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B-51: ADDITIONAL PROTOCOL TO THE INTER-AMERICAN CONVENTION ON THE TAKING OF EVIDENCE ABROAD ADOPTED AT: LA PAZ, BOLIVIA DATE: 05/24/84 CONF/ASSEM/MEETING: THIRD INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE INTERNATIONAL LAW , ENTRY INTO FORCE: 11/28/92 ON THE THIRTIETH DAY FOLLOWING THE DATE IN WHICH TWO STATES PARTIES HAVE DEPOSITED THEIR INSTRUMENTS OF RATIFICATION OR ACCESSION TO THIS PROTOCOL, IN ACCORDANCE WITH ARTICLE 20 * , , DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND RATIFICATIONS) TEXT: OAS, TREATY SERIES, NO. 65 UN REGISTRATION: / / No. Vol. OBSERVATIONS: For each State ratifying or acceding to the Protocol after its entry into force, the Protocol shall enter into force on the thirtieth day following deposit by such State of its instrument of ratification or accession, provided that such State is a party to the Inter-American Convention on the Taking of Evidence Abroad. * ENTRY INTO FORCE: (Cont.) OF THE LATTER. GENERAL INFORMATION OF THE TREATY: B-51 =============================================================================== SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF =============================================================================== Argentina ........... 10/29/92 R 04/20/92 RS 10/29/92 AD / / Bolivia ............. 05/24/84 / / / / / / Brazil .............. 05/24/84 R 1 / / / / / / Chile ............... 05/24/84 R 2 / / / / / / Colombia ............ 05/24/84 / / / / / / Dominican Republic .. 05/24/84 / / / / / / Ecuador ............. 05/24/84 08/21/95 02/28/96 ra / / Mexico .............. 12/02/86 02/11/87 DR a 06/12/87 RA / / Nicaragua ........... 05/24/84 / / / / / / Paraguay............. 06/02/98 Peru ................ 05/24/84 / / / / / / Uruguay ............. 05/24/84 06/15/09 07/16/09 RA / / Venezuela ........... 05/24/84 05/20/93 T 08/10/93 RA / / =============================================================================== REF = REFERENCE INST = TYPE OF INSTRUMENT D = DECLARATION RA = RATIFICATION R = RESERVATION AC = ACCEPTANCE INFORMA = INFORMATION REQUIRED BY THE TREATY AD = ACCESSION B-51. ADDITIONAL PROTOCOL TO THE INTER-AMERICAN CONVENTION ON THE TAKING OF EVIDENCE ABROAD 1. Brazil: (Reservation made at the time of signature) The Delegation of Brazil wishes, under the terms of Article 54 of the Rules of Procedure of CIDIP-III adopted at the first plenary session on May 16, 1984, to record its reservations to all of Articles 9, 10, 11, 12, 13, and 16 of the Additional Protocol to the Inter-American Convention on the Taking of Evidence Abroad, which was adopted at the second plenary session of CIDIP-III in La Paz on May 21, 1984. 2. Chile: (Reservation made at the time of signature) Pursuant to Article 54 of the Rules of Procedure of CIDIP-III, the Delegation of Chile expresses its reservations with regard to Articles 11, 12 and 13 of this Protocol, since it considers them contrary to its country's legislation. a. Mexico: (Declarations and reservations made at the time of ratification) Article 7 For the effects of this Additional Protocol the Federal Authority in Mexico is the Ministry of Foreign Affairs. Official taking of evidence is free of charge, but the Parties must defray experts' fees, the costs of personnel and any apparatuses required, expenditures caused to third parties and payment of legal fees for the issuance of copies and other documents. When concerned parties do not designate a person responsible for payment for such services, they must defray such costs directly as specified in Article 6 of the Protocol. Article 10 Mexico declares that diplomatic or consular agents accredited in Mexico may take evidence required in lawsuits carried out in the accrediting State without using measures of compulsion by summoning the Parties in the understanding that evidence consisting of oral deposition by the Parties or third parties must be taken in diplomatic or consular premises on a date and time set with sufficient advance notice. If so requested by the deponents, they may be assisted by duly qualified interpreters or translators and may have their statements written in their own language. Diplomatic or consular agents may not request measures of compulsion from Mexican judges, inasmuch as such orders are exclusively applicable to proceedings initiated in the country. Article 16 Mexico declares that under its law letters rogatory calling for the exhibition and copying of documents may be processed only when, in addition to fulfilling the requirements specified in this Article, they identify the direct relationship between the evidence or information requested and the pending proceeding. b. Argentine: (Reservation made at the time of ratification) "The Argentine Republic makes specific reservation to Chapter V, on the Taking of Evidence by Diplomatic or Consular Agents, which includes Articles 9, 10, 11, 12 and 13, because it is considered incompatible with the norms of its domestic law on the matter". C. Venezuela: (Reservations made at the time of ratification) The instrument of ratification contains the following reservations: "1. With respect to Article 7: Venezuela understands that the oficial taking of evidence is free, but the parties should pay for expert fees, staff expenses, expenses incurred by third parties, necessary equipment, legal fees and for the issuance of copies and other documents. When the concerned party does not name anyone responsible for paying for those services, such party should directly pay for them as set forth in Article 6 of the Protocol. 2. With respect to Article 16: Venezuela will process the letters rogatory only if they identify the relationship between the eviedence and information requested and the pending proceeding"
