involve applying or holding out of the prospect of compulsion or disadvantageous legal consequences.

To Article 17
In the Republic of Hungary the Central Authority is entitled to give the permission set out in Paragraph 2 of Article 17 of the Convention.

To Article 23
The Hungarian authorities will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents."

(Reservations)
"To Paragraph 2 of Article 4
The Republic of Hungary excludes the application of Paragraph 2 of Article 4 of the Convention.

To Article 16
The Republic of Hungary excludes the application of Article 16 of the Convention.

To Article 18
The Hungarian authorities do not give assistance to the taking of evidence of the diplomatic offer or consular agent in accordance with Article 15 of the Convention or the commissioner in accordance with Article 17 of the Convention by applying measures of compulsion."

Índia Artigos Declarações

All requests under the Convention shall be in the English language, or accompanied with an English translation.
Subject to prior authorization of the Central Authority and the concerned court, members of the judicial personnel of the requesting Contracting Party may be present at the execution of a letter of request.
Evidence by diplomatic officers or consular agents of Indian nationals or nationals of a third State under Article 16 of the Convention can be taken with the prior permission of the Central Authority.
In accordance with Article 18, a diplomatic or consular officer or a commissioner authorized under Article 15, 16 and 17 may apply for appropriate assistance to obtain the evidence by compulsion to the District Court within whose territory the evidence is to be taken.
The Republic of India will not execute Letters of Request issued in pursuance of Article 23 of the Convention for the purpose of obtaining pre-trial discovery of documents, which requires a person to produce any documents other than particular documents specified in the Letter of Request, which are likely to be in his possession, custody or power.

Islândia Artigos Declarações Reservas

In accordance with Article 33, paragraph 1, of the Convention, Iceland excludes the application of paragraph 2 of Article 4 of the Convention to the effect that Letters of Request in the French language or translations into that language will not be accepted.
Iceland declares, in accordance with Article 8 of the Convention, that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request if prior permission has been granted by the Ministry of Justice and Ecclesiastical Affairs.
In accordance with Article 15, paragraph 2, of the Convention, Iceland declares that evidence may be taken by a diplomatic officer or consular agent only if permission to that effect has been given by the Ministry of Justice and Ecclesiastical Affairs upon application made by him or on his behalf.
In accordance with Article 23, Iceland declares that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries.

Israel Artigos Declarações

In accordance with Article 8, Israel declares that the members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request without prior authorization.

The Central Authority designated by the State of Israel pursuant to Article 2 of the Convention is the Director of the Courts, 19 Jaffa Road, Jerusalem. The Director of the Court is also the Authority designated pursuant to Articles 16 and 17 to give the permissions specified in those Articles.

Itália Artigos Declarações

(Translation)
The Italian Government declares, in accordance with Article 8, that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request, subject to prior authorization by the competent authority designated by the Italian State.

The Italian Government declares, in accordance with Article 18, that a diplomatic officer, consular agent or commissioner who is taking evidence under Article 15, 16 or 17, may apply to the authority designated by the Italian State,  for appropriate assistance to obtain the evidence by compulsion.

The Italian Government declares, in accordance with Article 23, that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries.

In accordance with Article 35 the Italian Government designates the Ministry of Foreign Affairs pursuant to Article 2 as the Central Authority which will undertake to receive Letters of Request coming from a judicial authority of another Contracting State and to transmit them to the authority competent to execute them.

Letónia Artigos Declarações

Declarations:

In accordance with paragraph 4 of Article 4 of the Convention the Republic of Latvia declares that, besides the languages referred to in Article 4, it accepts letters of request also in Russian.

In accordance with Article 8 of the Convention the Republic of Latvia declares that members of the judicial personnel of the requesting authority of another contracting State may be present at the execution of a letter of request. Prior authorization by the Ministry of Justice of the Republic of Latvia as the competent authority is required.

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

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.

Liechtenstein Artigos Declarações

Declaration concerning Article 4 of the Convention:
Pursuant to Articles 33 and 35 of the Convention, the Principality of Liechtenstein declares that, with reference to Article 4 (2) and (3) of the Convention, Letters of Request and their annexes must be in German or accompanied by a translation into German. The confirmation of the execution of the request will be in German.
Declaration concerning Article 8 of the Convention:
Pursuant to Article 35 (2) of the Convention, the Principality of Liechtenstein declares that members of the judicial personnel of the requesting authorities who are part of the proceedings of a Contracting State may be present at the execution of a Letter of Request, if they have received prior authorization by the authorities that are competent for the execution.
Declaration concerning Article 11 of the Convention:
Pursuant to Article 11 of the Convention, the Principality of Liechtenstein recognizes the privileges and duties of the person concerned to refuse to give evidence in so far as the person has these privileges and duties under the law of his State of origin.
Declaration concerning Articles 15, 16 and 17 of the Convention:
Pursuant to Article 35 of the Convention, the Principality of Liechtenstein declares that the taking of evidence as referred to in Articles 15, 16 and 17 of the Convention is subject to prior permission by the Government of the Principality of Liechtenstein.
Declaration concerning Article 18 of the Convention:
The Principality of Liechtenstein does not grant any assistance by measures of compulsion to diplomatic officers or consular agents acting under Articles 15, 16 and 17 of the Convention.
Declaration concerning Article 23 of the Convention:
Pursuant to Article 23 of the Convention, the Principality of Liechtenstein declares that Letters of Request issued for the purpose of obtaining pre-trial discovery of documents will not be executed.

Lituânia Artigos Declarações Reservas

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.

02-08-2000
"(...)
And whereas it is provided in paragraph 4 of Article 4 of the Convention, the Republic of Lithuania declares that it will accept a Letter of Request submitted only in the Lithuanian, English, French or Russian languages, or, where a Letter of Request is made in none of those languages, a Letter of Request and supporting documents shall be accompanied by a translation into Lithuanian, English, French or Russian languages;

And whereas it is provided in Article 8 of the Convention, the Republic of Lithuania declares that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request only under the prior permission of the Ministry of Justice of the Republic of Lithuania;

And whereas it is provided in Article 16 of the Convention, the Republic of Lithuania declares that a diplomatic officer or consular agent of a Contracting State may take evidence, without compulsion, of citizens of the Republic of Lithuania under the Law on Citizenship of the Republic of Lithuania, only under the prior permission of the Ministry of Justice of the Republic of Lithuania. The permission to take evidence issued by the Ministry of Justice of the Republic of Lithuania shall indicate that:

(a) evidence shall be taken by a diplomatic officer or consular agent only within the premises of the embassy or consular institution of the State which he/she represents;
(b) the Ministry of Justice of the Republic of Lithuania shall be informed about the time and place of the taking of evidence;
(c) evidence shall be taken in the Lithuanian or another language understandable to the person giving evidence or taking of evidence and shall be accompanied by a translation into the Lithuanian or another language understandable for such person;
(d) the document concerning the taking of evidence written in the language understandable to the person giving evidence shall be signed by this person. The copy of such document shall be forwarded to the Ministry of Justice of the Republic of Lithuania;

And whereas it is provided in Article 17 of the Convention, the Republic of Lithuania declares that a person duly appointed as a commissioner for this purpose may, without compulsion, take evidence in the territory of the Republic of Lithuania from the person which is a citizen of the Republic of Lithuania under the Law on Citizenship of the Republic of Lithuania, if the Ministry of Justice of the Republic of Lithuania has given its prior written permission. The permission issued by the Ministry of Justice of the Republic of Lithuania shall indicate that:

(a) the Ministry of Justice of the Republic of Lithuania shall be informed about the time and place of the taking of evidence;
(b) the evidence shall be taken in the Lithuanian or another language understandable to the person giving evidence or taking of evidence shall be accompanied by a translation into the Lithuanian or another language understandable for such person;
(c) the document concerning the taking of evidence written in the language understandable to the person giving evidence shall be signed by this person. The copy of such document shall be forwarded to the Ministry of Justice of the Republic of Lithuania;

And whereas it is provided in Article 23 of the Convention, the Republic of Lithuania declares that it will not execute a Letter of Request issued for the purpose of obtaining pre-trial discovery of documents ..."

Luxemburgo Artigos Declarações Reservas

(Translation)
(...)
– In pursuance of Article 4, paragraph 4, Letters of Request in German shall also be accepted.
– In pursuance of Article 23, Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries shall not be executed.
– In accordance with the provisions of Article 16, the Parquet Général is designated as the authority competent to authorize the diplomatic officers or consular agents of a Contracting State to take, without compulsion, the evidence of persons other than the nationals of that State in aid of proceedings commenced in the courts of the State which they represent.

This authorization, which is given in each specific case and to which specific conditions, where appropriate, are attached, is granted under the following general conditions:
1. the evidence shall be taken only within the precincts of an Embassy or Consulate;
2. the Parquet Général shall be given reasonable advance notice of the time, date and place of the taking of evidence so that it can, if it wishes, be represented;
3. a request to a person to appear shall, in accordance with the regulations, be in the form of an official document in French or German or accompanied by a translation into one of these languages stating:
(a) that the evidence is to be taken in accordance with the provisions of the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, concluded at The Hague on 18 March 1970, and in the framework of a judicial procedure followed in a jurisdiction designated by a Contracting State;
(b) that the appearance is voluntary and that no prosecution in the requesting State will result from failure to appear;
(c) that the parties to the action, where appropriate, consent to the taking of the evidence or are opposed to it for reasons to be given;
(d) that the person requested to appear may be legally represented;
(e) that the person requested to appear may invoke a privilege or a duty to refuse to give evidence.

– In accordance with the provisions of Article 17, the Parquet Général is designated as the authority competent to authorize persons designated in accordance with the regulations as commissioners to take evidence, without compulsion, in aid of proceedings commenced in the courts of another Contracting State.

This authorization, which is given in the particular case and to which specific conditions, where appropriate, are attached, is granted under the following general conditions:
1. the Parquet Général shall be given reasonable advance notice of the time, date and place of the taking of evidence so that it can, if it wishes, be represented;
2. a request to a person to appear shall, in accordance with the regulations, be in the form of an official document in French or German or accompanied by a translation into one of these languages stating:
(a) that the evidence is to be taken in accordance with the provisions of the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, concluded at The Hague on 18 March 1970, and in the framework of a judicial procedure followed in a jurisdiction designated by a Contracting State;
(b) that the appearance is voluntary and that no prosecution in the requesting State will result from failure to appear;
(c) that the parties to the action, where appropriate, consent to the taking of the evidence or are opposed to it for reasons to be given;
(d) that the person requested to appear may be legally represented;
(e) that the person requested to appear may invoke a privilege or a duty to refuse to give evidence.

– In pursuance of Article 8, members of the judicial personnel of the requesting authority of a Contracting State may be present at the execution of a Letter of Request.

Macedónia do Norte Artigos Declarações

With regard to Article 4, paragraph 3, of the Convention, the Republic of Macedonia declares that Letters of Request and their annexes which are to be executed under this Convention must be written in the Macedonian language or be accompanied by a translation into the Macedonian language in accordance with the Article 7 of the Constitution of the Republic of Macedonia dated 17 November 1991.

The Government of the Republic of Macedonia declares, in accordance with Article 8, that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request, provided they have obtained prior authorization from courts of first instance of the Republic of Macedonia.

In accordance with Article 23 of the Convention, the Republic of Macedonia declares that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries.

Malta Artigos Reservas

26-01-2024
Reference is made to the following declaration submitted by the Republic of Malta dated [1] August 2012 concerning the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970):

Malta declares that its accession to the Convention will only take effect upon the completion of procedures relating to the said accession within the European Union and, in particular, the adoption of a Council Decision authorising Malta to accede to this Convention. Once this adoption takes place, Malta will notify the depositary of the date when the said Convention will become applicable to Malta.

[…] the Republic of Malta wishes to inform that this declaration is being withdrawn with effect from today.

01-08-2012
Malta declares that its accession to the Convention will only take effect upon the completion of procedures relating to the said accession within the European Union and, in particular, the adoption of a Council Decision authorising Malta to accede to this Convention. Once this adoption takes place, Malta will notify the depositary of the date when the said Convention will become applicable to Malta.

24-02-2011
Pursuant to Article 4, paragraph 2, of the Convention, the Government of Malta declares that it reserves the right to accept Letters of Request drawn up in the English language only.

México Artigos Declarações Reservas

A) TRANSMISION Y EJECUCION DE LOS EXHORTOS 1. (...)
2. Requisitos en Materia de Idiomas (Artículo 4)
2.1 Los Estados Unidos Mexicanos hacen reserva expresa de las disposiciones del párrafo 2 del artículo 4 y declaran, de conformidad con el párrafo 4 del mismo, que los exhortos o cartas rogatorias que se envíen a su Autoridad Central o a sus autoridades judiciales deberán venir redactodos en español o presentarse acompañados con traducción a dicho idioma.

B) OBTENCION DE PRUEBAS EN EL EXTRANJERO DIPLOMATICOS, CONSULARES Y COMISIONES (CAPITULO II)

3. Los Estados Unidos Mexicanos hacen reserva expresa y total de las disposiciones contenidas en los Artículos 17 y 18 de este capítulo en relación con los "Comisionados" y el uso de medidas de apremio por parte de agentes diplomáticos y consulares.

C) PREPARACION DE ACTOS PREJUDICIALES

4. En relación con el artículo 23 de la Convención los Estados Unidos Mexicanos declaran que conforme a su derecho sólo podrán cumplimentar exhortos por los que se solicita la exhibición y transcripción de documentos, cuando se cumplan los siguientes requisitos:
a) Que se haya iniciado el proceso
b) Que los documentos estén identificados razonablemente en cuanto a su fecha, contenido y otra información pertinente; que se especifiquen aquellos hechos o circunstancias que permitan razonablemente creer a la parte solicitante que los documentos pedidos son del conocimiento de la persona de quien se requieran o que se encuentran o se encontraban en posesión o bajo el control o custodia de ella.
c) Deberá identificarse la relación directa entre la prueba o información solicitada y el proceso pendiente.

D) OTROS CANALES DE TRANSMISION A LAS AUTORITADES JUDICIALES DISTINTAS DE LAS PREVISTAS EN EL ARTICULO 2

5. En relación con el artículo 27, inciso a) de la Convención, los Estados Unidos Mexicanos declaran que los exhortos o cartas rogatorias podrán ser transmitidos a sus autoridades judiciales no sólo a través de la Autoridad Central, sino también por via diplomática o consular o por vía judicial (directamente de tribunal a tribunal), siempre y cuando en el último caso se cumplan con los requisitos de legalización de firmas.

6. Con relación al artículo 32 de la Convención, los Estados Unidos Mexicanos informan que es Estado Parte de la Convención Interamericana sobre Recepción de Pruebas en el Extranjero suscrita en Panamá, el 30 de enero de 1975 y de su Protocolo Adicional suscrito en La Paz, Bolivia, el 24 de mayo de 1984."

(Translation)
A) TRANSMISSION AND EXECUTION OF LETTERS OF REQUEST
1. (...)
2. Language requirements (Article 4)
2.1 The United Mexican States does hereby make a special reservation related to the provisions of paragraph 2 of Article 4, and declares in accordance with paragraph 4 of the same Article, that letters of request sent to its Central Authority or judicial authorities shall be written in the Spanish language or shall otherwise be accompanied by a translation into said language.

B) TAKING OF EVIDENCE ABROAD BY DIPLOMATIC OFFICERS, CONSULAR AGENTS AND COMMISSIONS (CHAPTER II)

3. The United Mexican States makes a special and complete reservation concerning the provisions contained in Articles 17 and 18 of this Chapter in relation to the "commissioners" and the use of measures to compulsion by diplomatic officers and consular agents.

C) FORMULATION OF PRE-TRIAL DISCOVERY OF DOCUMENTS

4. With reference to Article 23 of the Convention, the United Mexican States declares that according to Mexican law, it shall only be able to comply with letters of request issued for the purpose of obtaining the production and transcription of documents when the following requirements are met:
(a) that the judicial proceeding has been commenced;
(b) that the documents are reasonably identifiable as to date, subject and other relevant information and that the request specifies those facts and circumstances that lead the requesting party to reasonable believe that the requested documents are known to the person from whom they are requested or that they are in his possession or under his control or custody;
(c) that the direct relationship between the evidence or information sought and the pending proceeding be identified.

D) OTHER TRANSMISSION CHANNEL TO THE JUDICIAL AUTHORITIES DIFFERENT FROM THOSE PROVIDED FOR IN ARTICLE 2

5. In regard to Article 27, paragraph a), of the Convention, the United Mexican States does hereby declare that the letters of request may be transmitted to its judicial authorities not only through the Central Authority but also through diplomatic or consular channels or through judicial channels (directly sent from the foreign court to the Mexican Court), providing that in the latter case all requirements relating to legalization of signatures are fulfilled.

6. In regard to Article 32 of the Convention, the United Mexican States informs that it is a State Party to the Inter-American Convention on the Taking of Evidence Abroad, signed in Panama on January the thirtieth, nineteen hundred and seventy-five, as well as to its Additional Protocol signed in La Paz, Bolivia, on May the twenty-fourth, nineteen hundred and eighty-four.

Mónaco Artigos Declarações Reservas

(Translation)
1. (...)
2. Under Article 4, paragraph 2, only Letters of Request drawn up in French or accompanied by a translation in that language shall be accepted.
3. Under Article 23, Letters of Request issued for the purpose of obtaining pre-trial discovery of documents shall not be executed.
4. In accordance with Articles 16 and 17, the Directorate of Judicial Services is designated as a competent authority for the purpose of authorizing, as appropriate:
– the consular authorities of a Contracting State to take the evidence without compulsion of persons other than nationals of that State and in aid of proceedings commenced in a court of the State which they represent, or
– persons duly designated as commissioners to take evidence without compulsion in aid of proceedings commenced in a court of the Contracting State.<.P>

Such authorization, which shall be granted for each particular case and may contain specific conditions, shall be subject to the following general conditions:
(a) evidence shall be taken solely on the premises of consulates when the latter are situated within the Principality, and in other cases in the Palais de Justice of Monaco;
(b) the Directorate of Judicial Services shall be informed of the date and time of the taking of the evidence in time to permit the Directorate to be represented, and, if necessary, to provide courtroom accommodation at the Palais de Justice of Monaco;
(c) the persons concerned in the taking of evidence shall be duly summoned by an official document drawn up in French or accompanied by a translation in that language; this document shall indicate:
– that the taking of the evidence in question is being conducted in accordance with the provisions of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, and that the procedure constitutes part of legal proceedings pursued under the specially designated jurisdiction of a Contracting State;
– that appearance is voluntary and non-appearance would not entail legal proceedings in the requesting State;
– that the person concerned in the taking of evidence may be represented by a lawyer or defence counsel;
– that the parties in the proceedings, should they be instituted, give their consent, and if not the document shall state the reasons for their opposition;
– that the person concerned in the taking of evidence may apply to be exempted or barred from testifying.

A copy of the summonses shall be sent to the Directorate of Judicial Services, which is also to be kept informed of any difficulties.

Montenegro Artigos Declarações Reservas

In accordance with Article 33 of the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, adopted at [The] Hague, 18 March 1970, the Government of Montenegro declares that this Convention shall not apply to:
a) Article 4, Paragraph 2 of the Convention, that a Letter of Request shall be on Montenegrin language or be accompanied by a translation into Montenegrin language;
b) Article 16 and 18 of the Convention, a diplomatic officer or consular agent accredited in Montenegro may not take the evidence of nationals of Montenegro or of nationals of a third State.

[...] in accordance with Article 23 of the Convention, Montenegro declares that Montenegro will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries.

Nicarágua Artigos Reservas Depositary communications

Reservation:

13-05-2021
Nicaragua expresses a reservation with regard to the application of Article 4, second paragraph. Nicaragua stipulates that any Letter of Request or documentation concerning the application of the Convention must be accompanied by a translation of that letter or documentation into the Spanish language.

Notice from the Depositary:

13-05-2020
Nicaragua deposited its instrument of accession to the above-mentioned Convention on 27 February 2019, as notified in Depositary Notification Taking of Evidence No. 01/2019.
On 20 April 2020 the Depositary received a reservation from Nicaragua in respect of Article 4 (2) of the Convention. Article 33 of the Convention stipulates, however, that a State may exclude, in whole or in part, the application of the provisions of Article 4 (2) of the Convention only at the time of signature, ratification or accession.
The Depositary proposes to receive the reservation in question for deposit in the absence of any objection on the part of one of the Contracting States, either to the deposit itself or to the procedure envisaged, within a period of one year from the date of the present notification. In the absence of any such objection, the said reservation will be received for deposit upon the expiration of the above stipulated one year period, that is on 13 May 2021.

17-05-2021
With reference to depositary notification Taking of Evidence No. 10/2020 of 13 May 2020, regarding a late reservation made by Nicaragua, the depositary communicates the following.
By 13 May 2021, that is on the expiry of the period of one year following the date of the abovementioned depositary notification Taking of Evidence No. 10/2020, no objection from the Contracting States to the Convention had been received.
Consequently, the reservation in question in respect of Article 4 (2) was accepted for deposit upon the above-stipulated one-year period, that is on 13 May 2021.

Late Reservation:
20-04-2020
(Translation)
Nicaragua expresses a reservation with regard to the application of Article 4, second paragraph. Nicaragua stipulates that any Letter of Request or documentation concerning the application of the Convention must be accompanied by a translation of that letter or documentation into the Spanish language.

Noruega Artigos Declarações Reservas

Reservation:
03-08-1972
In conformity with Article 33, Norway enters a reservation to paragraph 2 of Article 4 to the effect that Letters of Request in the French language will not be accepted.

Declarations:

15-08-1980
The declaration made by the Kingdom of Norway in accordance with Article 23 concerning "Letters of Request issued for the purpose of obtaining pre-trial discovery of documents" shall apply only to Letters of Request which require a person
a. to state what documents relevant to the proceedings to which the Letter of Request relates, are, or have been, in his possession, other than particular documents specified in the Letter of Request; or
b. to produce any documents other than particular documents which are specified in the Letter of Request, and which are likely to be in his possession.

03-08-1972
I. The Royal Ministry of Justice and Police is designated as the Central Authority with reference to Article 2 and as the Competent Authority with reference to Articles 15, 16 and 17.
II. With reference to Article 4, paragraph 3, the Kingdom of Norway declares that letters in the Danish or Swedish languages can be sent to the Central Authority.
III. By accepting Letters of Request in another language than the Norwegian, the Kingdom of Norway does not undertake to execute the request, or transmit the evidence thus obtained in this other language; nor to have translated the document which establish to execution of the letter of request.
IV. By virtue of Article 15, evidence can be taken by diplomatic officers or consular agents only if, upon application, prior permission to that effect has been granted.
V. By virtue of Article 23, the Kingdom of Norway declares that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries.

 

Países Baixos Artigos Declarações Reservas

(Translation)
In the Netherlands the Convention shall be applied as follows:
(...)
Article 4
Letters of Request will be accepted in Dutch, German, English or French, or if they are accompanied by a translation into one of these languages.
The Netherlands does not undertake to translate documents for the execution of a Letter of Request.

Article 8
Members of the judicial personnel of another Contracting State may be present at the execution of a Letter of Request provided that the court which is responsible for execution authorizes this and provided that any conditions which the court may impose are respected.

Article 11
Only the court which is responsible for executing the Letter of Request shall be competent to decide whether any person concerned by the execution has a privilege or duty to refuse to give evidence under the law of a State other than the State of origin; no such privilege or duty exists under Dutch law.

Article 14
Fees paid to experts and interpreters and costs occasioned by the use of a special procedure requested by the State of origin under Article 9, paragraph 2, of the Convention shall be borne by the State of origin.

Article 16
In the Netherlands, no prior permission is required for the taking of evidence as provided for in Article 16.

Article 17
The permission referred to in Article 17 must be requested from the President of the District Court in the area in which evidence is to be taken. If evidence is to be taken from witnesses or experts, the area in question will be that in which the witnesses or experts, or the majority of them, reside. If the President gives permission, he may impose any conditions which he considers necessary to ensure that the evidence is taken in a proper manner. He may decide that the evidence should be taken at the court, under the supervision of a judge designated by him. Permission will only be granted if the following conditions are met:
(a) the witness or expert concerned must have been duly summoned; the summons must be in Dutch or must be accompanied by a Dutch translation and must contain:
– the facts of the case and a summary of the proceedings in connection with which the evidence is to be taken, and details of the court which has requested the evidence;
– a statement to the effect that there is no obligation for the witness or expert to appear, and that if he refuses to appear, to take an oath, to give his word of honour or to give evidence, he will not incur any penalty or measure of any kind, either in the Netherlands or in the State where the proceedings have been instituted;
– a statement to the effect that the person concerned may be legally represented;
– a statement to the effect that in so far as the person concerned has a privilege or duty to refuse to give evidence, he may do so;
– a statement to the effect that the commissioner will reimburse expenses incurred by the witness or expert in connection with his appearance to give evidence.

(b) A copy of the summons must be forwarded to the President.
(c) The request for permission must state the reasons why the taking of evidence has been entrusted to a commissioner and it must state the commissioner's official status unless he is a lawyer competent to practice in the Netherlands.
(d) The costs of taking the evidence, i.e. the expenses of the witnesses, experts or interpreters, must be reimbursed in full.

Article 23
The Netherlands will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries.

For the purposes of Article 23 of the Convention, "Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries", which the Netherlands will not execute, are defined by the Government of the Kingdom of the Netherlands as being any Letters of Request which require a person:
(a) to state which of the documents which are of relevance to the proceedings to which the Letter of Request relates have been in his possession, custody or power; or
(b) to produce any document other than particular documents specified in the Letter of Request as being documents which the court which is conducting the proceedings believes to be in his possession, custody or power.

Article 26
The Netherlands will request that any State of origin which has made a request pursuant to paragraph 1 of Article 26 should reimburse the fees and costs to which this paragraph refers.

Paraguai Artigos Declarações Reservas

Declarations and reservations:

23-06-2023
1. Pursuant to Article 33, the Republic of Paraguay makes the following express and total reservation in respect of Article 4, second paragraph, and declares that it will not accept Letters of Request that are not drafted in Spanish or that are not accompanied by an official translation into Spanish.
2. In accordance with Article 33, the Republic of Paraguay makes an express and total reservation with respect to the provisions contained in Chapter II.
3. With respect to Article 8, the Republic of Paraguay declares that, upon authorization by a competent authority, members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request.
4. With regard to Article 23, the Republic of Paraguay declares that it will not execute Letters of Request issued for the purpose of obtaining "pre-trial discovery of documents" as known in common law States.

Polónia Artigos Reservas

Declarations:

13-02-1996
Article 8 - The Authority designated to issue a prior authorization shall be the Ministry of Justice.

Article 23 – the Republic of Poland declares that it will not execute Letters of Request issued for the purpose of obtaining "pre-trial discovery of documents" as known in common law countries.

Article 33 – the Republic of Poland excludes the application on its territory of:
a) the provisions of Article 4, paragraph 2,
b) the provisions of Chapter II, excluding the provisions of Article 15.

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 Artigos Declarações Reservas

Declarations:
(Translation)
(a) In accordance with Article 33 of the Convention, the Portuguese State makes the following reservations:

1. exclusion of the application of paragraph 2 of Article 4;
2. exclusion of the application of Chapter II, with the exception of Article 15.

(b) In accordance with Articles 15 and 23 of the Convention, the Portuguese State makes the following declarations:

1. The Portuguese State declares that the evidence as referred to in Article 15, can only be taken if permission to that effect is given by the appropriate authority designated by it upon application made by the diplomatic or consular agent;
2. the Portuguese State declares that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries.

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 Taking of Evidence Abroad in Civil or Commercial Matters, done at The Hague, on 18 March 1970, 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. 

Reino Unido da Grã-Bretanha e Irlanda do Norte Artigos Declarações Notificações Reservas

Under the following reservation:

"... in accordance with the provisions of Article 33 the United Kingdom will not accept a Letter of Request in French.",

(...)

and the following declarations:

"1. In accordance with Article 8 Her Majesty's Government declare that members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request.
2. In accordance with Article 18 Her Majesty's Government declare that a diplomatic officer, consular agent or commissioner authorized to take evidence under Articles 15, 16 and 17 may apply to the competent authority designated hereinbefore for appropriate assistance to obtain such evidence by compulsion provided that the Contracting State whose diplomatic officer, consular agent or commissioner makes the application has made a declaration affording reciprocal facilities under Article 18.
3. In accordance with Article 23 Her Majesty's Government declare that the United Kingdom will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents. Her Majesty's Government further declare that Her Majesty's Government understand "Letters of Request issued for the purpose of obtaining pre-trial discovery of documents" for the purposes of the foregoing Declaration as including any Letter of Request which requires a person:
a. to state what documents relevant to the proceedings to which the Letter of Request relates are, or have been, in his possession, custody or power; or
b. to produce any documents other than particular documents specified in the Letter of Request as being documents appearing to the requested court to be, or to be likely to be, in his possession, custody or power.
4. In accordance with Article 27 Her Majesty's Government declare that by the law and practice of the United Kingdom of the prior permission referred to in Articles 16 and 17 is not required in respect of diplomatic officers, consular agents or commissioners of a Contracting State which does not require permission to be obtained for the purposes of taking evidence under Articles 16 or 17."

N.B. By a Note dated 9 February 1995 and received on 21 February 1995, the Embassy of the United Kingdom of Great Britain and Northern Ireland informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands that, unless otherwise stated, in future the acceptance by the United Kingdom of the accession of any State to the Convention shall also be acceptance in respect of all the territories for the international relations of which the United Kingdom is responsible and to which the application of the Convention has been extended.

República Checa Artigos Declarações

01-01-1993
The Czech Republic maintains the declarations made by Czechoslovakia.

Declarations made by the former Czechoslovakia:

06-02-1975
(Translation)
The Socialist Republic of Czechoslovakia declares, with reference to Article 16 of the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, concluded at The Hague on 18 March 1970, that evidence may be taken in accordance with Chapter II without its prior permission provided the principle of reciprocity is applied.

The Socialist Republic of Czechoslovakia also declares, in connection with Article 18 of the said Convention, that a diplomatic officer, consular agent or commissioner authorized to take evidence under Articles 15, 16 and 17, may request the competent Czechoslovak court or the Czechoslovak State notary to carry out procedural action and that such a diplomatic officer, consular agent or commissioner will transmit the dossier to that court or notary through the intermediary of the Minister of Justice of the Czech Socialist Republic in Prague or the Minister of Justice of the Slovak Socialist Republic in Bratislava, provided the principle of reciprocity is applied.

The Socialist Republic of Czechoslovakia wishes to state, in connection with Article 40 of the Convention according to all States the right to declare that the Convention shall be applicable to all territories for the international relations of which it is responsible, that keeping certain countries in a state of dependence is in its opinion contrary to the spirit and objectives of the United Nations Declaration of 14 December 1960 on the granting of independence to colonial countries and peoples, which declares the necessity for a speedy and unconditional end to colonialism in all its forms.

12-05-1976
Ratification with similar declarations as made on the occasion of the signature.

By a Note dated 14 December 1979 and received at the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 18 December 1979, the Czechoslovak Socialist Republic made a statement concerning the declaration made by the Federal Republic of Germany at the time of the deposit of its instrument of ratification of the above-mentioned Convention on 27 April 1979.

The text of this statement is as follows:

"L'Ambassade de la République Socialiste Tchécoslovaque au Royaume des Pays-Bas présente ses compliments au Ministère des Affaires Etrangères du Royaume des Pays-Bas et, concernant la ratification, par la République fédérale d'Allemagne, de la Convention sur l'obtention des preuves à l'étranger en matière civile ou commerciale, conclue le 18 mars 1970, entrée en vigueur pour la République Socialiste Tchécoslovaque le 11 juillet 1976, elle a l'honneur selon les instructions du Ministère fédéral des Affaires Etrangères, de porter à sa connaissance que dans la déclaration du Gouvernement de la République fédérale d'Allemagne, la validité de la Convention est étendue au "Land Berlin"; en plus, cette déclaration contient en vertu des dispositions respectives de cette Convention un énuméré des Autorités centrales des différents Länder; dans cet énuméré, un "Land Berlin" figure comme l'un des Länder fédéraux, comme s'il était partie de la République fédérale d'Allemagne. On sait que Berlin-Ouest n'est pas un "Land Berlin" faisant partie de la République fédérale d'Allemagne. L'Accord Quadrilatéral du 3 septembre 1971 stipule expressément que les secteurs occidentaux de Berlin ne sont pas parties de la République fédérale d'Allemagne et de même ne peuvent pas être administrés par elle. La déclaration en question du Gouvernement de la République fédérale d'Allemagne est pas conséquent en contradiction flagrante avec l'Accord Quadrilatéral et ne peut avoir d'effet juridique. C'est la raison pour laquelle la République Socialiste Tchécoslovaque ne reconnaît point l'extension de la validité de la Convention aux secteurs occidentaux de Berlin et ne l'appliquera point.

L'Ambassade de la République Socialiste Tchécoslovaque a l'honneur de prier le Ministère des Affaires Etrangères du Royaume des Pays-Bas de porter la présente déclaration de la République Socialiste Tchécoslovaque à la connaissance des Gouvernements de ceux des Etats qui sont ou qui seront à l'avenir Parties à la Convention susmentionnée."

The Ministry of Foreign Affairs of the Kingdom of the Netherlands has received a Note from the Embassy of the United States of America dated 12 August 1980 containing a statement made on behalf of the Government of the United States of America, the Government of the Kingdom of Great Britain and Northern Ireland and the Government of France and referring to the statement made by the Czechoslovak Socialist Republic in its Note dated 14 December 1979.

The statement reads as follows:

"In the communication referred to above the Government of Czechoslovakia objects to the use of the term "Land Berlin" in the declaration of the Government of the Federal Republic of Germany made at the time of the deposit of its instruments of ratification of the above Convention on 27 April 1979. The extension of this Convention to the western sectors of Berlin has been approved by the three powers in the exercise of their supreme authority and under established procedures. Use of the term "Land Berlin", deriving as it does from the Constitution adopted by Berlin deputies in 1949 (as modified by the Reservations of the Allied Kommandatura expressed in BK/O (50 75)) does not imply that Berlin is a land of the Federal Republic of Germany. The extension of this Treaty to Berlin consequently continues in full force and ffect.

In relation to the comments made by the Government of Czechoslovakia on the Quadripartite Agreement of 3 September 1971, the three Governments reaffirm that States which are not Parties to the Quadripartite Agreement are not competent to comment authoritatively on its provisions. The three Governments do not consider it necessary, nor do they intend to respond to any further communications on this subject from States which are not Party to the Quadripartite Agreement. This should not be taken to imply any change of the position of the three Governments in this matter."

República da Coreia Artigos Declarações Reservas

Reservations

1. In accordance with paragraph 2 of Article 4 and Article 33, the Republic of Korea will accept only Letters of Request in Korean or English.
The Government of the Republic of Korea wishes to point out that the execution of Letters of Request which are not accompanied by a translation into Korean will take longer than that of Letters of Request with a Korean translation. The Republic of Korea will accept only Letters of Request in Korean from Contracting States which do not accept Letters of Request in either language referred to in the previous paragraph.

2. In accordance with Article 33, the Republic of Korea excludes the application within its territory of the provisions of Articles 16 and 17 of Chapter II of the Convention.

Declarations

1. In accordance with Article 8, the Government of the Republic of Korea declares that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request with prior authorization by the competent authority of the Republic of Korea.

2. In accordance with Article 23, the Government of the Republic of Korea declares that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents. The Government of the Republic of Korea further declares that it understands "Letters of Request issued for the purpose of obtaining pre-trial discovery of documents" for the purposes of the foregoing Declaration as including any Letter of Request which requires a person:

a. to state what documents relevant to the proceedings to which the Letter of Request relates are, or have been, in his or her possession, custody or power; or
b. to produce any documents other than particular documents specified in the Letter of Request as being documents appearing to the requested court to be, or to be likely to be, in his or her possession, custody or power.

Roménia Artigos Declarações Reservas

"A. Declarations
1. (...)
2. In accordance with Article 8 of the Convention, the members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request, after prior information of the competent central authority.
3. In accordance with Article 23 of the Convention, Romania declares that it will execute Letters of Request issued for the purpose of obtaining pre-trial dioscovery of documents as known in Common Law countries, to the extent that this expression refers to providing evidence (inquest in futurum).

B. Reservation
In accordance with Article 33, paragraph 1, of the Convention, Romania will not apply the provisions of Articles 16, 17 and 18 of Chapter II of the Convention. Romania declares that Articles 19 and 21 will not be applicable, in as far as that they refer to Articles 16, 17 and 18, to which the reservation was made."

Seicheles Artigos Declarações

"(...) that it wishes to declare, in accordance with article 35 clause c) and pursuant to article 23, first paragraph of the Convention, that the Republic of Seychelles will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries."

Sérvia Artigos Declarações

a) Republic of Serbia is against application of Article 4 paragraph 2 of the Convention.
b) In accordance with Article 8 of the Convention, Court Employees of the requesting State can be present in execution of the Request in Republic of Serbia after obtained permission from Ministry competent for the Administration of Justice.
c) In accordance with Article 35 of the Convention, Republic of Serbia declares that gathering of evidences in accordance with Articles 16 and 17 of the Convention can be performed only after permission obtained from Ministry competent for Administration of Justice.
d) In accordance with Article 18 of the Convention, diplomatic or consular Representatives or authorised Representatives in Republic of Serbia authorised for to gather evidences in accordance with Articles 15, 16 and 17 of the Convention, can ask for help in gathering of evidences under force. Competent Organ for application of Article 18 of the Convention is the First Instance Court in the Republic of Serbia in whose area person has permanent or temporary residence.

Singapura Artigos Declarações Reservas

"(i) the whole of Chapter II of the Convention shall not apply to the Republic of Singapore and
(ii) with regard to paragraph 2 of Article 4, the Republic of Singapore will not accept any Letter of Request in any language other than the English language, as that is the language used by the Judiciary in Singapore.

In accordance with Article 23 the Government of the Republic of Singapore declares that the Republic of Singapore will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents. The Government of the Republic of Singapore further declares that it understands "Letters of Request issued for the purpose of obtaining pre-trial discovery of documents" for the purpose of the foregoing Declaration as including any Letter of Request which requires a person:
(a) to state what documents relevant to the proceedings to which the Letter of Request relates are, or have been, in his possession, custody or power; or
(b) to produce any documents other than particular documents specified in the Letter of Request as being documents appearing to the requested court to be, or to be likely to be, in his possession, custody or power.

It is the understanding of the Republic of Singapore that the reference to civil or commercial matters in the Convention does not include revenue or taxation matters."

Sri Lanka Artigos Declarações Reservas

"(i) (...)
(ii) For purposes of Article 4 of the Convention, the letter of request should be in the English language or if in French, accompanied by an English translation.
(iii) For purposes of Article 8 of the Convention, the prior authorisation of the Competent Authority designated under Article 2 would be required.
(iv) The Government of Sri Lanka further declares in terms of Article 23 of the Convention, that it will not execute Letters of Request issued for the purpose of obtaining pre-trail discovery of documents.
(v) The Government of Sri Lanka, in terms of Article 33, excludes in whole, the application of the provisions of Chapter II of the Convention."

Suécia Artigos Declarações

(Translation)
– That, in pursuance of Article 4, para. 4, Letters of Request in the Danish and Norwegian languages will be accepted;
– That, in pursuance of Article 8, members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request without prior authorization;
– That, in pursuance of Article 15, para. 2, a diplomatic officer or consular agent may only take evidence if permission to do so has been granted by the competent Swedish authority;
– That, in pursuance of Article 23, Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries will not be executed;
– That documents provided by Sweden which establish that a Letter of Request has been executed will be in the Swedish language only.

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

The Swedish Government understands "Letters of Request issued for the purpose of pre-trial discovery of documents" for the purposes of the foregoing Declaration as including any Letter of Request which requires a person:
a. to state what documents relevant to the proceedings to which the Letter of Request relates are, or have been, in his possession, custody or power; or
b. to produce any documents other than particular documents specified in the Letter of Request, which are likely to be in his possession, custody or power.

Suíça Artigos Declarações Reservas

(Translation)
"Re Article 1
1. With regard to Article 1, Switzerland takes the view that the Convention applies exclusively to the Contracting States. Moreover, regarding the conclusions of the Special Commission which met in The Hague in April 1989, Switzerland believes that, whatever the opinion of the Contracting States on the exclusive application of the Convention, priority should in any event be given to the procedures provided for in the Convention regarding requests for the taking of evidence abroad.

Re Articles 2 and 24
2. In accordance with Article 35, first paragraph, Switzerland designates the cantonal authorities listed in the annex (see Authorities) as Central Authorities as referred to in Articles 2 and 24 of the Convention. Requests for the taking of evidence or the execution of any other judicial act may also be addressed to the Federal Justice and Police Department in Bern, which will forward them to the appropriate Central Authority.

Re Article 4, second and third paragraphs
3. In accordance with Articles 33 and 35, Switzerland declares, with regard to Article 4, second and third paragraphs, that Letters of Request and any accompanying documents must be in the language of the authority requested to execute them, i.e. in German, French or Italian, or accompanied by a translation into one of these languages, depending on the part of Switzerland in which the documents are to be executed. The documents confirming execution will be drawn up in the official language of the requested authority.

Re Article 8
4. In accordance with Article 35, second paragraph, Switzerland declares, with regard to Article 8, that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request provided they have obtained prior authorization from the executing authority.

Re Articles 15, 16 and 17
5. In accordance with Article 35, Switzerland declares that evidence may be taken according to Articles 15, 16 and 17 subject to prior authorization by the Federal Justice and Police Department. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken.

Re Article 23
6. In accordance with Article 23, Switzerland declares that Letters of Request issued for the purpose of obtaining pre-trial discovery of documents will not be executed if:
a) the request has no direct and necessary link with the proceedings in question; or
b) a person is required to indicate what documents relating to the case are or were in his/her possession or keeping or at his/her disposal; or
c) a person is required to produce documents other than those mentioned in the request for legal assistance, which are probably in his/her possession or keeping or at his/her disposal; or
d) interests worthy of protection of the concerned persons are endangered."

Türkiye Artigos Declarações Reservas

In accordance with Article 33 of the Convention, the Republic of Turkey reserves its right not to implement the provisions of Article 4, paragraph 2, on its territory. Letters of Request which are to be executed under Chapter I of the Conventon, shall be in Turkish or be accompanied by a Turkish translation in compliance with Article 4, paragraphs 1 and 5.

In accordance with Article 35 of the Convention, the Republic of Turkey declares that:
- the Ministry of Justice has been designated as the competent authority empowered to grant permission envisaged in Articles 16 and 17 and,
- it will not execute letters of request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries, as provided for in Article 23.

Ucrânia Artigos Declarações Reservas

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.

01-02-2001
In accordance with Article 4 of the Convention, letters of request to be executed under Chapter I of the Convention must be in the Ukrainian language or be accompanied by a translation into the Ukrainian language;

In accordance with Article 8 of the Convention, members of the judicial personnel of the requesting authority of another Contracting Party may be present at the execution of a letter of request, if the possibility of such presence is confirmed by the consent of the Ministry of Justice of Ukraine;

In accordance with Article 23 of the Convention, Ukraine will not execute letters of request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries.

In accordance with Article 33 of the Convention, Ukraine makes the following reservations:
Ukraine excludes, in whole, the application of the provisions of paragraph 2 of Article 4 of the Convention;
Ukraine excludes the application within its territory of the provisions of Chapter II of the Convention, except for Articles 15, 20, 21 and 22.

Venezuela (República Bolivariana da) Artigos Declarações Reservas

1. Respecto del Párrafo 2 del Artículo 4:
"La República de Venezuela aceptará las Comisiones Rogatorias y los documentos y otros recaudos anexos a las mismas, sólo cuando se encuentren debidamente traducidas al idioma castellano".

2. Respecto del Capítulo II:
"La República de Venezuela no permitirá la intervención en la obtención de pruebas de los comisarios, previstos en el Capítulo II de este Convenio".

3. Respecto del Artículo 23:
"La República de Venezuela declara, que sólo ejecutará las Comisiones Rogatorias que tengan por objeto el procedimiento conocido en los países del common law con el nombre de pretrial discovery of documents, cuando se cumplan las siguientes condiciones:
a) que se haya iniciado el proceso;
b) que los documentos cuya exhibición o transcripción se solicita se encuentren identificados razonablemente en cuanto a su fecha, contenido u otra información pertinente;
c) que se especifiquen aquellos hechos o circunstancias que permitan razonablemente creer a la parte solicitante que los documentos pedidos son del conocimiento de la persona de quien se requieran o que se encuentren o se encontraban en posesión o bajo el control o custodia de ella;
d) que se indique con toda claridad la relación entre la prueba o la información solicitada y el proceso pendiente".

(Translation)
1. With regard to Article 4, paragraph 2:
"The Republic of Venezuela will accept Letters of Request and documents and other items annexed thereto only when these are properly translated into the Spanish language".

2. With regard to Chapter II:
"The Republic of Venezuela will not allow commissioners as provided for in Chapter II of this Convention to act in obtaining evidence".

3. With regard to Article 23:
"The Republic of Venezuela declares that it will only execute Letters of Request dealing with the procedure known in common law countries as pre-trial discovery of documents when the following conditions apply:
(a) that proceedings have been instituted;
(b) that the documents requested to be exhibited or transcribed shall be reasonably identified as regards their date, contents or other relevant information;
(c) that any facts or circumstances giving the plaintiff reasonable cause to believe that the documents asked for are known to the person requested to produce them so that they are or were in the possession or under the control or in the custody of that person, shall be specified;
(d) that the connection between the evidence or information sought and the pending litigation be made quite clear".

Vietname Artigos Declarações

Declarations:

04-03-2020
1. In accordance with Article 2 of the Convention, the Ministry of Justice is designated to be the Central Authority.

2. In accordance with Article 33 of the Convention, the Socialist Republic of Viet Nam excludes, in whole, the application of the provisions of paragraph 2 of Article 4, as well as those of Chapter II of the Convention.

3. In accordance with paragraph 1 of Article 4 of the Convention, the Socialist Republic of Viet Nam declares that a Letter of Request shall be in Vietnamese or be accompanied by a translation into Vietnamese.

4. In accordance with Article 23 of the Convention, the Socialist Republic of Viet Nam declares that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries, unless all of the following conditions are met:

  •  The judicial proceeding before competent court has been commenced;
  •  The documents to be collected are specified in the Letters of Request as to date, subject and relevant information and facts to prove the direct relationship between information sought and the pending proceeding; and
  • The documents are related to the requested person or under the person's possession or control.