The Governments of the Member States of the
Organization of American States, desirous of
concluding a convention on the taking of evidence
abroad, have agreed as follows:
Article 1- For the purposes of this Convention the
terms "exhortos" and "cartas rogatorias" are
synonymous in the Spanish text. The terms "letters
rogatory", "commissions rogatoires", and "cartas
rogatorias" used in the English, French and Portuguese
texts, respectively, cover both "exhortos" and "cartas
rogatorias".
Article 2- Letters rogatory issued in conjunction with
proceedings in civil or commercial matters for the
purpose of taking evidence or obtaining information
abroad and addressed by a judicial authority of one of
the States Parties to this Convention to the competent
authority of another, shall be executed in accordance
with the terms specified therein, provided:
a. The procedure requested is not contrary to legal
provisions in the State of destination that expressly
prohibit it;
b. The interested party places at the disposal of the
authority of the State of destination the financial
and other means necessary to secure compliance with
the request.
Article 3- The authority of the State of destination
shall have jurisdiction over disputes |arising in
connection with the execution of the measure requested.
Should the authority of the State of destination find
that it lacks jurisdiction to execute the letter
rogatory but consider that another authority of the
same State has jurisdiction, it shall ex officio
forward to it, through the appropriate channels, the
documents and antecedents of the case.
In the execution of letters rogatory, the authority of
the State of destination may apply the measures of
compulsion provided for in its law.
Article 4- Letters rogatory requesting the taking of
evidence or the obtaining of information abroad shall
specify the following information needed for
fulfilling the request;
a. A clear and precise statement of the purpose of the
evidence requested;
b. Copies of the documents and decisions that serve as
the basis and justification of the letter rogatory, as
well as such interrogatories and documents as may be
needed for its execution;
c. Names and addresses of the parties to the
proceeding, as well as of witnesses, expert witnesses,
and other persons involved and all information needed
for the taking of the evidence;
d. A summary report on the proceeding and the facts
giving rise to it, if needed for the taking of the
evidence;
e. A clear and precise statement of such special
requirements or procedures as may be requested by the
authority of the State of origin for the taking of the
evidence, except as provided in Article 2. 1 and
Article 6.
Article 5- Letters rogatory concerning the taking of
evidence shall be executed in accordance with the laws
and procedural rules of the State of destination.
Article 6- At the request of the authority issuing the
letter rogatory, the authority of the State of
destination may accept the observance of additional
formalities or special procedures in performing the
act requested, unless the observance of those
procedures or of those formalities is contrary to the
laws of the State of destination or impossible of
performance.
Article 7- The costs and other expenses involved in
the processing and execution of letters rogatory shall
be borne by the interested parties.
The State of destination may, in its discretion,
execute a letter rogatory that does not indicate the
person to be held responsible for costs and other
expenses when incurred. The identity of the person
empowered to represent the applicant for legal
purposes may be indicated in the letter rogatory or in
the documents relating to its execution.
The effects of a declaration in forma pauperis shall
be regulated by the law of the State of destination.
Article 8- Execution of letters rogatory shall not
imply ultimate recognition of the jurisdiction of the
authority issuing the letter rogatory or a commitment
to recognize the] validity of the judgment it may
render or to execute it.
Article 9- Pursuant to Article 2. 1, the
authority of the State of destination may refuse
execution of a letter rogatory whose purpose is the
taking of evidence prior to judicial proceedings or "pretrial
discovery of documents" as the procedure is known in
Common Law countries.
Article 10- Letters rogatory shall be executed in the
States Parties provided they meet the following
requirements:
a. The letter rogatory is legalized, except as
provided for in Article 13 of this Convention. The
letter rogatory shall be presumed to be duly legalized
in the State of origin when legalized by the competent
consular or diplomatic agent;
b. The letter rogatory and the appended documentation
are duly translated into the official language of the
State of destination.
The States Parties shall inform the General
Secretariat of the Organization of American States of
the requirements stipulated in their laws for the
legalization and the translation of letters rogatory.
Article 11- Letters rogatory may be transmitted to the
authority to which they are addressed through judicial
channels, diplomatic or consular agents, or the
Central Authority of the State of origin or of the
State of destination, as the case may be.
Each State Party shall inform the General Secretariat
of the Organization of American States of the Central
Authority competent to receive and distribute letters
rogatory.
Article 12- A person called to give evidence in the
State of destination pursuant to a letter rogatory may
refuse to do so when he invokes impediment, exception
or duty to refuse to testify:
a. Under the law of the State of destination; or
b. Under the law of the State of origin, if the
invoked impediment, exception or duty to refuse has
been specified in the letter rogatory or has been
confirmed by the requesting authority at the instance
of the court of destination.
Article 13- Whenever letters rogatory are transmitted
or returned through consular or diplomatic channels or
through the Central Authority, legalization shall not
be required.
Article 14- This Convention shall not limit any
provisions regarding letters rogatory for the taking
of evidence abroad in bilateral or multilateral
agreements that may have been signed or may be signed
in the future by the States Parties or preclude the
continuation of more favorable practices in this
regard that may be followed by these States Parties.
This Convention shall not limit the application of any
provisions on the taking of evidence by consuls that
may be in force in other conventions or preclude the
continuation of accepted practices in this regard.
Article 15- The States Parties to this Convention may
declare that its provisions cover the execution of
letters rogatory for the taking of evidence abroad in
criminal, lab and "contentious-administrative" cases,
as well as in arbitrations and other matters within
the jurisdiction of special courts. Such declarations
shall be transmitted t the General Secretariat of the
Organization of American States.
Article 16- The State of destination may refuse to
execute a letter rogatory that is manifestly contrary
to its public policy ("ordre public").
Article 17- This Convention shall be open for
signature by the Member States of the Organization of
American States.
Article 18- This Convention is subject to ratification.
The instruments of ratification shall be deposited
with the General Secretariat of the Organization of
American States.
Article 19- This Convention shall remain open for
accession by any other State. The instruments of
accession shall be deposited with the General
Secretariat of the Organization of American States.
Article 20- This Convention shall enter into force on
the thirtieth day following the date of deposit of the
second instrument of ratification.
For each State ratifying or acceding to the Convention
after the deposit of the second instrument of
ratification, the Convention shall enter into force on
the thirtieth day after deposit by such State of its
instrument of ratification or accession.
Article 21- If a State Party has two or more
territorial units in which different systems of law
apply in relation to the matters dealt with in this
Convention, it may, at the time of signature,
ratification or accession, declare that this
Convention shall extend to all its territorial units
or only to one or more of them.
Such declaration may be modified by subsequent
declarations, which shall expressly indicate the
territorial unit or units to which the Convention
applies. Such subsequent declarations shall be
transmitted to the General Secretariat of the
Organization of American States, and shall become
effective thirty days after the date of their receipt.
Article 22- This Convention shall remain in force
indefinitely, but any of the States Parties may
denounce it. The instrument of denunciation shall be
deposited with the General Secretariat of the
Organization of American States. After one year from
the date of deposit of the instrument of denunciation,
the Convention shall no longer be in effect for the
denouncing State, but shall remain in effect for the
other States Parties.
Article 23- The original instrument of this Convention,
the English, French, Portuguese and Spanish texts of
which are equally authentic, shall be deposited with
the General Secretariat of the Organization of
American States. The Secretariat shall notify the
Member States of the Organization of American States
and the States that have acceded to the Convention of
the signatures, deposits of instruments of
ratification, accession, and denunciation as well as
reservations, if any. It shall also transmit the
information mentioned in Article 10 and in the second
paragraph of Article 11, and the declarations referred
to in Articles 15 and 21 of this Convention.
IN WITNESS WHEREOF the undersigned Plenipotentiaries,
being duly authorized thereto by their respective
Governments, have signed this Convention.
DONE AT PANAMA CITY, Republic of Panama, this
thirtieth day of January, one thousand nine hundred
and seventy-five.