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 =============================================================================== SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF =============================================================================== Argentina ........... 05/19/86 01/25/87 03/25/87 RA / / 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 / / =============================================================================== 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. 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) e. Uruguay: (Provided information in accordance with Article 11) Appointed the Ministry of Education and Culture "Asesoría Autoridad Central de Cooperación Jurídica Internacional" as the Central Authority competent to carry out the functions entrusted to it in the Convention. ( August 30th, 1985) 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) g. Ecuador (Declaration made at the time of ratification)De conformidad con lo que dispone el artículo 15 de la referida Convención declárase que se extienden sus normas a la tramitación de exhortos o cartas rogatorias que se refieren a la recepción u obtención de pruebas en materia penal, laboral contencioso-administrativa, juicios arbitrales u otras materias objeto de jurisdicción 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:Designation of Central Authority - Ministry of External Affairs (September 5, 2001)
Text of the Treaty