HAGUE CONVENTION ON THE SERVICE ABROAD
OF JUDICIAL AND EXTRA-JUDICIAL DOCUMENTS
IN CIVIL AND COMMERCIAL MATTERS
Source:
http://travel.state.gov/law/hague_service.html
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL
REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION
ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING
INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL
OR THE FOREIGN CENTRAL AUTHORITY FOR THE CONVENTION.
IN FORCE:..ANGUILLA 3, ANTIGUA AND BARBUDA,
ARGENTINA 7, ARUBA 5, BAHAMAS, BARBADOS,
BELARUS, BELGIUM, BELIZE 1, BERMUDA 3,
BOTSWANA, BRITISH VIRGIN ISLANDS 3, BULGARIA 7,13,
CANADA, CAYMAN ISLANDS 3, CHINA 2, 7,
CYPRUS, CZECH REPUBLIC 2, 7, DENMARK,
DJIBOUTI (formerly Afars and Issas) 1, EGYPT 7,
ESTONIA, FALKLAND ISLANDS AND DEPENDENCIES 3, FIJI
1,3, FINLAND, FRANCE (including French Overseas Departments),
FRENCH POLYNESIA 4, GERMANY 7, 8, 9,
GIBRALTAR 3, GREECE 10, GUERNSEY 3,
HONG KONG SAR 3, IRELAND, ISLE OF MAN 3,
ISRAEL, ITALY, JAPAN, JERSEY 3, KIRIBATI (formerly Gilbert
Islands and Central and Southern Line Islands) 1,
3, KOREA, Republic of (SOUTH KOREA) 7,14, LATVIA,
LITHUANIA 7, LUXEMBOURG 11, MACAU SAR
6, MALAWI, MEXICO, MONTSERRRAT 3, NETHERLANDS,
NEVIS 1, NORWAY 7, PAKISTAN, PITCAIRN
3, POLAND, PORTUGAL, RUSSIAN FEDERATION, ST. CHRISTOPHER
(KITTS) 1, ST. HELENA AND DEPENDENCIES 3,
ST. LUCIA 1, ST. VINCENT AND THE GRENADINES
1, SEYCHELLES, SLOVAK REPUBLIC 2, 7,
SLOVENIA, SOLOMON ISLANDS 1 , SPAIN,
SRI LANKA 7, SWEDEN, SWITZERLAND 7, TURKEY
7, TURKS AND CAICOS ISLANDS 3, TUVALU
(formerly Ellice Islands) 1, UKRAINE, UNITED KINGDOM,
UNITED STATES 12, VENEZUELA 7.
1 This country achieved independence. No declaration has
been made on the continuation in force of the Convention. We have requested the
assistance of the Hague Conference on Private International Law in ascertaining
from these countries whether they are applying the Convention.
2 In accordance with Article 34(1) of the Vienna
Convention on Succession of States in Respect of Treaties, the U.S. view is that
when a country which is a party to a multilateral treaty or convention has
dissolved, the successor state(s) inherit the treaty obligations of the former
government, consistent with Article 34 of the Vienna Convention on Succession of
States in Respect of Treaties. However, as a practical matter, the custom is for
depositaries to expect a notice of succession to confirm that the new entity is
performing its treaty obligations. Many newly independent states may not really
be implementing such conventions at this time in that they may be performing the
functions set forth in the Convention. We continue to work with these
governments and the depositories to obtain confirmation that the respective
successor state is complying with treaty obligations.
3 The Convention was extended to this territory,
possession or other jurisdiction by the United Kingdom.
4 The Convention was extended to this territory,
possession or other jurisdiction by France.
5 The Convention was extended to this territory,
possession or other jurisdiction by the Netherlands.
6 The Convention was extended to this territory,
possession or other jurisdiction by Portugal.
7 Argentina, China, the Czech Republic, Egypt, Germany,
Greece, Latvia, Lithuania, Luxembourg, Norway, Poland, the Republic of South
Korea, the Slovak Republic, Sri Lanka, Switzerland, Turkey, Ukraine, and
Venezuela have notified the Hague Conference on Private International Law on
accession, ratification or subsequently that they object to service in
accordance with Article 10, sub-paragraph a of the Convention, via postal
channels.
8 The Hague Service Convention provision for service by
a Central Authority is the exclusive method for service of process in the
Federal Republic of Germany.
9 On November 19, 1992, the Federal Republic of Germany
advised the depositary for the Convention that notwithstanding the provisions of
the first paragraph of Article 15, a German judge may give judgment even if no
certificate of service or delivery has been received, if all the following
conditions are fulfilled: the document was transmitted by one of the methods
provided for in the Convention; a period of time of not less than six months,
considered adequate by the judge in the particular case, has elapsed since the
date of the transmission of the document; no certificate of any kind has been
received, even though every reasonable effort has been made to obtain it through
the competent authorities of the State addressed. In addition, Germany advised
that an application for relief in accordance with Article 16 will not be
entertained if it is filed after the expiration of one year following the
termination of the time-limit which has not been observed.
10 On November 23, 1989, Greece informed the depositary
government for the Convention that the judges of Greece may give judgment if all
the conditions in Article 15, paragraph 2(a),(b) and (c) of the Convention are
fulfilled even if no certificate of service or delivery has been received.
11 Luxembourg communicated the withdrawal of its
declaration opposing service through postal channels in accordance with Article
10(a) of the Convention in a Note to the Government of the Netherlands dated
June 2, 1978.
12 As of June 28, 1978, the United States will not
charge a fee for service of judicial documents which it receives from any State
Party to the Convention which does not impose a charge for service of documents
sent from the United States for service under the Convention. On March 31, 1994,
the Government of the United States declared that the Convention shall also be
extended to the Commonwealth of the Northern Mariana Islands.
13 In accordance with Article 28, second paragraph, the
Convention will enter into force for the Republic of Bulgaria in the absence of
any objection from a State which has ratified the Convention before the deposit
of the accession, notified to the Ministry of Foreign Affairs of the Netherlands
within a period of six months after the date on which the Ministry has notified
it of the accession. For practical reasons, this six months' period will run
from January 31, 2000 to July 31, 2000. The Republic of Bulgaria objects to the
use of channels of transmission for service mentioned in Article 10 of the
Convention. The Republic of Bulgaria requires the document, which is to be
served, to be written in or accompanied by a translation into the Bulgarian
language. The Republic of Bulgaria designates the district courts as authorities
which are competent to complete the certificate (Article 6, paragraphs 1 and 2).
14 Ratified Convention January 13, 2000; in accordance
with Article 28, second paragraph, the Convention will enter into force for the
Republic of Korea in the absence of any objections from a State which has
ratified the Convention before the deposit of the accession, notified to the
Ministry of Foreign Affairs of the Netherlands within a period of six months
after the date on which the Ministry has notified it of the accession. For
practical reasons, this six month's period will run from January 31, 2000 to
July 31, 2000. Pursuant to Article 10, the Republic of Korea objects to the
following: a) the freedom to send judicial documents, by postal channels,
directly to persons abroad, b) the freedom of judicial officers,
officials or other competent persons of the State of origin to effect service of
judicial documents directly through the judicial officials or other competent
persons of the State of destination, c) the freedom of any person
interested in a judicial proceeding to effect service of judicial documents
directly through judicial officers, officials or other competent persons of the
State of destination.
CITATIONS
20 U.S.T. 1361
658 U.N.T.S. 163
T.I.A.S. No. 6638
28 U.S.C.A. (Appendix following Rule 4 FRCvP)
16 I.L.M. 1339 (1977)
Martindale-Hubbell Law Directory, Law Digest Volume, Selected International
Conventions
U.S. CENTRAL AUTHORITY
Office of International Judicial Assistance
Civil Division
Department of Justice
1100 L Street, NW
Room 11006
Washington, D.C. 20530
(202) 307-0983
PURPOSE
The Hague Service Convention codifies service of process by international
registered mail and by agent. The treaty also provides for service of process by
a Central Authority (usually the Ministry of Justice) in the Convention
countries pursuant to a request submitted on a form USM-94, available at the
office of any United States Marshal. The text of the treaty is self-explanatory,
but see the reservations and declarations each country made on accession to the
treaty. Some countries made specific reservations against particular methods of
service. The Convention method should be employed in all countries party to it.
SCOPE OF THE CONVENTION
This question was raised at the first Special Commission meeting on the
operation of the Convention. The applicability of the Convention to
administrative cases is generally decided on a case-by-case basis. See
Commission Reported, cited under References.
REQUEST FOR SERVICE FORM (USM-94)
You may obtain a copy of the Request for Service form (USM-94) from the local
office of the U.S. Marshal's Service. Further information on the treaty may be
obtained from the Supervisory Deputy for process at the nearest U.S. Marshal's
office. You may also contact Headquarters, U.S. Marshal's Service, 202-307-9110.
(See also Memo No. 386, Revision No. 3, at the U.S. Marshal's office or at Vol.
l6, Intl Legal Materials, l33l, (1977) Am. Soc. Intl. Law).
COMPLETE THE FORM
The completed request form and documents to be served, with accompanying
translations (2 copies of each), should be mailed directly to the foreign
central authority as provided by Article 3 of the Convention.
FEDERAL AUTHORITY FOR ATTYS TO COMPLETE AND SEND FORM
Effective February 26, l983 Public Law 97-462 amended Rule 4 of the Federal
Rules of CivilProcedure regarding service of process. Pursuant to this change in
Rule 4(c)2(A) the U.S. Marshal will no longer transmit Form USM-94 directly to
the foreign central authority of a country party to the Hague Service
Convention. Rather, the attorney representing the party seeking service should
execute the portion of Form USM-94 marked "Identity and Address of the
Applicant" and the "Name and Address of the Requesting Authority" portion of the
Summary of the Document to be Served.
CITE AUTHORITY
A reference to the statutory authority to serve the document should appear
prominently on the request, stating that "service is requested pursuant to Rule
4(c)2(A), U.S. Federal Rules of Civil Procedure" which authorizes any person who
is not a party and is not less than 18 years of age to serve a summons and
complaint.
STATE COURT ACTIONS
In actions pending in state courts, state law designates the person
authorized to effect service. Requests pending in state courts should specify
that the request is made pursuant to Rule 4(c)2(A) of the U.S. Federal Rules of
Civil Procedure and any pertinent state law. See U.S. Marshal's Memo 386, [p.
14, footnote 11,] 16 I.L.M. 1331 et seq. (1977) for guidance on service requests
in actions pending in state courts.
DESIGNATING METHOD OF SERVICE TO BE USED BY CENTRAL AUTHORITY
Fill in the USM-94 in duplicate, designating the method of service to be used
by the foreign Central Authority.
FORMAL SERVICE
(Article 5, paragraph 1, sub-paragraph a)The Central Authority itself serves
or arranges to have served "by a method prescribed by its internal law for the
service of documents in domestic actions upon persons who are within its
territory". Generally, documents to be served in accordance with this method
must be translated into the official language of the country. See the Practical
Handbook on the Convention for specific information, or consult the U.S. Central
Authority.
INFORMAL DELIVERY
(Article 5, paragraph 2)Unless a particular method is requested, the document
may always be served by delivery to an addressee who accepts it voluntarily.
This method of informal delivery is by far the most broadly used approach in a
substantial number of Contracting States. The person who delivers the document
is often a police official. In most cases, the addressees accept the document
voluntarily or come down to pick it up at the police station, which dispenses
with the need for translation of the documents to be served.
PERSONAL SERVICE
(Article 5, paragraph 1, sub-paragraph b)If personal service is required,
delete methods (a) and (c) on the Request for Service form (USM-94) and indicate
method (b) on the form, noting that the documents should be served personally
upon the person or company to be served.
TRANSLATIONS
Unless the party to be served will accept service voluntarily, the documents
to be served must be accompanied by a translation into the official language of
the foreign country. See Ristau, International Judicial Assistance (Civil and
Commercial), International Law Institute, 1995, Vol. 1, Section 4-2-3(5), pp.
133-138. See Teknekron Management Inc. v. Quante Fernmeldtechnik Gmbh, 115 F.R.D.
175 (D. Nev. 1987); Vornees v. Fischer & Krecke, 697 F. 2d 574, 575 (4th Cir.
1983)
COSTS
There are generally no costs incurred in connection with service through the
central authority under the Convention. However, if personal service is made and
the person to be served resides in some remote location, some fees may be
charged. The fees will be billed to the requester by the foreign central
authority.
TIME FRAME
There is no specific time frame for serviceprovided for in the Convention.
However, the Hague Conference on Private International Law advises that most
Convention central authorities generally accomplish service within two months.
PROOF OF SERVICE
On the reverse side of the Request for Service form is a Certificate of
Service form. The certificate, which serves as proof of service, is completed
and mailed directly to the requesting party by the foreign central authority
after service has been effected.
SERVICE OTHER THAN BY CONVENTION CENTRAL AUTHORITY
SERVICE THRU CONSULAR & DIPLOMATIC CHANNELS
(Articles 8 and 9)U.S. consular officers are prohibited by Federal
regulations from effecting service of process in private matters. See 22 CFR
92.85.
SERVICE BY POSTAL CHANNELS
(Article 10, sub-paragraph a)American courts have consistently held that
international mail service of civil summonses is not proper in the case of
States party to the Hague Service Convention which have entered an appropriate
reservation under Article 10 thereof. See Ristau, Vol. 1, Section. 4-1-6, pp.
121.3-121.9. See also, Epstein, International Litigation, A Guide to
Jurisdiction, Practice and Strategy, 2nd., 1994, Section 4.04(3), pp. 4-14-4-19.
Argentina, China, the Czech Republic, Egypt, Germany, Greece, the Republic
of South Korea, Latvia, Lithuania, Luxembourg, Norway, Poland, the Slovak
Republic, Sri Lanka, Switzerland, Turkey, Ukraine, and Venezuela have notified
the Hague Conference on Private International Law on accession, ratification or
subsequently that they object to service in accordance with Article 10,
sub-paragraph a of the Convention, via postal channels.
SELECTED CASES: Re Hunt's Pier Associates Debtor, 156 Bankr, 464 (E.D.
Pa. 1993); Grand Entertainment v. Star Media Sales, 988 F. 2d 476 (3rd Cir.
1993); Peabody Holding Co. v. Lotain Group PLC, 808 F. Supp. 1425 (E.D. Mo.
1992); Perfumer's Workshop, Ltd. v. Roure Bertrand du Pont, S.A., 737 F. Supp.
785 (S.D.N.Y. 1990); Wilson v. Honda Motor Co. Ltd, 766 F. Supp. 339 (E.D. Tenn
1991); Honda Motor Co., Ltd., v. Superior Court (10 Cal. App. 4th 1043, 12 Cal.
Rptr 2d 861 (1992); Sheets v. Yamaha Motor Co. Ltd., (891 F. 2d 533 (5th Cir.
1990)); Bankston v. Toyota Motor Corp. (889 Fed. Rptr, 2d Series, 172, (8th Cir.
1989; W.D. Ark., 4 Jan 1989); Suzuki Motor CO., Ltd. v. Superior Court (200 Cal.
App. 3d 1476, 249 Cal. Rptr. 376 (1988); Hantover Inc. v. Omet S.N.A., 688 F.
Supp. 1377 (W.D. Mo. 1988); Turick v. Yamaha, (121 F.R.D. 32 (S.D.N.Y. 1988));
Cooper v. Makita Electric Works Ltd., 117 F.R.D. 16 (1987); Ackermann v. Levine
(788 F. wd 830 (2d Cir. 1986); , Pochop v. Toyota Motor Co. Ltd., 111 F.R.D. 464
(1986), Mommsen v. Toro Co., 108 F.R.D. 444 (1985); DeJames v. Magnificence
Carriers, Inc., 654 F.2d 280 (3d Cir. 1981); Porsche v. Superior Court, 177 Cal.
Rptr. 155 (1981); Cintron v. W&D Machinery Co. Inc., 182 N.J. Super. 126, 440
(A. 2d 76 (1981)); Kadota v. Hosogai, 608 P. 2d 68 (Ct. of Appeals, Ariz, 1980);
Shoei Kako Co. v. Superior Court, 33 Cal. App. 3d 808, 109 Cal. Rptr. 402
(1973).
But see, Umbenhauer v. Woog, 959 F. 2d 25, (3rd Cir, 1992) which held
that objections from foreign governments cannot justify non-compliance with the
Federal Rules of Civil Procedure for service of process by international mail.
It should be noted that the country in question, Switzerland, was not a party to
the Hague Service Convention at that time, and thus did not file formal
objection to service by postal channels under Article 10(a). Formal objections
to this method of service made at the time of accession or subsequently in
accordance with the Convention are honored as a Treaty obligation.
Note: With respect to the debate in the courts regarding the validity
of service by mail in Japan, see our country specific flyer, Service of Process
in Japan, via our autofax service or at our Internet Home Page.
BUT SEE, FTC v. Compagnie de Saint-Gobain-Pont-a-Mousson, 636 F. 2d
1327, n. 150 (D.C. Cir. 1980) on the issue of service via international
registered mail when the document to be served is not compulsory or punitive
when there is no treaty obligation to refrain from such methods of service. See
also, Digest of United States Practice in International Law, Department of
State, Office of the Legal Adviser, 1980 p. 457.
TRANSLATIONS AND SERVICE BY MAIL
Translation of documents to be served by registered mail is not strictly
required by the Convention. Courts have ruled that the translation requirement
of Article 5 applies only to service of documents by the foreign Central
Authority, and not direct postal service. See Lemme v. Wine of Japan Import,
Inc., 631 F. Supp. 456, 463-64 (E.D.N.Y. 1986). See also Greenfield v. Suzuki
Motor Co., Ltd., 776 F. Supp. 698, 701-703 (E.D.N.Y. 1991). See Epstein,
International Litigation: A Guide to Jurisdiction, Practice and Strategy, , 2nd,
1994, Section 4.04(1), p. 4-13. But see, Ristau, Vol 1, Section 4-3-1(2), p. 142
for a discussion of challenges which can occur if documents are not served in
the language the recipient understands.
SERVICE THRU JUDICIAL OFFICERS
(Article 10, sub-paragraphs b and c)Permits the judicial officers, officials
and other competent persons of the state of origin to effect service of judicial
documents through the efforts of the judicial officials of the state of
destination, unless the latter state objects to this method.
SEE ALSO Volkswagenwerk Aktiengesellschaft v. Schlunk, 108 S. Ct.
2104, 100 L. Ed. 2d 722, 27 I.L.M. 1093 (15 June 1988) on the issue of service
on an agent for a foreign corporation in the United States.
FOREIGN CENTRAL AUTHORITIES
The Hague Conference on Private International Law Handbook on the Operation
of the Hague Service Convention provides the following addresses of foreign
central authorities:
ANDORRA:
1. El Ministre d'Afers Exteriors
2. El Ministre de Justícia i Interior
All legalization requests are centralized through the following address:
Ministeri d'Afers Exteriors
Prat de la Creu
Edifici del Govern
Andorra la Vella
Principat d'Andorra
Tel.: 376-875-700
Fax: 376-869-559
E-mail: exteriors.gov@andorra.ad
ANGUILLA:
The Registrar of the Supreme Court
Anguilla
ANTIGUA & BARBUDA:
(1) The Governor General
Antigua and Barbuda;
(2) Registrar of the High Court
High Street
St. John's, Antigua, West Indies
tel: 809-462-3147
ARGENTINA:
Acceded to the Convention: February 2, 2001
Enters into Force: December 1, 2001
Central Authority: Ministry of Foreign Affairs, International Trade and
Worship
Treaty Bureau
Esmeralda 1212 - 15th. Fl.
1007 Buenos Aires
Tel: (5411) 4819-7000
4819-8015
Argentina made the following declarations:
1 - To Article 5, third paragraph: "The ARGENTINE REPUBLIC shall not accept
documents to be served or transmitted unless they are accompanied by a
translation into the Spanish language."
2 - To Article 21, first paragraph, a): "The Argentine Government designates
the Ministry of Foreign Affairs, International Trade and Worship as the Central
Authority."
3 - To Article 21, second paragraph, a): "The ARGENTINE REPUBLIC opposes to
the use of methods of transmission pursuant to Article 10."
4 - To Article 21, second paragraph, b): "The Argentine Government accepts
declarations pursuant to second paragraph of Article 15 and third paragraph of
Article 16."
5 - The ARGENTINE REPUBLIC rejects the claimed extension of application of
the Convention on the Service Abroad of Judicial and Extrajudicial Documents in
Civil or Commercial Matters, adopted at The Hague on November 14, 1965, to the
Malvinas, South Georgias and South Sandwich Islands as notified on May 20, 1970
by the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND to the KINGDOM OF
THE NETHERLANDS as Depositary of the Convention under the "Falkland Islands and
dependencies" inaccurate denomination. Therefore, the ARGENTINE REPUBLIC
similarly rejects the designation of the "Registrar of the Supreme Court" in the
Malvinas Islands as application authority of this Convention which was made on
that same opportunity, as well as any other act derived or that may be derived
from this claimed territorial extension.
The General Assembly of the United Nations has recognized the existence of a
dispute on the Malvinas, South Georgias and South Sandwich Islands sovereignty
and has urged the ARGENTINE REPUBLIC and the UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND to hold negotiations in order to find, as soon as possible, a
peaceful and definite solution to such dispute, with United Nations Secretary
General's good offices mediation, who shall inform the General Assembly about
the progress made (Resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12,
39/6, 40/21, 41/40, 42/19 and 43/25). The Special Committee on Decolonization
having equally declared, has annually adopted a resolution which proclaims that
to put an end to this colonial situation the negotiations must be resumed in
order to peacefully and definitely solve this sovereignty dispute. The last of
these resolutions was adopted on July 1, 1999.
The ARGENTINE REPUBLIC reaffirms its sovereignty on the Malvinas, South
Georgias and South Sandwich Islands and its maritime surrounding areas which are
an integral part of its national territory."
ARUBA:
The Kingdom of the Netherlands declared that the application of the Convention
shall extend to Aruba on 28 May 1986. Entry into Force for Aruba: 27
July 1986. Effective November 1, 2000, the Central Authority is:
Procurator General
L.G. Smith Boulevard 42-44
Oranjestad, Aruba
Tel: (279) 834-387 / 829-132
Fax: (279) 838-891
BAHAMAS:
Entered into Force: February 1, 1998. Designated Central Authority: "The
Honorable Attorney General."
Bahamian Central Authority for the Hague Service
Rhonda Bain
The Attorney General's Office
PO Box N3007
East Hill Street
Nassau, Bahamas
Tel: (242)-502-0400
BARBADOS:
The Registrar of the Supreme Court of Barbados
Law Courts, Bridgetown, Barbados
tel: 809-42-75537
BELARUS:
Ministry of Justice
Division of Execution of International Treaties
Department of Legal Provision of Foreign Relations
Kollektornaya St. 10
220048 Minsk
Belarus
Contact: Ms. Marina Zhandarova
Telephone: 375-17-211-0185
BELGIUM:
Le Ministere de la Justice
Administration de la Legislation
Place Poelaert 4
1000 Bruxelles
tel: 511-42-00
telex: 62.440 Min Jus
BELIZE:
Now Independent. No formal confirmation to depositary government that Convention
applies. Government of Belize authorities have advised the U.S. Embassy that the
Convention does apply and that requests for service should be sent to the
following central authority:
The General Registry
Supreme Court Building
P.O. Box 87
Belize City, Belize
BERMUDA:
The Registrar of the Supreme Court
Sessions House
21 Parliament St.
Hamilton HM 12, Bermuda
tel: 809-292-1350
BOTSWANA:
The Minister of State in the Office of the President of the Republic of Botswana
Lobatse, Botswana
BRITISH VIRGIN ISLANDS:
The Registrar of the Supreme Court
British Virgin Islands
BULGARIA:
The Republic of Bulgaria designates the Minstry of Justice and European Legal
Integration as Central Authority. The same authority is competent to receive the
documents forwarded under Article 9, paragraph 1.
CANADA:
To save time, requests should be forwarded directly to the Central Authority of
the province or territory concerned. They may, however, also be forwarded to the
Federal Central Authority which will transmit them to the relevant Central
Authority in the province or territory.
Federal Central Authority:
Director, Legal Advisory Division
Department of External Affairs
125 Sussex Drive
Ottawa, Ontario
Canada K1A 0G2
(613) 995-0119
For Alberta:
Attorney-General for Alberta
Attn: Executive Director - Court Services
9833-109th Street
Edmonton, Alberta
Canada T5K 2E8
tel: (403) 427-4992
For British Columbia:
Ministry of the Attorney-General
for British Columbia
Office of the Deputy Minister
Fifth Floor, 910 Government Street
Victoria, British Columbia
Canada V8V 1X4
tel: (604) 387-5211
For Manitoba:
Attorney-General for Manitoba
c/o Director - Civil Legal Services
Woodsworth Building
6th Floor
405 Broadway
Winnipeg, Manitoba
Canada, R3C 0V8
tel: (204) 945-2847
For New Brunswick:
Attorney-General for New Brunswick
P.O.Box 6000
Fredericton, New Brunswick
Canada, E3B 5H1
tel: (506) 453-2208
For Newfoundland:
Department of Justice
Confederation Building
St. John's, Newfoundland
Canada A1C 5T7
tel: (709) 576-2869
For Nova Scotia:
Attorney General of Nova Scotia
Legal Services Division
P.O. Box 7
Halifax, Nova Scotia
tel: (902) 424-4024
For Ontario:
Ministry of the Attorney General for Ontario Reciprocity Office: Civil Law
Division
18 King St. East
Toronto, Ontario
Canada M5C 1C5
tel: (416) 965-2570
For Prince Edward Island:
Attorney General of Prince Edward Island
Office of the Deputy Minister
P.O. Box 2000
Charlottetown, Prince Edward Island
Canada C1A 7N8
tel: (902) 368-4570
For Quebec:
Ministre de la Justice du Quebec
a/s Le service juridique
1200 route de l'Eglise
5eme etage
Ste-Foy, Quebec
Canada G1V 4M1
(418) 643-1436
For Saskatchewan:
Minister of Justice for Saskatchewan Att. of Director of Sheriff Services
1874 Scarth St., 10th Floor
Regina, Saskatchewan
Canada S4P 3V7
(306) 787-5488
For Yukon:
Director of Court Services
Department of Justice
Box 2703
Whitehorse, Yukon Y1A 2C6
(403) 667-5942
For Northwest Territories:
Deputy Minister of Justice
Government of the Northwest Territories
Box 1320
Yellowknife, Northwest Territories
Canada X1A 2L9
tel: (613) 995-0119
CAYMAN ISLANDS:
Clerk of the Courts
Grand Cayman, Cayman Islands
CHINA:
Bureau of International Judicial Assistance
Ministry of Justice of the People's Republic of China
10 Chaoyangmen Nandajie
Chaoyang District
BEIJING, 100020
China
CYPRUS:
Ministry of Justice & Public Order
Office of Permanent Secretary
125 Athalassa Avenue
2024 Nicosia,Cyprus
Tel: 357-22-805955
Fax: 357-22-518356
CZECH REPUBLIC:
Ministerstvo Spravedlnosti Ceske Republiky/ Ministry of Justice of the Czech
Republic
128 10 Praha 2, Vysehradska 16
Prague, Czech Republic
DENMARK:
Ministry of Justice
Justitsministeriet
Slotsholmsgade 10
1216 Kobenhavn K.
Copenhagen, Denmark
tel: 120906
telex: 15530
DJIBOUTI:
Unknown. Now Independent. Formerly French territory of Afars and Issas. No
formal confirmation to depositary government that Convention applies.
EGYPT:
Ministry of Justice
Office of International Judicial Cooperation
New Annex Building 7th Floor
Nobar Street
Abdin, Cairo, Egypt
tel. 011-20-2-795-6059
ESTONIA:
The Ministry of Justice of the Republic of Estonia
FALKLAND ISLANDS:
The Registrar of the Supreme Court
Stanley, Falkland Islands
FIJI:
Chief Registrar of the High Court of Fiji
Government Buildings
Suva, Fiji
Fiji became an independent State October 10, 1970. Prior to that time,
Fiji was a dependency of the United Kingdom which extended its accession to the
Convention to Fiji. Fiji has never confirmed to the Hague Conference on Private
International Law or the Government of the Netherlands whether it considers the
Hague Service Convention to apply to Fiji. However, Fijian authorities have
provided the U.S. Embassy with the name and address of the Central Authority
noted above to whom requests for service under the Hague Convention may be
transmitted.
FINLAND:
Ministry of Justice
10 Etelaesplanadi
Helsinki 13, Finland
tel: 358-0-1601
FRANCE:
Ministere de la Justice
Bureau de l'Entraide Judiciaire Internationale D4
13 Place Vendome
75042 Paris (1er), Cedex 01, France
tel: 261-80-22
telex: 211-802F
GERMANY:
For Baden-Wurttemberg:
Justizministerium Baden-Wurttemberg
Schillerplatz 4
70173 Stuttgart, Federal Republic of Germany
For Bavaria
Bayerisches Staatsministerium der Justiz
Justizpalast
Prielmeyerstrasse 7
80335 Muenchen
Munich, Germany
(this is the street address)
(For correspondence the following address should be used):
Bayerisches Staatsministerium der Justiz
80097 Muenchen
Munich, Germany
For Berlin:
Senator fur Justiz
Salzburger Strasse 21-25
10825 Berlin, Germany
For Brandenburg:
Das Ministerium der Justiz
des Landes Brandenburg
Heinrich-Mann-Alee 107
14460 Potsdam, Germany
For Bremen:
Prasident des Landgerichts Bremen
Domsheide 16
28195 Bremen, Germany
For Hamburg:
Prasident des Amtsgerichtes Hamburg
Sievekingplatz 1
20335 Hamburg
For Hesse:
Hessischer Minister der Justiz
Luisenstrasse 13
65185 Wiesbaden, Germany
For Lower Saxony:
Niedersachsisher Minister der Justiz
Am Waterlooplatz 1
30169 Hannover, Germany
For Mecklenburg-Western Pomerania:
Der Minister fur Justiz
Bundes- und Europaangelegenheiten
des Landes Mecklenburg-Vorpommern
Demmlerplatz 14
19053 Schwerin, Germany
For Northrhine-Westphalia:
Justizminister des Landes Nordrhein-Westfalen
Cecilienallee 3
40474 Dusseldorf, Germany
For Rhineland-Palatinate:
Ministerium der Justiz
Ernst-Ludwig-Strasse 3
55116 Mainz, Germany
For Saarland:
Minister der Justiz des Saarlandes
Zahringerstrasse 12
66119 Saarbrucken, Germany
For Saxony:
Sachsisches Staatsministerium der Justiz
Archivstrasse 1
01097 Dresden, Germany
For Saxony-Anhalt:
Ministerium der Justiz
des Landes Sachsen-Anhalt
Wilhelm-Hopfner-Ring 6
39116 Magdeburg, Germany
For Schleswig-Holstein:
Der Justizminister
des Landes Schleswig-Holstein
Lorentzendamm 35
24103 Kiel, Germany
For Thuringia:
Thuringer Justizministerium
Alfred-Hess Strasse 8
99094 Erfurt, Germany
GIBRALTAR:
The Registrar of the Supreme Court
Gibraltar
GREECE:
Ministry of Foreign Affairs
Department of Administrative and Judicial Affairs
D-3 Section, Department 2
Zalakosta 1, Athens, Greece
GUERNSEY:
The Bailiff
Bailiff's Office
Royal Court House
Guernsey
Channel Islands
HONG KONG SAR (CHINA) / CHINA (HONG KONG SAR):
The Chief Secretary of Hong Kong
Central Government Offices
Lower Albert Road
Hong Kong, tel: 011-852-8102954
ISLE OF MAN:
The First Deemster and Clerk of the Rolls
Roll's Office
Douglas, Isle of Man
IRELAND:
Master of the High Court
Dublin, Ireland
or
- a practising Solicitor; or
- a Country Registrar; or
- a District County Clerk
ISRAEL:
Director of Courts
Directorate of Courts
Russian Compound
Jerusalem
tel: 246919
ITALY:
The Registry of the Court of Appeal
Rome, Italy
L'Ufficio unico degli ufficiali
giudiziari presso la corte d'appello la corte
d'appello di Roma
Rome, Italy
JAPAN:
The Minister of Foreign Affairs
2-2-1 Kasumigaseki, Chiyoda-ku
Tokyo 100, Japan
tel: 81-3-3581-4015
JERSEY:
The Attorney General
Jersey, Channel Islands
KIRIBATI:
Unknown. Now Independent. No formal confirmation to depositary government that
Convention applies. Former Central Authority: Registrar of the High Court
KOREA, REPUBLIC OF (SOUTH KOREA):
Ministry of Court Administration, Attn.: Director of International Affairs, 967,
Seocho-dong, Seocho-gu, SEOUL 137-750, Republic of Korea
LATVIA:
Ministry of Justice
Brivibas Boulevard 34
LV - 1536 Riga
LITHUANIA:
Signatory: August 2, 2000
Accession: May 15, 2001
Entry into Force: June 1, 2001
Central Authority: Ministry of Justice
Dept. of International Law
Gedimino 30
Vilnius, Lithuania.
An alternative central authority is the District Attorney, Procuracy General,
Smetonos 4, Vilnius, Lithuania.
The instrument of accession of Lithuania contains the following declarations:
And whereas it is provided in Article 2 of the said Convention, the Republic
of Lithuania designates the Ministry of Justice of the Republic of Lithuania as
a Central Authority to receive requests for service coming from other
Contracting States;
And whereas it is provided in Article 8 of the said Convention, the Republic
of Lithuania declares that it opposes to the ways of service of documents
provided in this Article, unless the documents are to be served upon a national
of the State in which the documents originate;
And whereas it is provided in Article 10 of the said Convention, the Republic
of Lithuania declares that it is opposed to the ways of service of documents
provided in this Article;
And whereas it is provided in paragraph 2 of Article 15 of the said
Convention, the Republic of Lithuania declares that the judge of the Republic of
Lithuania may give judgment even if no certificate of service or delivery has
been received, if all conditions of paragraph 2 of Article 15 are fulfilled;
And whereas it is provided in paragraph 2 of Article 16 of the said
Convention, the Republic of Lithuania declares that an application for relief
will not be entertained if it is filed after the expiration of one year
following the date of the final judgment;...".
LUXEMBOURG:
Parquet general pres la Cour superieure de Justice
12 Cote d'Eich
Luxembourg-Ville
tel: 475981 or 26765 or 41464
MACAU SAR (CHINA) / CHINA (MACAU SAR):
Portugal extended its accession to Macau. Requests for service of process in
Macau may be transmitted to the Portuguese Central Authority for forwarding to
the Competent Authority in Macau to effect service. See Portugal.
MALAWI:
The Registrar of the High Court of Malawi
P.O. Box 30244
Chichiri
Blantyre 3
Malawi
MEXICO:
Secretaria de Relaciones Exteriores
Direccion General de Asuntos Juridicos
Av. Ricardo Flores Magon No. 1 - Anexo 2
Planta Alta
Colonia Tlatelolco
06995 Mexico, D.F.
tel: 011-52-55-5782-4144
By a Note dated 7 May 2001, the Embassy of Mexico at The Hague informed the
depositary of the following: besides English and French, request forms addressed
to the Mexican Central Authority should be filled in Spanish, according to
Article 7 of the Convention.
MONTSERRAT:
The Registrar of the High Court
Montserrat
NETHERLANDS:
The Public Prosecutor
District Court of the Hague
Juliana van Stoleberglaan 2-4
The Hague, the Netherlands
tel: 82-40-41
NEVIS:
Ministry of Legal Affairs
P.O. Box 186
Government Headquarters
St. Kitts-Nevis, West Indies
tel: 809-465-2521
NORWAY:
Ministry of Justice
Boks 8005
Oslo/Dep
Oslo 1, Norway
PAKISTAN:
Solicitor
Ministry of Law and Justice
Islamabad, Pakistan
Other Authorities in addition to Central Authority
Within Their Respective Territorial Jurisdictions:
Registrars of:
Lahore High Court, Lahore
Peshawar High Court, Peshawar
Baluchistan High Court, Quetta
High Court of Sind, Karachi
PITCAIRN:
The Governor and Commander-in-Chief, Pitcairn
British High Commission
Reserve Bank of New Zealand Building (9th Floor)
2 The Terrace (P.O. Box 1812)
Wellington 1
New Zealand
POLAND:
Ministry of Justice
Department of International Cooperation and European Law
Al. Ujazdowskia 11
00-950 Warsaw, Poland
tel: 48-22-628-4431 (ext. 247)
fax: 48-22-628-0949
PORTUGAL:
Director General of the Judicial Service of the Ministry of the
Ministry of Justice (Direccao-Geral dos Servicas Judiciarios,
Ministerio de Justica)
Av. Casal Ribeiro 48
1098 Lisboa Codex
Lisbon, Portugal
tel: 351-21-315-52 82
fax: 351-21-353-87 02
RUSSIAN FEDERATION:
Accession: May 1, 2001
Entry into Force: December 1, 2001
Central Authority: Unknown. Seeking clarification from the Russian Federation
and the Hague Conference on Private International Law.
SLOVENIA:
Signatory: September 18, 2000
Accession: May 15, 2001
Entry into Force: June 1, 2001
Central Authority unknown
SRI LANKA:
Signatory: August 31, 200
Accession: May 15, 2001
Entry into Force: June 1, 2001
Central Authority: Secretary/Ministry of Justice and Constitutional Affairs.
Seeking clarification regarding address and phone number from Sri Lanka and
Hague Conference on Private International law.
The instrument of accession of Sri Lanka contains the following declarations:
In terms of Article 2, the Secretary/Ministry of Justice and Constitutional
Affairs is designated the Central Authority.
The authority competent to act upon a Letter of Request pursuant to Article 6
would be the Secretary, Ministry of Justice and Constitutional Affairs/Registrar
of the Court of Appeal.
For purposes of Article 7, the documents should be in the English language.
For purposes of Article 10, Sri Lanka has no objection to the procedure set
out in paragraph (b) thereof. However it does not agree to the procedure set out
in paragraphs (a) and (c).
In terms of Article 15, Sri Lanka wishes to declare that the Judge may
proceed to give judgement even if no certificate of service or delivery has been
received, provided the conditions set out in Article 15 are fulfilled.
ST. CHRISTOPHER (St. Kitts):
Ministry of Legal Affairs
P.O. Box 186
Government Headquarters
St. Kitts-Nevis, West Indies
tel: 809-465-2521
Now Independent. No formal confirmation to depositary government that
Convention applies, however local government has provided information to the
U.S. Embassy regarding central authority competent to receive Hague Service
Convention requests noted above.
ST. HELENA:
The Supreme Court
Saint Helena
ST. LUCIA:
Now Independent. No formal confirmation to depositary government that Convention
applies, however local government has provided the following information to the
U.S. Embassy regarding central authority competent to receive Hague Service
Convention requests.
Registrar of the High Court
Attn: Miss Isabella Shillingford
Registry Department
Peynier Street
Castries, St. Lucia, W.I.
tel: 809-452-1257
There is no standard fee for service.
ST. VINCENT:
Now Independent. No formal confirmation to depositary government that Convention
applies, however local government has provided the following information to the
U.S. Embassy regarding central authority competent to receive Hague Service
Convention requests.
Ministry of Foreign Affairs
St. Vincent and the Grenadines
W.I.
tel: 809-456-1111
There is no fee. The Ministry of Foreign Affairs forwards the request for
service to the Registrar's Office which effects service.
SEYCHELLES:
The Registrar
Supreme Court
Victoria
Mahe, Republic des Seychelles
SLOVAK REPUBLIC:
Ministerstvo Spravodlivosti Slovenskej Republicky
Zupne namestie 13, 813 11 Bratislava
Slovak Republic
Fax: (00427) 5316035
SLOVENIA:
Signatory: September 18, 2000
Accession: May 15, 2001
Entry into Force: June 1, 2001
the Ministry of Justice of the Republic of Slovenia
Zupanciceva 3
1000 LJUBLJANA
tel.: +386 1 478 5244
fax: +386 1 426 1050
SOLOMON ISLANDS:
Unknown. Now Independent. No formal confirmation to depositary government that
Convention applies. Former Central Authority: Registrar of the High Court,
Honiara
SPAIN:
Secretaria General Tecnica
Subdireccion de Cooperacion Juridica Internacional
Ministerio de Justicia
San Bernardo, 45
28015 Madrid, Spain
tel: (34)(1) 390-2328
SWEDEN:
Ministry of Justice
Division for Criminal and International Judicial Cooperation
Central Authority
SE-103 33 Stockholm, Sweden
tel: (46)(8) 405-5057
fax: (46)(8) 405-4676
SWITZERLAND:
Switzerland designates the cantonal authorities listed below as Central
Authorities as referred to in the respective conventions. Requests for the
service of documents may also be addressed to:
The Federal Justice and Police Department
Federal Office for Police Matters
International Judicial and Extrajudicial Assistance
Bundesrain 20
3003 Bern
Switzerland
Tel. 011-41-31-322-4310
Fax 011-41-31-322-5380
That office will forward the requests for service to the Central Authority in
the appropriate canton.
Requests for service under the Hague Convention may also be sent directly to
the Central Authority for the appropriate Canton. The following list provides
the canton, official language of the canton, address and telephone number.
Authorized Swiss Central Authorities for each Canton
Cantonal Central Authorities (list up to date as per 14 September 2001)
The competent cantonal Central Authority to whom a request may be addressed can
be ascertained on-line at the following address:
<http://www.elorge.admin.ch/>
Official Language(s) (G=German F=French I=Italian)
| Canton
|
Language
|
Address
|
Phone/Fax
|
| Aargau (AG)
|
G |
Obergericht des
Kantons Aargau Obere Vorstadt 40 5000 Aarau |
tel.: +41.62-835.3850
fax: +41.62-835.3949 |
| Appenzell Ausserrhoden
(AR) |
G |
Kantonsgericht
Appenzell A.Rh. 9043 Trogen |
tel.: +41.71-343.6399
fax: +41.71-343.6359 |
| Appenzell Innerrhoden
(AI) |
G |
Kantonsgericht
Appenzell I.Rh. 9050 Appenzell |
tel.: +41.71-788.9551
fax: +41.71-788.9554 |
| Basel-Landschaft (BL)
|
G |
Obergericht des
Kantons Basel-Landschaft 4410 Liestal |
tel.: +41.61-925.5111
fax: +41.61-925.6964 |
| Basel-Stadt (BS)
|
G |
Appellationsgericht
Basel-Stadt 4051 Basel |
tel.: +41.61-267.8181
fax: +41.61-267.6315 |
| Bern (BE)
|
G/F |
Justiz-, Gemeinde- und
Kirchendirektion des Kantons Bern Münstergasse 2 3011 Bern |
tel.: +41.31-633.7676
fax: +41.31-633.7626 |
| Fribourg (FR)
|
F/G |
Tribunal cantonal 1700
Fribourg |
tel.: +41.26-305.3910
fax: +41.26-305.3919 |
| Genève (GE)
|
F |
Parquet du Procureur
général 1211 Genève 3 |
tel.: +41.22-319.2797
fax: +41.22-781.4365 |
| Glarus (GL)
|
G |
Obergericht des
Kantons Glarus 8750 Glarus |
tel.: +41.55-645.2525
fax: +41.55-645.2500 |
| Graubünden (GR)
|
G |
Justiz-, Polizei- und
Sanitätsdepartement Graubünden 7001 Chur |
tel.: +41.81-257.2121
fax: +41.81-257.2166 |
| Jura (JU)
|
F |
Département de la
Justice Service juridique 2800 Delémont |
tel.: +41.32-421.5111
fax: +41.32-421.5555 |
| Luzern (LU)
|
G |
Obergericht des
Kantons Luzern Hirschengraben 16 6003 Luzern |
tel.: +41.41-228.6262
fax: +41.41-228.6264 |
| Neuchâtel (NE)
|
F |
Département de la
justice, de la santé et de la sécurité Service de la justice Château 2001
Neuchâtel |
tel.: +41.32-889.4110
fax: +41.32-889.6064 |
| Nidwalden (NW)
|
G |
Kantonsgericht
Nidwalden 6370 Stans |
tel.: +41.41-618.7950
fax: +41.41-618.7963 |
| Obwalden (OW)
|
G |
Kantonsgericht
Obwalden Postfach 1260 6061 Sarnen |
tel.: +41.41-666.6222
fax: +41.41-660.8286 |
| St. Gallen (SG)
|
G |
Kantonsgericht St.
Gallen Klosterhof 1 9001 St. Gallen |
tel.: +41.71-229.3898
fax: +41.71-229.3787 |
| Schaffhausen (SH)
|
G |
Obergericht des
Kantons Schaffhausen Postfach 568 8201 Schaffhausen |
tel.: +41.52-632.7422
fax: +41.52-636.7836 |
| Schwyz (SZ)
|
G |
Kantonsgericht Schwyz
6430 Schwyz |
tel.: +41.41-819.1124
|
| Solothurn (SO)
|
G |
Obergericht des
Kantons Solothurn 4500 Solothurn |
tel.: +41.32-627.7311
fax: +41.32-627.2298 |
| Tessin (TI)
|
I |
Tribunale di appello
6901 Lugano |
tel.: +41.91-815.5111
fax: +41.91-815.5478 |
| Thurgau (TG)
|
G |
Obergericht des
Kantons Thurgau 8500 Frauenfeld |
tel.: +41.52-722.3121
fax: +41.52-722.3125 |
| Uri (UR)
|
G |
Landgericht Uri Am
Rathausplatz 2 6460 Altdorf |
tel.: +41.41-875.2244
fax: +41.41-875.2277 |
| Valais (VS)
|
F/G |
Tribunal cantonal 1950
Sion |
tel.: +41.27-322.9393
fax: +41.27-322.6351 |
| Vaud (VD)
|
F |
Tribunal cantonal 1014
Lausanne |
tel.: +41.21-316.1511
fax: +41.21-316.1328 |
| Zug (ZG)
|
G |
Obergericht des
Kantons Zug Rechtshilfe 6300 Zug |
tel.: +41.41-728.3154
fax: +41.41-728.3144 |
| Zürich (ZH)
|
G |
Obergericht des
Kantons Zürich, Rechtshilfe 8023 Zürich |
tel.: +41.1-257.9191
fax: +41.1-261.1292 |
TURKEY:
General Service of Civil Affairs
Ministry of Justice
Ankara, Turkey
(Adalet Bakanligi Hukuk Isleri Genel Mudurlugu, Ankara, Turkey)
TURKS & CAICOS:
The Registrar of the Supreme Court
Turks and Caicos Islands
TUVALU:
Now Independent. No formal confirmation to depositary government that Convention
applies. Former Central Authority: Registrar of the High Court.
UKRAINE:
Accession: February 1, 2001; Entry into Force: December 1, 2001.
Central Authority: Ministry of Justice of Ukraine. Seeking clarification
regarding address and phone number from Ukraine and the Hague Conference on
Private International Law.
The instrument of accession of Ukraine contains the following declarations
and reservations:
"1) on Article 2 of the Convention: the Ministry of Justice of Ukraine is the
Central Authority of Ukraine;
2) on Article 6 of the Convention: the Ministry of Justice of Ukraine and its
territorial departments of justice are competent to complete the certificate of
service;
3) on Article 8 of the Convention: service of judicial documents through
diplomatic or consular agents of another State within the territory of Ukraine
may be effected only upon nationals of the State in which the documents
originate;
4) on Article 9 of the Convention: the Ministry of Justice of Ukraine is the
authority competent to receive documents transmitted by consular channels or, if
exceptional circumstances so require, by diplomatic channels;
5) on Article 10 of the Convention: Ukraine will not use methods of
transmission of judicial documents provided for in Article 10 of the Convention;
6) on Article 15 of the Convention: if all the conditions provided for in the
second paragraph of Article 15 of the Convention are fulfilled, the judge,
notwithstanding the provisions of the first paragraph of Article 15 of the
Convention, may give judgment even if no certificate of service or delivery has
been received;
7) on Article 16 of the Convention: application for relief will not be
entertained in Ukraine if it is filed after the expiration of one year following
the date of the judgment."
UNITED KINGDOM:
Her Majesty's Principal Secretary of State for
Foreign and Commonwealth Affairs
London SW1A 2AL
For England and Wales:
The Senior Master of the Supreme Court of Judicature
Royal Courts of Justice
Strand
London WC2A 2LL, United Kingdom
For Scotland:
By a Note of 21 March 2000, the British Government notified that, with effect
from 1 April 2000, the designated authority for Scotland will be:
The Scottish Executive Justice Department
Civil Justice and International Division
Hayweight House
23 Lauriston Street
Edinburgh, EH3 9DQ
Telephone: +44.131.221.6815
Fax: +44.131.221.6894
For Northern Ireland:
By a Note of 10 June 1980, the British Government notified that instead of the
Registrar of the Supreme Court of Northern Ireland, designated in 1967 as the
additional authority for Northern Ireland in conformity with Article 18 of the
Convention, the Master (Queen's Bench and Appeals) is designated as the said
additional authority. The address of the Master (Queen's Bench and Appeals) is
Royal Courts of Justice, Belfast 1.
VENEZUELA:
Ministry of Foreign Affairs
Caracas, Venezuela
REFERENCE
"Checklist for the Discussions of the Special Commission of April 1989 on the
Operation of the Hague Convention on the Service of Process Abroad", Preliminary
Document No. 1 of March 1989, Hague Conference on Private International Law, 28
I.L.M. 1556 (1989).
"Report on the Work of the Special Commission on the Operation of the Service
Convention", 17 I.L.M. 312, 312 (1978).
Practical Handbook on the Operation of the Hague Convention of 15 November
1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters, Hague Conference on Private International Law, Maarten
Kluwer's Internationale Uitgeversonderneming, Antwerp 1983. U.S. Distributor:
Butterworth Publishers Inc., 10 Tower Office Park, Woburn, Boston, Massachusetts
01801. Contact U.S. Central Authority for addresses of other distributors.
Cumulative Digest of United States Practice in International Law, 1981-1988,
Vol. II, Department of State, Office of the Legal Adviser, pp. 1530-1547 (1994).
Digest of United States Practice in International Law, 1976, Department of
State, Office of the Legal Adviser, p. 307.
Digest of United States Practice in International Law, 1977, Department of
State, Office of the Legal Adviser, pp. 477-490; pp. 501-504.
Digest of United States Practice in International Law, 1980, Department of
State, Office of the Legal Adviser, p. 457.
Amram, "The Proposed International Convention on the Service of Documents
Abroad", 51 A.B.A. J. 650 (1965).
Baeck & Ginsberg, "Service of Process Abroad", 4 Int'l. Law. 145 (1969).
Basarrate, Note: "International Service of Process: Reconciling the Federal
Rules of Civil Procedure with the Hague Convention on the Service Abroad of
Judicial and Extrajudicial Documents in Civil or Commercial Matters", Vanderbilt
Journal of Transnational Law", Vol. 22, No. 5, pp. 1071-1096 (1988).
Beucher & Sandage, "United States Punitive Damage Awards in German Courts:
The Evolving German position on Service and Enforcement", Vanderbilt Journal of
Transnational Law, Vol. 23, No. 5, pp. 967-991 (1991).
Boyd, "Contemporary Practice of the United States Relating to International
Law - The Hague Service Convention", 72 American Journal of International Law,
130 (1978).
Downs, "Note: The Effect of the Hague Convention on Service Abroad of
Judicial and Extrajudicial Documents in Civil or Commercial Matters", 1 Cornell
Intl L. J., 125 (1969).
Epstein, International Litigation: A Guide to Jurisdiction, Practice and
Strategy, 2nd, Prentice Hall Law & Business, 1994.
Gordon, Comment: "Service of Process by Registered Mail on a Japanese
Defendant is Ineffective Under Article 10(a) of the Hague Convention of November
15, 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil
and Commercial Matters, Bankston v. Toyota Motor Corp. 889 F. 2nd 172 (8th Cir.
1989)" Vanderbilt Journal of Transnational Law, Vol. 23, No. 4, pp. 851-869.
Horlick, "Service of Process and other Documents Abroad, American Bar
Association, Problems in Transnational Litigation, 23 (1980).
Horlick, "A Practical Guide to Service of Process Abroad", 14 Int'l. Law. 637
(1980).
Hoyal, "The Hague Service Convention and Agency Concepts: Lamb v.
Volkswagenwerk Aktiengesellschaft", Cornell International Law Journal, Vol. 20,
pp. 391-412.
Leo, Note: "The Interplay Between Domestic Rules Permitting Service Abroad by
Mail and the Hague Convention on Service: Proposing an Amendment to the Federal
Rules of Civil Procedure", Cornell International Law Journal, Vol. 22, No. 2,
pp. 335-370 (1989).
Miller and Pionk, "The practical aspects of litigating against foreign
corporations", 54 Journal of Air Law and Commerce 123 (Fall 1988), esp. pp.
128-137.
Mitsui, "Ratification of Convention Relating to Civil Procedure on the
Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial
Matters", 16 Japanese Annual Int'l. L. 7 (1972).
Nanda and Pansius, Litigation of International Disputes in U.S. Courts, Vol.
4, International Business and Law Series, (1996), Sec. 2.02(2), pp. 2-4 - 2-15.
Note, "Closing the Chasm of International Judicial Assistance:
Extraterritorial Service of Documents, 12 How. L. J. 238 (1966).
Ristau, International Judicial Assistance (Civil and Commercial),
International Law Institute (1984, supp. 1990, 1995).
Schwartz, "Obtaining Evidence Overseas: Discovery on Foreign Shores", 9
Family Advocate 28 (1987) [includes discussion of service abroad].
Vazquez, "Hague Service Convention - scope and application - role of internal
law: Volkswagen Aktiengesellschaft v. Schlunk, 82 American Journal of
International Law 816 (1988).
ADDITIONAL INFORMATION:
The Office of American Citizens Services has available
general
information flyers on international judicial assistance. These topics
include country-specific information about service of process and obtaining
evidence abroad.
Using the Internet: Many of our judicial assistance flyers are
available on the Internet via the Department of State,
Bureau of Consular
Affairs home page. See also, the Department of State,
Office of the Legal Adviser for Private
International Law home page for information regarding the work of the Hague
Conference on Private International Law. See also
the home pages for
many of our embassies. As noted above, the text of the Convention and
updatedinformation concerning countries which have acceded to the Convention can
be found in the
Martindale-Hubbell Law Directory, Law Digest Volume.
QUESTIONS:
1. U.S. Central Authority: Additional questions regarding the operation of
the Hague Service Convention should be addressed to the U.S. Central Authority,
the Office of International Judicial Assistance, Civil Division, Department of
Justice, tel: (202) 307-0983.
2. General questions may also be addressed to the appropriate geographic
division of the Office of American Citizens Services, at telephone (202)
647-5225 or 202-647-5226.
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