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Convention on the taking of evidence abroad in civil or commercial matters

Parties with reservations, declarations and objections

Party Reservations / Declarations Objections
Albania Yes No
Andorra Yes No
Argentina Yes Yes
Armenia Yes No
Australia Yes No
Belarus Yes No
Brazil Yes No
Bulgaria Yes No
China Yes No
Croatia Yes No
Cyprus Yes Yes
Czech Republic Yes No
Czechoslovakia (<01-01-1993) Yes No
Denmark Yes No
Estonia Yes No
Finland Yes No
France Yes No
Germany Yes Yes
Greece Yes No
Hungary Yes No
Iceland Yes No
India Yes No
Israel Yes No
Italy Yes No
Kazakhstan Yes No
Latvia Yes No
Liechtenstein Yes No
Lithuania Yes No
Luxembourg Yes No
Malta Yes No
Mexico Yes No
Monaco Yes No
Montenegro Yes No
Netherlands, the Kingdom of the Yes No
North Macedonia Yes No
Norway Yes No
Poland Yes No
Portugal Yes No
Republic of Korea, the Yes No
Romania Yes No
Russian Federation Yes No
Serbia Yes No
Seychelles Yes No
Singapore Yes No
Slovakia Yes No
South Africa Yes No
Spain Yes No
Sri Lanka Yes No
Sweden Yes No
Switzerland Yes No
Turkey Yes No
Ukraine Yes No
United Kingdom Yes No
United States of America Yes No
Venezuela Yes No
Vietnam Yes No

Albania

16-07-2010

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

Andorra

26-04-2017

Reservation:
Pursuant to Article 4, paragraph 2, it will only accept Letters of Request drawn up in the Catalan, Spanish or French languages or accompanied by a translation into one of these languages.
Declarations:
1. The Principality of Andorra designates the Ministry of Justice as the Central Authority provided for in Article 2 and the authority competent to authorize the members of the judicial personnel of the requesting authority to be present at the execution of a Letter of Request in accordance with Article 8:
Postal address:
Ministry of Social Affairs, Justice and Interior
Edifici administratiu de l’Obac
Ctra. de l'Obac
AD700 Escaldes-Engordany
Principality of Andorra
Tel. : +376 872 080
Fax : +376 864 950
Email: interior _gov@andorra .ad
2. Pursuant to Article 15, paragraph 2, evidence may be taken by diplomatic officers or consular agents only with the prior permission of the Central Authority.
3. Pursuant to Articles 16 and 17, the Central Authority is designated as the competent authority to permit, where applicable:
- the diplomatic officers or consular agents of a Contracting State, to take evidence, without compulsion, involving persons other than nationals of that State in aid of proceedings commenced in the courts of the State which they represent;
- the persons duly appointed as commissioners, to take evidence, without compulsion, in aid of proceedings commenced in the courts of a Contracting State.
This permission, which will be on a case-by-case basis, is subject, if necessary, to special conditions and must be subject to the following general conditions:
a) the taking of evidence must take place exclusively on the premises of the diplomatic or consular representations if they are located in the Andorran territory or at the place decided by the Central Authority in the other cases;
b) the date and time of the taking of evidence must be notified in good time to the Central Authority to enable it to be represented;
c) a request to persons to appear or to give evidence shall be drawn up in the Catalan language or accompanied by a translation into such language. This request shall mention that the investigation is carried out in accordance with the provisions of the Hague Convention of 18 March 1970 on the Taking
of Evidence Abroad in Civil or Commercial Matters and shall fall within the scope of a judicial proceeding before a designated court of the requesting State. The request shall also contain the
references provided for in Article 21 of the Convention. A copy of the request shall be sent to the Central Authority, who will also be informed of any difficulties.
4. With regard to Article 8, the presence of the members of the judicial personnel of the requesting authority shall be possible only after obtaining the authorization of the Central Authority.
5. Pursuant to Article 23, Letters of Request issued for the procedure known as obtaining pre-trial discovery of documents will not be executed.

Argentina

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.

Armenia

27-06-2012

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

Australia

23-10-1992

Pursuant to Article 33, it 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 authorisation 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 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.

Belarus

07-08-2001

Reservation:
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 authorization 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.

Brazil

09-04-2014

[...], 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.

Bulgaria

23-11-1999

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 which executes a Letter of Request is competent to recognize 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.

China

16-06-1997

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 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 depository, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special, Administrative Region with effect from 1 July 1997.
The Government of the People' s Republic of China also makes the following declarations:
1. 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 purpose 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.
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.


08-12-1997

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;
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 accompagnied declarations contained in the Embassy Note No. He Wai Fa (97)-53 dated on 10 June, 1997 concerning the application of the Convention in the Hong Kong Special Administrative Region of the People's Republic of China.
In accordance with the provisions of Article 4 and Article 33 of the Convention, Hong Kong will not accept a Letter of Request in French.


16-12-1999

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 also wishes to make the following declaration:
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.
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 Macao Special Administrative Region.
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.


01-11-2000

[...] 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.


17-08-2005

In accordance with the relevant provisions of the Basic Law of the Special Administrative Region of Hong Kong of the People's Republic of China and the Basic Law of the Special Administrative Region of Macao of the People's Republic of China, the [...] acceptance [of Romania] applies to both the Special Administrative Region of Hong Kong and the Special Administrative Region of Macao.

Croatia

01-10-2009

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.

Cyprus

15-05-1984

The Republic of Cyprus makes the following declarations:
In accordance with Article 18 the Republic of Cyprus declares that a diplomatic officer, consular agent or commissioner authorised 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.
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.

Objection Portugal, 26-07-1984

1. With regard to declarations made by the Republic of Cyprus:
a. The designation of the Ministry of Justice as competent authority within the meaning of article 2 of the Convention has already been published in the Official Journal of the Portuguese Republic of 5 June 1984, based on the Cypriot declaration of 3 May 1984.
b. The designation of the same Ministry of Justice as competent authority within the meaning of articles 16 and 17 of the Convention, and the designation of the Supreme Court as competent authority within the meaning of article 18 of the Convention do not concern Portugal, given that these three articles have been excluded under the reservations entered by Portugal. They do not therefore give rise to publication of a 'notice' in the Official Journal of the Portuguese Republic.
2. With regard to the declaration on Article 23, including reservations 1 and 2:
a. In the view of the Portuguese authorities, since this declaration on the part of Cyprus was not provided for by the Convention, it will not be necessary for Portugal to declare its acceptance or otherwise. No 'notice' will therefore be published in the Official Journal.
b. The position of the Republic of Cyprus as set out in reservation 1 will be the subject of a 'notice' to be published in the Official Journal.
c. In the case of reservation 2, the Portuguese authorities take the view (as does the depositary state) that this reservation could not have been formulated on that occasion in view of the provisions of article 33 of the Convention. It should not therefore be accepted.

Czech Republic

01-01-1993

The Czech Republic maintains the declarations made by Czechoslovakia.

Czechoslovakia (<01-01-1993)

06-02-1975

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.

Denmark

20-06-1972

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 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.


23-07-1980

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.

Estonia

02-02-1996

1) On the basis of Article 8 the judges of the pursuing state have the right to participate in the process operation 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 document 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.

Finland

07-04-1976

1. 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.
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.


12-12-1980

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.
Furthermore the Government of Finland modified the declaration concerning Article 23 of the above-mentioned 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.

France

07-08-1974

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.


19-01-1987

The declaration made by the French Republic in accordance with Article 23 relating to Letters of Request issued for the purpose of obtaining pretrial 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.

Germany

27-04-1979

A. The Government of the Federal Republic of Germany makes the following declarations in accordance with paragraph I 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. 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.
2. 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.
3. 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.
4. 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.

Objection Czechoslovakia (<01-01-1993), 18-12-1979

[...] in connection with the ratification by the Federal Republic of Germany of the Convention of the Taking of Evidence Abroad in Civil or Commercial Matters concluded on 18 march 1970, which entered into force for the Czechoslovak Socialist Republic on 11 July 1976, has the honour, in accordance with the instructions of the Federal Ministry of Foreign Affairs, to bring to the Ministry's attention that in the declaration of the Government of the Federal Republic of Germany the validity of the Convention is extended to the "Land Berlin"; furthermore, in pursuance of the relevant provisions of the Convention, the said declaration contains a list of the central authorities of the different "Länder", and in the list a "Land Berlin" is listed as one of the federal "Länder" as though it constituted part of the Federal Republic of Germany. Clearly, however, West Berlin is not a "Land Berlin" constituting part of the Federal Republic of Germany. The Quadripartite Agreement of 3 September 1971 expressly stipulates that the Western sectors of Berlin do not form part of the Federal Republic of Germany and so cannot be administered by it. The declaration by the Government of the Federal Republic of Germany is thus a flagrant contradiction of the Quadripartite Agreement and can have no legal force. For this reason the Czechoslovak Socialist Republic does not in any way recognise the extension of the validity of the Convention to the Western sectors of Berlin and will in no way apply it.

Objection France, 15-08-1980

Re. the statement made by the Czechoslovak Socialist Republic in its note dated 14 December 1979.
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.
In the communication referred to above the Government of Czechovlovakia 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 instrument 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/0 (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.

Objection United Kingdom, 15-08-1980

Re. the statement made by the Czechoslovak Socialist Republic in its note dated 14 December 1979.
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.
In the communication referred to above the Government of Czechovlovakia 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 instrument 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/0 (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.

Objection United States of America, 15-08-1980

Re. the statement made by the Czechoslovak Socialist Republic in its note dated 14 December 1979.
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.
In the communication referred to above the Government of Czechovlovakia 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 instrument 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/0 (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.


15-10-1980

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 (Taking of Evidence No. 1/1980).
2. By Note of August 12, 1980, disseminated by a Notification of the Ministry of September 19, 1980 (Taking of Evidence No. 7/1980), 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 Government 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 (Taking of Evidence No. 1/1980 and No. 7/1980).


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.

Greece

18-01-2005

1. 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.
2. 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.
3. 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.
4. 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.

Hungary

13-07-2004

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.
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.

Iceland

10-11-2008

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.

India

07-02-2007

*All requests under the Convention shall be in 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.
*Evidence by a Commissioner under Article 17 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.

Israel

11-02-1981

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.

Italy

22-06-1982

(1) The Italian Government declares, in accordance with Article 8, that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request, subject to prior authorization by the competent authority designated by the Italian State.
(2) The Italian Government declares, in accordance with Article 18, that a diplomatic officer, consular agent or commissioner who is taking evidence under Article 15, 16 or 17, may apply to the authority designated by the Italian State, for appropriate assistance to obtain the evidence by compulsion.
(3) The Italian Government declares, in accordance with Article 23, that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries.

Kazakhstan

26-09-2016

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

Declarations:
1) taking of evidence by diplomatic officers or consular agents of other Contracting States without compulsion in civil or commercial matters stipulated by Article 15 of the Convention shall be possible only subject to the permission of the competent authority of the Republic of Kazakhstan;
2) taking of evidence without compulsion in civil or commercial matters stipulated in Articles 16 and 17 of the Convention shall be possible without prior permission of the competent authority of the Republic of Kazakhstan;
3) diplomatic officer or consular agent or designated person authorized to take evidence may apply to the competent authority of the Republic of Kazakhstan with the request for assistance referred to in Article 18 of the Convention subject to the conformity with the legislation of the Republic of Kazakhstan;
4) on the basis of Article 23 of the Convention letters of request issued for the purpose of obtaining pre-trial discovery of documents as known in Common law countries shall not be executed in the territory of the Republic of Kazakhstan;
5) execution of actions and use of other methods of taking evidence in accordance with paragraphs b) and c) of Article 27 of the Convention shall be permitted under the law of the Republic of Kazakhstan.

Latvia

05-05-2009

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.


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

12-11-2008

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.

Lithuania

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 the pre-trial discovery of documents.


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.

Luxembourg

26-07-1977

- 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 authorisation, 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 authorisation, 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.

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.


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.

Mexico

27-07-1989

Language requirements (Article 4)
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.
Taking of evidence abroad by diplomatic officers, consular agents and commissions (Chapter II)
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.
Formulation of pre-trial discovery of documents
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.
Other transmission channel to the judicial authorities different from those provided for in Article 2
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.
In regard to Article 32 of the Convention, the United Mexican States informs that it is a State Party to the Interamerican Convention on the Taking of Evidence Abroad, signed in Panama on January the thirtieth, nineteen hundred and seventy-five, as well as to its Additional Protocol signed in La Paz, Bolivia, on May the twenty-fourth, nineteen hundred and eighty-four.

Monaco

17-01-1986

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

16-01-2012

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.

Netherlands, the Kingdom of the

08-04-1981

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.


28-05-1986

In accordance with Article 4, paragraphs 3 and 4, at Aruba no Letters of Request in French will be accepted, unless accompanied by a translation into Dutch, English or Spanish.
Moreover, at Aruba the Convention will be applied under the same declarations introduced at the ratification of the Convention by the Kingdom of the Netherlands for the Kingdom in Europe on 8 April 1981.

North Macedonia

19-03-2009

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.

Norway

03-08-1972

I. 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.
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 documents which establish the 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.


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.

Poland

13-02-1996

Articles 23 and 33 will not be applicable within the territory of the Republic of Poland.
Reservations
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:
- the provisions of Article 4, paragraph 2,
- the provisions of Chapter II, excluding provisions of Article 15.

Portugal

12-03-1975

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.


15-10-1999

a) In conformity with the provisions of Article 4 of the Convention, only Letters of Request in Portugese, Chinese and English shall be accepted in Macau;
b) With the exception of Article 15, Chapter II of the Convention shall not be applicable in the territory of Macau;
c) In conformity with the provisions of Article 15 of the Convention, the Republic of Portugal declares that evidence referred to in that same article may not be taken in Macau if permission to that effect has not been given by an appropriate authority, to be designated by the appropriate bodies of the territory, upon application made by a diplomatic officer or consular agent;
d) In conformity with the provisions of Article 23 of the Convention, the Republic of Portugal declares that the 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 Macau.


16-12-1999

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 Macau, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macau until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macau, 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 Macau.


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.

Republic of Korea, the

14-12-2009

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.

Romania

21-08-2003

A. Declarations
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.
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 discovery 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 Article 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.

Russian Federation

19-07-2016

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.

Serbia

02-07-2010

Republic of Serbia declares:
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.

Seychelles

12-05-2004

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

Singapore

27-10-1978

(i) The whole of Chapter II of the Convention shall not apply to the Republic of Singapore and
(ii) With regard to paragraph 2 of Article 4, the Republic of Singapore will not accept any Letter of Request in any language other than the English language, as that is the language used by the Judiciary in Singapore.
In accordance with Article 23 the Government of the Republic of Singapore declares that the Republic of Singapore will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents.
The Government of the Republic of Singapore further declares that it understands "Letters of Request issued for the purpose of obtaining pre-trial discovery of documents" for the purpose of the foregoing Declaration as including any Letter of Request which requires a person:
(a) to state what documents relevant to the proceedings to which the Letter of Request relates are, or have been, in his possession, custody or power; or
(b) to produce any documents other than particular documents specified in the Letter of Request as being documents appearing to the requested court to be, or to be likely to be, in his possession, custody or power.
It is the understanding of the Republic of Singapore that the reference to civil or commercial matters in the Convention does not include revenue or taxation matters.

Slovakia

01-01-1993

Slovakia maintains the declarations made by Czechoslovakia.

South Africa

08-07-1997

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.
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 and 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) Evidence 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.

Spain

22-05-1987

a) 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.
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.

Sri Lanka

31-08-2000

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

Sweden

02-05-1975

- 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.


11-07-1980

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.

Switzerland

02-11-1994

Re article 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 committee 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 article 4, second and third paragraphs
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 (cf. annex).
Re article 8
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 authorisation from the executing authority.
Re articles 15, 16 and 17
In accordance with article 35, Switzerland declares that evidence may be taken according to articles 15, 16 and 17 subject to prior authorisation by the Federal Justice and Police Department. A request for authorisation must be addressed to the Central Authority in the canton where the evidence is to be taken.
Re article 23
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.


25-09-2020

Cantonal Central Authorities (modification) (list up to date as per 23 July 2020)
A list of the Central Cantonal Authorities including their address, email address and phone/fax numbers can be consulted online at the following address: https://www.rhf.admin.ch/rhf/fr/home/zivilrecht/behoerden/zentralbehoerden.html

Turkey

13-12-2000

In accordance with Article 33 of the Convention, the Republic of Turkey excludes the application on its territory:
- The provisions of the Article 4, paragraph 2.
- The provisions of the Chapter II.
In terms of Article 35 of the Convention, the Republic of Turkey 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, as provided for in Article 23.


03-05-2002

In accordance with Article 33 of the Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, 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 the Chapter I of the Convention, 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:
It will not execute letters of request issued for the purpose of obtaining pre-trial discovery documents as known in Common Law countries, as provided for in Article 23.


13-08-2004

In accordance with Article 33 of the Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, 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 the Chapter I of the Convention, 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:
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.

Ukraine

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 3 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.


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.

United Kingdom

16-07-1976

[...] in accordance with the provisions of Article 33 the United Kingdom will not accept a Letter of Request in French.
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 authorised 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.


23-06-1978

Hong Kong
In accordance with the provisions of Article 4 and Article 33 of the Convention, Hong Kong will not accept a Letter of Request in French.


21-11-1978

Gibraltar
[...] in accordance with the provisions of Article 4 and Article 33 of the Convention, Gibraltar will not accept a Letter of Request in French.
Declarations
1. In accordance with Article 8, members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request in Gibraltar.
2. In accordance with Article 18, a diplomatic officer, consular agent or commissioner authorised to take evidence under Articles 15, 16 and 17 of the Convention may apply to the competent authority in Gibraltar 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, Gibraltar will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents. The Government of Gibraltar 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.
4. In accordance with Article 27, by the law and practice of Gibraltar the prior permission referred to in Articles 16 and 17 of the Convention 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.


25-06-1979

Sovereign Base Areas of Akrotiri and Dhekelia on the Island of Cyprus
[...] in accordance with the provisions of Article 4 and Article 33 of the Convention, the Sovereign Base Areas will not accept a Letter of Request in French.
Declarations
1. In accordance with Article 8, members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request in the Sovereign Base Areas.
2. In accordance with Article 18, a diplomatic officer, consular agent or commissioner authorised to take evidence under Article 15, 16 and 17 of the Convention may apply to the competent authority in the Sovereign Base Areas 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, the Sovereign Base Areas will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents.
The administration of the Sovereign Base Areas 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.
4. In accordance with Article 27, by the law and practice of the Sovereign Base Areas the prior permission referred to in Article 16 and 17 of the Convention 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 Article 16 or 17.


26-11-1979

Falkland Islands
[...] in accordance with the provisions of Article 4 and Article 33 of the Convention, the Falkland Islands and Dependencies will not accept a Letter of Request in French.
Declarations
1. In accordance with Article 8, members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request in the Falkland Islands and Dependencies.
2. In accordance with Article 18, a diplomatic officer, consular agent or commissioner authorised to take evidence under Article 15, 16 and 17 of the Convention may apply to the competent authority in the Falkland Islands and Dependencies 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, the Falkland Islands and Dependencies will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents. The Governor of the Falkland Islands and its dependencies 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.
4. In accordance with Article 27, by the law and practice of the Falkland Islands and Dependencies the prior permission referred to in Articles 16 and 17 of the Convention 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.


16-04-1980

Isle of Man
[...] in accordance with the provisions of Article 4 and Article 33 of the Convention, the Isle of Man will not accept a Letter of Request in French.
Declarations
1. In accordance with Article 8, members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request in the Isle of Man.
2. In accordance with Article 18, a diplomatic officer, consular agent or commissioner authorised to take evidence under Article 15, 16 and 17 of the Convention may apply to the competent authority in the Isle of Man 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, the Isle of Man will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents. The Government of the Isle of Man 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.
4. In accordance with Article 27, by the law and practice of the Isle of Man the prior permission referred to in Articles 16 and 17 of the Convention 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.


16-09-1980

Cayman Islands
[...] in accordance with the provisions of Article 4 and Article 33 of the Convention, the Cayman Islands will not accept a Letter of Request in French.
Declarations
1) In accordance with Article 8, members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request in the Cayman Islands.
2) In accordance with Article 18, a diplomatic officer, consular agent or commissioner authorised to take evidence under Articles 15, 16 and 17 of the Convention may apply to the competent authority in the Cayman Islands 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, the Cayman Islands will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents. The Government of the Cayman Islands 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 Letters 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.
4) In accordance with Article 27, by the law and practice of the Cayman Islands the prior permission referred to in Article 16 and 17 of the Convention 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.


19-11-1985

Guernsey
Under Article 23 of the Convention, Guernsey will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents.


03-07-1986

Anguilla
[...] in accordance with the provisions of Articles 4 and 33 of the Convention, that Anguilla will not accept a Letter of Request in French.
In accordance with Article 8, members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request in Anguilla.
In accordance with Article 18, a diplomatic officer, consular agent or commissioner authorised to take evidence under Articles 15, 16 and 17 of the Convention may apply to the competent authority in Anguilla designated above 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.
In accordance with Article 23, Anguilla will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents. Anguilla 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:
i. 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
ii. 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.
In accordance with Article 27, by the law and practice of Anguilla the prior permission referred to in Articles 16 and 17 of the Convention is not required in 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.


06-01-1987

Jersey
Declarations
1. In accordance with Article 8, members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request in Jersey only with the prior authorisation of the Royal Court.
2. In accordance with Article 18, a diplomatic officer, consular agent or commissioner authorised to take evidence under Articles 15, 16 and 17 of the Convention may apply to the competent authority in Jersey 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, Jersey will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents.
The Government of Jersey 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:
i. 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
ii. 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.


21-02-1995

[...] to confirm 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.


16-06-1997

Hong Kong
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.

United States of America

09-02-1973

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 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.

Venezuela

01-11-1993

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 pretrial 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.

Vietnam

04-03-2020

[...]
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.

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