Authentic texts: French and English.
Registered by the Netherlands on 8 November 1972.
Textes authentiques : français et anglais.
Enregistrée par les Pays-Bas le 8 novembre 1972.
1972 United Nation» Trealy S rie» * Natknu Unto Hecocfl d*s Traités 241
CONVENTION1 ON THE TAKING OF EVIDENCE ABROAD IN
CIVIL OR COMMERCIAL MATTERS
The States signatory to the present Convention,
Desiring to facilitate the transmission and execution of Letters of Request
and to ftirther 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 Re
quest, 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 with
out 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 represen
tatives, if any;
(c) the nature of the proceedings for which the evidence is required, giving all
necessary information ht regard thereto;
1 Came into force on 7 October 1972 in respect of the following three States, i.e. on the sixtieth day after
the deposit of the third instrument of ratification with the Government of the Netherlands, in accordance with
article 38 (1):
Soar Due efdtposk
Denmark*………………………………………………… 20June 1972
Norway” ………………………………………………. 3 August 1972
United States of America………………………………….. 8 August 1972
* See p. 252 of Eh ) volume for the texts of Ehe reKrvations and declarations made upon ratification,
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242 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1972
(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;
(/) 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;
(A) any requirement that the evidence is to be given on oath or affirmation, and
any special form to be used;
(0 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 com
ply 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 infor
mation shall be sent directly to the parties or their representatives when the
authority of the State of origin so requests.
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1372 United Nations Treaty Series . Nations Unies Bccuefl des Trait s 243
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 pro
ceedings.
Article 11. In the execution of a Letter of Request the person concerned
may remse 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
(£) 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 fell within the
functions of the judiciary; or
( ) the State addressed considers that its sovereignty or security would be pre
judiced 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 Re
quest 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.
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244 United Nations Treaty Series Nations Unies Recaefl des Trait s 1972
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 oc
casioned 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 approxi
mate 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 . TAKING OF EVIDENCE BY DIPLOMATIC OFFICERS, CONSULAR
AGENTS AND COMMISSIONERS
Article 15. In a civil or commercial matter, 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 com
pulsion of nationals of a State which he represents in aid of proceedings com
menced 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 func
tions 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 a civil or commercial matter, 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.
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1972 United Nations — Treaty Serfe* * Nations Unies — Recueil des Traités 245
Article 18. A Contracting State may declare that a diplomatic officer, consu
lar agent or commissioner authorized to take evidence under articles IS, 16 or 17,
may apply to the competent authority designated by the declaring State for ap
propriate 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 compul
sion which are appropriate and are prescribed by its law for use in internal pro
ceedings.
Article 19. The competent authority, in giving the permission referred to in
article 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 ad
vance 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 per
sons concerned may be legally represented.
Article 2Î. 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;
(£) 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 lan
guage 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 forbid
den 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 HI. 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 pur
pose of obtaining pre-trial discovery of documents as known in Common Law
countries.
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246 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1972
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 constitu
tional 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;
(£) 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 witnes
ses to refuse to give evidence;
(e) the provisions of article 13 with respect to the methods of returning executed
Letters to the requesting authority;
(0 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.
1 United Nations, Treaty Series, vol. 286, p. 265.
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1972 United Nations Treaty Scries » Nations Unies Recueil de» Trait s 247
Article 30. The pr sent 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 Conven
tion 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 ft. 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 instru
ment 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 per
mission may be required, and whose assistance may be invoked in the taking
of evidence fay 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;
(ë) 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 diploma
tic 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 Interna
tional Law.
It shall be ratified, and the instruments of ratification shall be deposited with
the Ministry of Foreign Affairs of the Netherlands.
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248 United Nations — Treaty Series • Nations Unies — Recueil des Traites 1972
Article 38. The pr sent 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 Con
vention 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 chan
nels, 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 6f 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.
12140
1972 United Nrfow — Treaty Serin Nations Uni» Rcctufl des ÏVattéi 249
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;
(ft) the date on which the present Convention enters into force in accordance with
the erst 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;
CO the denunciations referred to in the third paragraph of article 41.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have
signed the present Convention.
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250 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1972
FAIT à La Haye, le 18 mars 1970, en français et en anglais, les deux textes
faisant également foi, en un seul exemplaire, qui sera déposé dans les archives du
Gouvernement des Pays-Bas et dont une copie certifiée conforme sera remise, par
la voie diplomatique, à chacun des Etats représentés à la onzième session de la
Conférence de La Haye de droit international privé.
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 Interna
tional Law.
Pour la République fédérale d’Allemagne :
For the Federal Republic of Germany:
Sous réserve de la ratification 1
H AN s ARNOLD
Pour l’Autriche :
For Austria:
Pour la Belgique :
For Belgium:
Pour le Canada :
For Canada:
Pour le Danemark :
For Denmark:
SIGURD CHRISTENSEN
18 April 1972
Sauf ratification 1
Pour l’Espagne :
For Spain:
Pour les Etats-Unis d’Amérique :
For thé United States of America:
PHILIP W. AMRAM
27 July, 1970
Pour la Finlande :
For Finland:
Pour la France :
For France:
C. DE MARGERIE
le 24 août 1972
Pour la Grèce :
For Greece:
1 Subject to ratification.
12140
1972 United Nkttons — Treaty Series . Nattons Unies — Recueff des Traités 251
Pour l’Irlande :
For Ireland:
Pour Israël :
For Israël:
Pour l’Italie :
For Italy:
Pour le Japon :
For Japan:
Pour le Luxembourg
For Luxembourg:
Pour la Norvège :
For Norway:
G. ROGSTAD
Pour les Pays-Bas :
For the Netherlands:
Pour le Portugal ;
For Portugal:
CONSTANTINO RlBEIRD VAZ
Ad Référendum. Au moment de la ratification seront
faites des réserves et déclarations jugées nécessaires et
permises par la présente Convention 1
Pour la République arabe unie :
For thé United Arab Republic:
Pour le Royaume-Uni de Grande-Bretagne et d’Irlande du Nord :
For thé United Kingdom of Great Britain and Northern Ireland:
EDWARD TOMKINS
Pour la Suède :
For Sweden:
Pour la Suisse :
For Switzerland:
Pour la Tchécoslovaquie
For Czechoslovakia:
Pour la Turquie :
For Turkey:
Pour la Yougoslavie :
For Yugoslavia:
^Translation — Traduction] Ad referendum. Upon ratification, reservations and declarations deemed necesi*
ry and permitted by the present Convention will be made.
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252 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1972
RESERVATIONS
AND DECLARATIONS
MADE UPON RATIFICATION
DENMARK
[TRANSLATION 1 — TRADUCTION 2]
Reservations
1) Availing itself of the provisions
laid down in article 33, the Danish Gov
ernment hereby declares, in accordance
with article 4, that Denmark will not ac
cept Letters of Request which are sent
in French.
2) Availing itself of the provisions
laid down in article 33, the Danish Gov
ernment hereby declares, in accordance
with article 17, that Denmark will not
accept the taking of evidence by com
missioners.
Declarations
Article 2
The Ministry of Justice is hereby
designated as Central Authority.
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 con
tracting State may be present at the exe
cution of a Letter of Request if they
RÉSERVES ET DÉCLARATIONS
FAITES LORS
DE LA RATIFICATION
DANEMARK
Réserves
« 1) Faisant usage des dispositions
prévues à l’article 33 le Gouvernement
danois déclare conformément à l’arti
cle 4 que le Danemark n’accpete pas les
commissions rogatoires adressées en
langue française.
« 2) Faisant usage des dispositions
prévues à l’article 33, le Gouvernement
danois déclare, conformément à l’arti
cle 17, que le Danemark n’accepte pas
l’obtention de preuves par commis
saires. »
Déclarations
« Article 2
« Le Ministère de la justice est dési
gné comme Autorité centale.
« Article 4
« Les commissions rogatoires peu
vent être adressées en langues norvé
gienne et suédoise, et le Danemark n’as
sume pas d’obligation de retourner les
preuves obtenues rédigées en d’autres
langues que la langue danoise.
« Article 8
« Les magistrats de l’Autorité requé
rante d’un autre Etat contractant peu
vent assister à l’exécution d’une com
mission rogatoire s ‘ ils ont obtenu 1 ‘ auto-
1 Translation supplied by the Government of the
Netherlands.
1 Traduction fournie par le Gouvernement néer
landais.
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1972 Uofted Nattons — Treaty Series • Nations Unies — Recueil des Traités 253
have obtained prior authorization from
the competent Danish authority.
Article 15
A diplomatic officer or consular agent
may take evidence if he has been autho
rized to do so by the Ministry of Justice.
Article 16
The Ministry of Justice will issue au
thorizations to take evidence.
Article 23
Letters of Requests issued for the
purpose of obtaining pre-trial discovery
of documents may not be executed in
Denmark.
Article 27 (a)
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.
NORWAY
risation préalable de l’autorité compé
tente danoise.
« Article 15
« Un agent diplomatique ou consulai
re peut procéder à l’acte d’instruction
moyennant l’autorisation du Ministère
de la justice.
« Article 16
« Le Ministère de la justice donne
l’autorisation de procéder à l’acte d’ins
truction.
« Article 23
« Les commissions rogatoires qui ont
pour objet la procédure connue sous le
nom de Pre-trial discovery of docu
ments ne peuvent être exécutées au Da
nemark.
* Article 27 a
« Les commissions rogatoires peu
vent être transmises comme jusqu’ici
par les agents consulaires des Etats
étrangers au Danemark, directement
au tribunal danois compétent. »
NORVÈGE
[TRADUCTION 1 — TRANSLATION 2]
Réservation
“In conformity with article 33, Nor
way enters a réservation to paragraph 2
of article 4 to the effect that Letters of
Request in the French language will not
be accepted.”
Réserve
Conformément à l’article 33, la Nor
vège fait une réserve à [‘encontre de
l’alinéa 2 de Particle 4, en ce sens que
les commissions rogatoires rédigées en
langue française ne seront pas accep
tées.
1 Traduction fournie par le Gouvernement néer
landais.
f Translation supplied by the Government of the
Netherlands.
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254 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1972
Declarations
“I. The Royal Ministry of Justice
and Police is designated as the Central
Authority with reference to article 2
and as the Competent Authority with
reference to articles 15, 16 and 17.
“II. With reference to article 4, pa
ragraph 3, the Kingdom of Norway de
clares that letters in the Danish or
Swedish languages can be sent to the
Central Authority.
“III. By accepting Letters of Re
quest in another language than the Nor
wegian, the Kingdom of Norway does
not undertake to execute the request, or
transmit the evidence thus obtained in
this other language, nor to have translat
ed the documents which establish the
execution of the letter of request.
“IV. By virtue of article 15, evi
dence can be taken by diplomatic offi
cers or consular agents only if, upon
application, prior permission to that ef
fect 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.”
Déclarations
I. Le Ministère royal de la justice et
de la police est désigné comme Autorité
centrale au sens de l’article 2 et comme
Autorité compétente au sens des arti
cles 15, 16 et 17.
IL Se référant à l’article 4, alinéa 3,
le Royaume de Norvège déclare que des
commissions rogatoires en langue da
noise ou en langue suédoise peuvent
être envoyées à l’Autorité centrale.
III. En acceptant des commissions
rogatoires rédigées dans une autre lan
gue que le norvégien, le Royaume de
Norvège ne s’engage pas à exécuter les
commissions rogatoires ni à transmettre
les preuves obtenues dans cette autre
langue, ni à faire traduire les pièces
constatant l’exécution de ces commis
sions rogatoires.
IV. En vertu de l’article 15, les
agents diplomatiques ou consulaires
ne peuvent procéder à un acte d’instruc
tion que si autorisation préalable a été
accordée sur demande à cet effet.
V. En vertu de l’article 23, le
Royaume de Norvège déclare qu’il
n’exécutera pas les commissions roga
toires ayant pour objet la procédure
connue dans les Etats du Common Law
sous le nom depre-triat discovery of do
cuments.
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