B-43: INTER-AMERICAN CONVENTION ON PROOF OF AND INFORMATION ON FOREIGN LAW
ADOPTED AT: MONTEVIDEO, URUGUAY
DATE: 05/08/79
CONF/ASSEM/MEETING: SECOND INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE
INTERNATIONAL LAW
,
ENTRY INTO FORCE: 06/14/80 IN ACCORDANCE WITH ARTICLE 15 OF THE CONVENTION
DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND
RATIFICATIONS)
TEXT: OAS, TREATY SERIES, NO. 53 , ,
UN REGISTRATION: 03/20/89 No. 24393 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-43
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SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF
===============================================================================
Argentina ........... 05/19/86 06/15/87 09/04/87 RA / / j
Bolivia ............. 08/02/83 / / / / / /
Brazil .............. 05/08/79 08/31/95 11/27/95 RA / / g
Chile ............... 05/08/79 12/13/96 01/28/97 RA / /
Colombia ............ 05/08/79 02/07/83 04/28/83 RA 03/01/89 a
Costa Rica .......... 05/08/79 / / / / / /
Dominican Republic .. 05/08/79 / / / / / /
Ecuador ............. 05/08/79 04/23/82 05/11/82 RA / / h
El Salvador ......... 08/11/80 / / / / / /
Guatemala ........... 05/08/79 12/15/87 01/13/88 RA 06/07/88 c
Haiti ............... 05/08/79 / / / / / /
Honduras ............ 05/08/79 / / / / / /
Mexico .............. 08/03/82 1 01/21/83 03/09/83 RA 03/09/83 d
Panama .............. 05/08/79 / / / / / /
Paraguay ............ 05/08/79 07/05/85 08/16/85 RA / /
Peru ................ 05/08/79 04/09/80 05/15/80 RA 09/01/81 e
Spain ............... / / 11/10/87 D b 12/11/87 AD 04/14/88 b
Ukraine ........... / / 03/02/21 05/18/21 AD / / K
Uruguay ............. 05/08/79 D 2 02/12/80 D f 05/15/80 RA 08/30/85 f
Venezuela ........... 05/08/79 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-43. INTER-AMERICAN CONVENTION ON PROOF OF
AND INFORMATION ON FOREIGN LAW
1. Mexico:
Signed ad referendum.
2. Uruguay:
(Declaration made at the time of signature)
The scope of public order:
Uruguay wishes to state that it expressly ratifies the line of
thought enunciated in Panama at CIDIP-I, reaffirming its genuine Pan
American spirit and its clear and positive decision to contribute
with its ideas and endorsement to the successful development of the
legal community.
This line of thinking and conduct has been evidenced in
undoubtable form by the unreserved ratification by Uruguay of all
the Conventions of Panama, approved by Law l4,534 in l976.
In line with the foregoing, Uruguay gives its affirmative vote
to the formula regarding public order. Nevertheless, Uruguay wishes
to state expressly and clearly that, in accordance with the position
it maintained in Panama, its interpretation of the aforementioned
exception refers to international public order as an individual
juridical institution, not necessarily identifiable with the
internal public order of each state.
Therefore, in the opinion of Uruguay, the approved formula
conveys an exceptional authorization to the various States Parties
to declare in a nondiscretionary and well-founded manner that the
precepts of foreign law are inapplicable whenever these concretely
and in a serious and open manner offend the standards and principles
essential to the international public order on which each individual
state bases its legal individuality.
a. Colombia:
(Provided information in accordance with Article 9)
Appointed the Ministry of Foreign Affairs of the Republic of
Colombia as the Central Authority in accordance with the Convention.
b. Spain:
(Declaration made at the time of accession: December 11, 1987)
(Provided information in accordance with Articles 4 and 9)
Appointed the Technical General Secretariat (Secretaría General
Técnica) of the Ministry of Justice, whose address is: San Bernardo
47, Madrid 28015, Spain, as the Central Authority competent to
receive and distribute letters rogatory.
c. Guatemala:
(Provided information in accordance with Articles 4, 9 and
11)
Appointed the Supreme Court of Justice as the Central Authority
competent to transmit, receive and distribute letters rogatory as
provided for in the Convention.
d. Mexico:
(Provided information in accordance with Articles 2, 4, 9 and
11)
Appointed the Secretariat of Foreign Affairs of Mexico as the
Central Authority competent to receive and distribute letters
rogatory.
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. Peru:
(Provided information in accordance with Article 9)
Appointed the Supreme Court of Justice of the Republic as the
Central Authority, by Supreme Resolution No. 0477, dated August 10,
1981, in accordance with the Convention.
On August 4 , 2021, Peru informed the depository on the designation
of the Corte Suprema de Justicia de la República del Perú
as the central authority for the Inter-American Convention
on Proof of and Information on Foreign Law.
f. Uruguay:
(Declaration made at the time of ratification)
With the declaration made at the time of signature.
(Provided information in accordance with Article 9)
Appointed the Ministry of Education and Culture the " Central
Authority for International Legal Cooperation" as the central
authority competent to carry out the functions entrusted to it in
the Convention.
On September 27, 2021, Uruguay informed the depository on the designation
of the Autoridad Central de Cooperación Jurídica Internacional as the central authority.
g.- Brazil:
Designation of Central Authority (January 26, 2007)
On January 26, 2007, Brazil appointed the Ministério da Justiça
as the central authority for the Inter-American Convention on Proof of
and Information on Foreign Law:
Esplanada dos Ministérios,
bl. T, 4 andar, sl. 424,
70000-900, Brasilia, DF,
+ 55 (61) 3429-8900 0
On August 19, 2016, Brazil informed the depository on the designation
as the central authority for the Inter-American Convention on Proof of
and Information on Foreign Law
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 May 23, 2008, Argentina informed the depository on the designation of the
]as the central authority.
On May 18, 2021, Ukraine informed the depository on the designation of the Ministry of Justice
as the central authority competent to carry out the functions entrusted to in the Inter-American Convention
on Proof of and Information on Foreign Law, in concordance with its Article 9.
Text
of the Treaty