B-37: INTER-AMERICAN CONVENTION ON THE TAKING OF EVIDENCE ABROAD
ADOPTED AT: PANAMA, PANAMA
DATE: 01/30/75
CONF/ASSEM/MEETING: INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE
INTERNATIONAL LAW
,
ENTRY INTO FORCE: 01/16/76 IN ACCORDANCE WITH ARTICLE 20 OF THE CONVENTION
DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND
RATIFICATIONS)
TEXT: OAS, TREATY SERIES, NO. 44
, ,
UN REGISTRATION: 03/20/89 No. 24387 Vol.
OBSERVATIONS: This convention shall remain open for signature by the
Member States of the OAS and for accession by any other
state.
GENERAL INFORMATION OF THE TREATY: B-37
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SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF
===============================================================================
Argentina ........... 05/19/86 01/25/87 03/25/87 RA / / i
Bolivia ............. 08/02/83 / / / / / /
Brazil .............. 01/30/75 / / / / / /
Chile ............... 01/30/75 07/09/76 D a 08/13/76 RA 08/12/91 f
Colombia ............ 01/30/75 09/27/91 11/01/91 RA / /
Costa Rica .......... 01/30/75 01/02/78 01/20/78 RA / /
Dominican Republic .. 07/19/77 08/31/88 01/30/91 RA / /
Ecuador ............. 01/30/75 08/29/75 g. 10/03/75 RA / /
El Salvador ......... 01/30/75 06/27/80 08/11/80 RA 08/11/80 b
Guatemala ........... 01/30/75 10/24/79 12/17/79 RA 10/21/87 c
Honduras ............ 01/30/75 01/08/79 03/22/79 RA / /
Mexico .............. 10/27/77 D 1 02/13/78 D d 03/27/78 RA 02/09/83 d
Nicaragua ........... 01/30/75 / / / / / /
Panama .............. 01/30/75 11/11/75 12/17/75 RA 09/05/01
Paraguay ............ 08/26/75 2 12/02/76 12/15/76 RA / /
Peru ................ 01/30/75 07/05/77 08/25/77 RA / /
Uruguay ............. 01/30/75 03/29/77 04/25/77 RA 08/30/85 e
Venezuela ........... 01/30/75 03/29/85 05/16/85 RA / /
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REF = REFERENCE INST = TYPE OF INSTRUMENT
D = DECLARATION RA = RATIFICATION
R = RESERVATION AC = ACCEPTANCE
INFORMA = INFORMATION REQUIRED BY THE TREATY AD = ACCESSION
B-37. INTER-AMERICAN CONVENTION ON THE
TAKING OF EVIDENCE ABROAD
1. Mexico:
Signed ad referendum.
(Interpretative declaration made at the time of signature)
It is the interpretation of the Government of Mexico that
Article 8 of this Convention refers to the international validity of
foreign judgments.
2. Paraguay:
Signed ad referendum.
On March 20, 2015, Paraguay informed on the designation of the "Dirección de Asuntos
Legales del Ministerio de Relaciones Exteriores" as the central authority for the
Inter-American Convention on Letters Rogatory, the Additional Protocol to the
Inter-American Convention on Letters Rogatory, the Inter-American
Convention on Proof of and Information of Foreign Law, the Inter-American
Convention on the Taking of Evidence Abroad, and the Inter-American
Convention on Execution of Preventive Measures.
On June 23, 2021, Paraguay informed the depository on the designation of
Dirección de Asuntos Legales del Ministerio de Relaciones Exteriores
as the central authority regarding the Inter-American Convention on the Taking of Evidence Abroad.
a. Chile:
(Declaration made at the time of ratification)
The instrument of ratification corresponding to the Convention
contains the declaration "that its provisions cover the execution of
letters rogatory for the taking of evidence abroad in criminal,
labor, and `contentious-administrative' cases, as well as in
arbitrations and other matters within the jurisdiction of special
courts."
b. El Salvador:
(Provided information in accordance with Article 10)
Appointed the Supreme Court of Justice as the Central
Authority competent to receive and distribute letters rogatory as
provided for in the Convention. ( July 14th and August 8th, 1980 )
Moreover, El Salvador, made the following statement with
respect to Article 10, Paragraph 2, final part:
"The requirements exacted in El Salvador for legalization and
translation of Letters Rogatory are those prescribed in Article 261
of the Code of Civil Procedures and Articles 388, 389, 391 and 392
of the Bustamante Code", which original texts follow in their order:
"Art. 261.- In order to uphold a public or authentic
instrument eminating from a foreign country, the signature that
authorizes it should be notarized by the Chief of Staff of the
diplomatic mission, the Consul, Vice-Consul or the Consular Attache
of the republic, or
if need be, by the corresponding dignitaries of the Ministry of
Foreign Affairs from which the document originates, and the
signature that authorizes such legislation must also be notarized by
the Minister or Under-Secretary of Foreign Affairs of El Salvador
who, 'by executive agreement in the same branch, has been generally
authorized for such acts."
"Validation will also be granted to foreign
instruments
received as photocopies, so long as the reverse of said copies
provides a statement as to their originality, and as long as the
proper formalities required by law in the originating country have
been complied with. This statement should be signed by a competent
functionary of the originating country and the signature should be
notarized as prescribed above."
"If the instruments to which this Article refers were written
in a foreign language, so long as they've been translated to Spanish
by a court-appointed interpreter, there will be no need for a new
version for use in the rest of the courts or other governmental
offices, nor will there be a need for this version where the
instruments have been translated in accordance with the law of the
originating country and the translation is properly authenticated."
"Whenever the judge, tribunal or the head of the governmental
office where the instruments, or their translations, are to be used,
feels that a new translaton would be practical, he/she will be
allowed to produce one or request one of an interested party, and
that new version, formally authorized by a competent judge, will be
the only one used."
"Art. 388.- Every judicial step which a contracting State has
to take in another shall be effected by means of letters
requisitorial or letters rogatory, transmitted through the
diplomatic channel. Nevertheless, the contracting States may agree
upon or accept as between themselves any other form of transmission
in respect to
civil or criminal matters."
"Art. 389.- The judge issuing the letters requisitorial is to
decide as to his own competence and the legality and propriety of
the act or evidence, without prejudice to the jurisdiction of the
judge to whom said letters are addressed."
"Art. 391.- The one receiving the letters requisitorial or
letters rogatory should comply, as to the object thereof, with the
law of the one issuing the same, and as to the manner of
discharging the request he should comply with his own law."
"Art. 392.- The letters requisitorial will be written in the
language of the State which sent them and will be accompanied by a
translation in the language of the State to which they are
addressed, said translation to be duly certified by a sworn public
translator."
c. Guatemala:
(Provided information in accordance with Article 11)
Appointed the Supreme Court of Justice as the Central
Authority competent to transmit, receive, and distribute letters
rogatory as provide for in the Convention.( October 21st, 1987)
d. Mexico:
(Declaration made at the time of ratification)
With the declaration made at the time of signature.
(Provided information in accordance with Article 11)
Appointed the Secretariat of Foreign Affairs of Mexico as the
Central Authority competent to receive and distribute letters
rogatory as provided for in the Convention. ( February 7th, 1983)
On August 5 , 2021, Mexico informed the depository on the designation of the
Secretaría de Relaciones Exteriores – Dirección General de Asuntos Jurídicos as the central authority
for the following Conventions: the Inter-American Convention on Letters Rogatory,
the Additional Protocol to the Inter-American Convention on Letters Rogatory,
the Inter-American Convention on Proof of and Information on Foreign Law,
the Inter-American Convention on the Taking of Evidence Abroad
and the Additional Protocol to the Inter-American Convention on the Taking of Evidence Abroad.
e. Uruguay:
(Provided information in accordance with Article 11)
Appointed the Ministry of Education and Culture "Asesor�a
Autoridad Central de Cooperaci�n Jur�dica Internacional" as the
Central Authority competent to carry out the functions entrusted to
it in the Convention. ( August 30th, 1985)
On September 27, 2021, Uruguay informed the depository on the designation
of the Autoridad Central de Cooperación Jurídica Internacional as the central authority.
f. Chile:
(Provided information in accordance with Article 11)
The government of Chile designates the Directerate of Legal
Affairs in the Ministry of Foreign Affairs as the Central Authority
with competence to receive and distribute rogatory letters as
provide for in the Convention. ( July 12th, 1991)
On June 26, 2017, Chile informed the depository on the designation of the
Office of Direction of International Affairs and Human Rights within the Supreme Court
as a new authority competent to receive and distribute letters rogatory
in reference to the articles provided for in the Convention.
g. Ecuador
(Declaration made at the time of ratification)
De conformidad con lo que dispone el art�culo 15 de la referida Convenci�n
decl�rase que se extienden sus normas a la tramitaci�n de exhortos o
cartas rogatorias que se refieren a la recepci�n u obtenci�n de pruebas
en materia penal, laboral contencioso-administrativa, juicios arbitrales u
otras materias objeto de jurisdicci�n especial.
(Provided information in accordance with Article 11)
The Government of Ecuador has designated the Ministry of
Foreign Affairs, Technical and Legal Advisory Office, General
Directorate of Legal Affairs as the central authority to receive and
distribute letters rogatory, for the purposes set forth in the
Convention (August 14, 1996, No. 139/96/MPE/OEA).
On
July 13, 2012, Ecuador informed on the designation of the
"Dirección
de Asuntos Jurídicos Internacionales del Ministerio de
Relaciones Exteriores,
Comercio e Integración" as the Central Authority for the purpose of the
Inter-American Convention on Letters Rogatory, the
Additional Protocol to the Inter-American
Convention on
Letters Rogatory, Inter-American Convention on the Taking of
Evidence Abroad
and the Inter-American Convention on Proof
of and Information on Foreign Law.
h. Panama:
On February 28, 2022, Panama informed the depository on the designation of the
"Departamento de Asuntos Jurídicos Internacionales y Tratados del Ministerio de Relaciones Exteriores"
as the Central Authority for the purpose of the Inter-American Convention on Letters Rogatory,
the Inter-American Convention on the Taking of Evidence Abroad and
the Inter-American Convention on Serving Criminal Sentences Abroad.
On July 21, 2022, the Permanent Mission of Panama to the OAS, informed the depositary of the designation
of the Órgano Judicial de la República de Panamá as the central authority for the purpose
of the following instruments: the Inter-American Convention Inter-American Convention on Letters Rogatory,
the Additional Protocol to the Inter-American Convention Inter-American Convention on Letters Rogatory
and the Inter-American Convention on the taking of evidence abroad.
On November 2, 2022, the Permanent
Mission of Panama to the OAS, informed the
depositary
of the designation of the Órgano Judicial de
la República de Panamá as the central authority
for the purpose of the following instruments: the Inter-American Convention Inter-American Convention
on Letters Rogatory, the Additional Protocol to the Inter-American Convention Inter-American Convention
on Letters Rogatory and the Inter-American Convention on the taking of evidence abroad.
i. Argentina:
On May 23, 2008, Argentina informed the depository on the designation of the
Ministry of Foreign Affairs, International Commerce and Worship / Directorate-General for Legal Affairs
as the central authority )
Text
of the Treaty