LEGAL LANGUAGE SERVICES

CONVENTION ON THE TAKING OF EVIDENCE ABROAD IN CIVIL
OR COMMERCIAL MATTERS

(Concluded March 18, 1970)

The States signatory to the present Convention,

Desiring to facilitate the transmission and execution of Letters of Request and to further the
accommodation of the different methods which they use for this purpose,

Desiring to improve mutual judicial co-operation in civil or commercial matters,

Have resolved to conclude a Convention to this effect and have agreed upon the following
provisions:

CHAPTER I - LETTERS OF REQUEST

Article 1

In civil or commercial matters a judicial authority of a Contracting State may, in accordance with
the provisions of the law of that State, request the competent authority of another Contracting
State, by means of a Letter of Request, to obtain evidence, or to perform some other judicial act.

A Letter shall not be used to obtain evidence which is not intended for use in judicial proceedings,
commenced or contemplated.

The expression "other judicial act" does not cover the service of judicial documents or the
issuance of any process by which judgments or orders are executed or enforced, or orders for
provisional or protective measures.

Article 2

A Contracting State shall designate a Central Authority which will undertake to receive Letters of
Request coming from a judicial authority of another Contracting State and to transmit them to the
authority competent to execute them. Each State shall organize the Central Authority in
accordance with its own law.

Letters shall be sent to the Central Authority of the State of execution without being transmitted
through any other authority of that State.

Article 3

A Letter of Request shall specify -

a) the authority requesting its execution and the authority requested to execute it, if known to the
requesting authority;

b) the names and addresses of the parties to the proceedings and their representatives, if any;

c) the nature of the proceedings for which the evidence is required, giving all necessary
information in regard thereto;

d) the evidence to be obtained or other judicial act to be performed.

Where appropriate, the Letter shall specify, inter alia -

e) the names and addresses of the persons to be examined;

f) the questions to be put to the persons to be examined or a statement of the subject-matter
about which they are to be examined;

g) the documents or other property, real or personal, to be inspected;

h) any requirement that the evidence is to be given on oath or affirmation, and any special form to
be used;

i) any special method or procedure to be followed under Article 9.

A Letter may also mention any information necessary for the application of Article 11.

No legalization or other like formality may be required.

Article 4

A Letter of Request shall be in the language of the authority requested to execute it or be
accompanied by a translation into that language.

Nevertheless, a Contracting State shall accept a Letter in either English or French, or a translation
into one of these languages, unless it has made the reservation authorized by Article 33.

A Contracting State which has more than one official language and cannot, for reasons of internal
law, accept Letters in one of these languages for the whole of its territory, shall, by declaration,
specify the language in which the Letter or translation thereof shall be expressed for execution in
the specified parts of its territory. In case of failure to comply with this declaration, without
justifiable excuse, the costs of translation into the required language shall be borne by the State of
origin.

A Contracting State may, by declaration, specify the language or languages other than those
referred to in the preceding paragraphs, in which a Letter may be sent to its Central Authority.

Any translation accompanying a Letter shall be certified as correct, either by a diplomatic officer
or consular agent or by a sworn translator or by any other person so authorized in either State.

Article 5

If the Central Authority considers that the request does not comply with the provisions of the
present Convention, it shall promptly inform the authority of the State of origin which transmitted
the Letter of Request, specifying the objections to the Letter.

Article 6

If the authority to whom a Letter of Request has been transmitted is not competent to execute it,
the Letter shall be sent forthwith to the authority in the same State which is competent to execute it
in accordance with the provisions of its own law.

Article 7

The requesting authority shall, if it so desires, be informed of the time when, and the place where,
the proceedings will take place, in order that the parties concerned, and their representatives, if
any, may be present. This information shall be sent directly to the parties or their representatives
when the authority of the State of origin so requests.

Article 8

A Contracting State may declare 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 competent authority designated by the declaring State may be required.

Article 9

The judicial authority which executes a Letter of Request shall apply its own law as to the
methods and procedures to be followed.

However, it will follow a request of the requesting authority that a special method or procedure be
followed, unless this is incompatible with the internal law of the State of execution or is impossible
of performance by reason of its internal practice and procedure or by reason of practical
difficulties.

A Letter of Request shall be executed expeditiously.

Article 10

In executing a Letter of Request the requested authority shall apply the appropriate measures of
compulsion in the instances and to the same extent as are provided by its internal law for the
execution of orders issued by the authorities of its own country or of requests made by parties in
internal proceedings.

Article 11

In the execution of a Letter of Request the person concerned may refuse to give evidence in so far
as he has a privilege or duty to refuse to give the evidence -

a) under the law of the State of execution; or

b) under the law of the State of origin, and the privilege or duty has been specified in the Letter,
or, at the instance of the requested authority, has been otherwise confirmed to that authority by
the requesting authority.

A Contracting State may declare that, in addition, it will respect privileges and duties existing
under the law of States other than the State of origin and the State of execution, to the extent
specified in that declaration.

Article 12

The execution of a Letter of Request may be refused only to the extent that -

a) in the State of execution the execution of the Letter does not fall within the functions of the
judiciary; or

b) the State addressed considers that its sovereignty or security would be prejudiced thereby.

Execution may not be refused solely on the ground that under its internal law the State of
execution claims exclusive jurisdiction over the subject-matter of the action or that its internal law
would not admit a right of action on it.

Article 13

The documents establishing the execution of the Letter of Request shall be sent by the requested
authority to the requesting authority by the same channel which was used by the latter.

In every instance where the Letter is not executed in whole or in part, the requesting authority shall
be informed immediately through the same channel and advised of the reasons.

Article 14

The execution of the Letter of Request shall not give rise to any reimbursement of taxes or costs
of any nature.

Nevertheless, the State of execution has the right to require the State of origin to reimburse the
fees paid to experts and interpreters and the costs occasioned by the use of a special procedure
requested by the State of origin under Article 9, paragraph 2.

The requested authority whose law obliges the parties themselves to secure evidence, and which
is not able itself to execute the Letter, may, after having obtained the consent of the requesting
authority, appoint a suitable person to do so. When seeking this consent the requested authority
shall indicate the approximate costs which would result from this procedure. If the requesting
authority gives its consent it shall reimburse any costs incurred; without such consent the
requesting authority shall not be liable for the costs.

CHAPTER II - TAKING OF EVIDENCE BY DIPLOMATIC OFFICERS, CONSULAR
AGENTS AND COMMISSIONERS

Article 15

In civil or commercial matters, a diplomatic officer or consular agent of a Contracting State may,
in the territory of another Contracting State and within the area where he exercises his functions,
take the evidence without compulsion of nationals of a State which he represents in aid of
proceedings commenced in the courts of a State which he represents.

A Contracting State may declare that evidence may be taken by a diplomatic officer or consular
agent only if permission to that effect is given upon application made by him or on his behalf to the
appropriate authority designated by the declaring State.

Article 16

A diplomatic officer or consular agent of a Contracting State may, in the territory of another
Contracting State and within the area where he exercises his functions, also take the evidence,
without compulsion, of nationals of the State in which he exercises his functions or of a third State,
in aid of proceedings commenced in the courts of a State which he represents, if -

a) a competent authority designated by the State in which he exercises his functions has given its
permission either generally or in the particular case, and

b) he complies with the conditions which the competent authority has specified in the permission.

A Contracting State may declare that evidence may be taken under this Article without its prior
permission.

Article 17

In civil or commercial matters, a person duly appointed as a commissioner for the purpose may,
without compulsion, take evidence in the territory of a Contracting State in aid of proceedings
commenced in the courts of another Contracting State, if -

a) a competent authority designated by the State where the evidence is to be taken has given its
permission either generally or in the particular case; and

b) he complies with the conditions which the competent authority has specified in the permission.

A Contracting State may declare that evidence may be taken under this Article without its prior
permission.

Article 18

A Contracting State may declare that a diplomatic officer, consular agent or commissioner
authorized to take evidence under Articles 15, 16 or 17, may apply to the competent authority
designated by the declaring State for appropriate assistance to obtain the evidence by compulsion.
The declaration may contain such conditions as the declaring State may see fit to impose.

If the authority grants the application it shall apply any measures of compulsion which are
appropriate and are prescribed by its law for use in internal proceedings.

Article 19

The competent authority, in giving the permission referred to in Articles 15, 16 or 17, or in
granting the application referred to in Article 18, may lay down such conditions as it deems fit,
inter alia, as to the time and place of the taking of the evidence. Similarly it may require that it be
given reasonable advance notice of the time, date and place of the taking of the evidence; in such
a case a representative of the authority shall be entitled to be present at the taking of the evidence.

Article 20

In the taking of evidence under any Article of this Chapter persons concerned may be legally
represented.

Article 21

Where a diplomatic officer, consular agent or commissioner is authorized under Articles 15, 16 or
17 to take evidence -

a) he may take all kinds of evidence which are not incompatible with the law of the State where
the evidence is taken or contrary to any permission granted pursuant to the above Articles, and
shall have power within such limits to administer an oath or take an affirmation;

b) a request to a person to appear or to give evidence shall, unless the recipient is a national of the
State where the action is pending, be drawn up in the language of the place where the evidence is
taken or be accompanied by a translation into such language;

c) the request shall inform the person that he may be legally represented and, in any State that has
not filed a declaration under Article 18, shall also inform him that he is not compelled to appear or
to give evidence;

d) the evidence may be taken in the manner provided by the law applicable to the court in which
the action is pending provided that such manner is not forbidden by the law of the State where the
evidence is taken;

e) a person requested to give evidence may invoke the privileges and duties to refuse to give the
evidence contained in Article 11.

Article 22

The fact that an attempt to take evidence under the procedure laid down in this Chapter has
failed, owing to the refusal of a person to give evidence, shall not prevent an application being
subsequently made to take the evidence in accordance with Chapter I.

CHAPTER III - GENERAL CLAUSES

Article 23

A Contracting State may at the time of signature, ratification or accession, declare 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 24

A Contracting State may designate other authorities in addition to the Central Authority and shall
determine the extent of their competence. However, Letters of Request may in all cases be sent to
the Central Authority.

Federal States shall be free to designate more than one Central Authority.

Article 25

A Contracting State which has more than one legal system may designate the authorities of one of
such systems, which shall have exclusive competence to execute Letters of Request pursuant to
this Convention.

Article 26

A Contracting State, if required to do so because of constitutional limitations, may request the
reimbursement by the State of origin of fees and costs, in connection with the execution of Letters
of Request, for the service of process necessary to compel the appearance of a person to give
evidence, the costs of attendance of such persons, and the cost of any transcript of the evidence.

Where a State has made a request pursuant to the above paragraph, any other Contracting State
may request from that State the reimbursement of similar fees and costs.

Article 27

The provisions of the present Convention shall not prevent a Contracting State from -

a) declaring that Letters of Request may be transmitted to its judicial authorities through channels
other than those provided for in Article 2;

b) permitting, by internal law or practice, any act provided for in this Convention to be performed
upon less restrictive conditions;

c) permitting, by internal law or practice, methods of taking evidence other than those provided
for in this Convention.

Article 28

The present Convention shall not prevent an agreement between any two or more Contracting
States to derogate from -

a) the provisions of Article 2 with respect to methods of transmitting Letters of Request;

b) the provisions of Article 4 with respect to the languages which may be used;

c) the provisions of Article 8 with respect to the presence of judicial personnel at the execution of
Letters;

d) the provisions of Article 11 with respect to the privileges and duties of witnesses to refuse to
give evidence;

e) the provisions of Article 13 with respect to the methods of returning executed Letters to the
requesting authority;

f) the provisions of Article 14 with respect to fees and costs;

g) the provisions of Chapter II.

Article 29

Between Parties to the present Convention who are also Parties to one or both of the
Conventions on Civil Procedure signed at The Hague on the 17th of July 1905 and the 1st of
March 1954, this Convention shall replace Articles 8-16 of the earlier Conventions.

Article 30

The present Convention shall not affect the application of Article 23 of the Convention of 1905,
or of Article 24 of the Convention of 1954.

Article 31

Supplementary Agreements between Parties to the Conventions of 1905 and 1954 shall be
considered as equally applicable to the present Convention unless the Parties have otherwise
agreed.

Article 32

Without prejudice to the provisions of Articles 29 and 31, the present Convention shall not
derogate from conventions containing provisions on the matters covered by this Convention to
which the Contracting States are, or shall become Parties.

Article 33

A State may, at the time of signature, ratification or accession exclude, in whole or in part, the
application of the provisions of paragraph 2 of Article 4 and of Chapter II. No other reservation
shall be permitted.

Each Contracting State may at any time withdraw a reservation it has made; the reservation shall
cease to have effect on the sixtieth day after notification of the withdrawal.

When a State has made a reservation, any other State affected thereby may apply the same rule
against the reserving State.

Article 34

A State may at any time withdraw or modify a declaration.

Article 35

A Contracting State shall, at the time of the deposit of its instrument of ratification or accession, or
at a later date, inform the Ministry of Foreign Affairs of the Netherlands of the designation of
authorities, pursuant to Articles 2, 8, 24 and 25.

A Contracting State shall likewise inform the Ministry, where appropriate, of the following -

a) the designation of the authorities to whom notice must be given, whose permission may be
required, and whose assistance may be invoked in the taking of evidence by diplomatic officers
and consular agents, pursuant to Articles 15, 16 and 18 respectively;

b) the designation of the authorities whose permission may be required in the taking of evidence
by commissioners pursuant to Article 17 and of those who may grant the assistance provided for
in Article 18;

c) declarations pursuant to Articles 4, 8, 11, 15, 16, 17, 18, 23 and 27;

d) any withdrawal or modification of the above designations and declarations;

e) the withdrawal of any reservation.

Article 36

Any difficulties which may arise between Contracting States in connection with the operation of
this Convention shall be settled through diplomatic channels.

Article 37

The present Convention shall be open for signature by the States represented at the Eleventh
Session of the Hague Conference on Private International Law.

It shall be ratified, and the instruments of ratification shall be deposited with the Ministry of
Foreign Affairs of the Netherlands.

Article 38

The present Convention shall enter into force on the sixtieth day after the deposit of the third
instrument of ratification referred to in the second paragraph of Article 37.

The Convention shall enter into force for each signatory State which ratifies subsequently on the
sixtieth day after the deposit of its instrument of ratification.

Article 39

Any State not represented at the Eleventh Session of the Hague Conference on Private International Law which is a Member of this Conference or of the United Nations or of a specialized agency of that Organization, or a Party to the Statute of the International Court of Justice may accede to the present Convention after it has entered into force in accordance with the first paragraph of Article 38.

The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands.

The Convention shall enter into force for a State acceding to it on the sixtieth day after the deposit
of its instrument of accession.

The accession will have effect only as regards the relations between the acceding State and such
Contracting States as will have declared their acceptance of the accession. Such declaration shall
be deposited at the Ministry of Foreign Affairs of the Netherlands; this Ministry shall forward,
through diplomatic channels, a certified copy to each of the Contracting States.

The Convention will enter into force as between the acceding State and the State that has
declared its acceptance of the accession on the sixtieth day after the deposit of the declaration of
acceptance.

Article 40

Any State may, at the time of signature, ratification or accession, declare that the present
Convention shall extend to all the territories for the international relations of which it is responsible,
or to one or more of them. Such a declaration shall take effect on the date of entry into force of
the Convention for the State concerned.

At any time thereafter, such extensions shall be notified to the Ministry of Foreign Affairs of the
Netherlands.

The Convention shall enter into force for the territories mentioned in such an extension on the
sixtieth day after the notification indicated in the preceding paragraph.

Article 41

The present Convention shall remain in force for five years from the date of its entry into force in
accordance with the first paragraph of Article 38, even for States which have ratified it or
acceded to it subsequently.

If there has been no denunciation, it shall be renewed tacitly every five years.

Any denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six
months before the end of the five year period.

It may be limited to certain of the territories to which the Convention applies.

The denunciation shall have effect only as regards the State which has notified it. The Convention
shall remain in force for the other Contracting States.

Article 42

The Ministry of Foreign Affairs of the Netherlands shall give notice to the States referred to in
Article 37, and to the States which have acceded in accordance with Article 39, of the following -

a) the signatures and ratifications referred to in Article 37;

b) the date on which the present Convention enters into force in accordance with the first
paragraph of Article 38;

c) the accessions referred to in Article 39 and the dates on which they take effect;

d) the extensions referred to in Article 40 and the dates on which they take effect;

e) the designations, reservations and declarations referred to in Articles 33 and 35;

f) the denunciations referred to in the third paragraph of Article 41.

In witness whereof the undersigned, being duly authorized thereto, have signed the present
Convention.

Done at The Hague, on the 18th day of March, 1970, in the English and French languages, both
texts being equally authentic, in a single copy which shall be deposited in the archives of the
Government of the Netherlands, and of which a certified copy shall be sent, through the
diplomatic channel, to each of the States represented at the Eleventh Session of the Hague
Conference on Private International Law.