Multilateral Treaties

 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               

===============================================================================
SIGNATORY COUNTRIES    SIGNATURE REF   RA/AC/AD REF   DEPOSIT INST  INFORMA REF
===============================================================================
Argentina ...........   05/19/86       06/15/87       09/04/87 RA     /  /     
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
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     /  /     
===============================================================================
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)                                
                                                                              
     (Provided information in accordance with Articles 4 and 9)               
                                                                              
   Appointed the Technical General Secretariat (Secretar�a General            
T�cnica) 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.                                                                     
                                                                              
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.                                      
                                                                              
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.
g.- Brazil: 
	Designation of Central Authority (January 26, 2007)

	On January 26, 2007, Brazil appointed the Minist�rio da Justi�a 
as the central authority for the Inter-American Convention on Proof of 
and Information on Foreign Law: 
Esplanada dos Minist�rios, 
bl. T, 4 andar, sl. 424, 
70000-900, Brasilia, DF, 
+ 55 (61) 3429-8900
 
h.- Ecuador
On July 13, 2012, Ecuador  informed on the designation of the 
"Direcci�n de Asuntos Jur�dicos Internacionales del Ministerio de Relaciones Exteriores, 
Comercio e Integraci�n" 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.
 
i.- Paraguay
On March 20, 2015, Paraguay informed on the designation of the "Direcci�n 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.
 

 

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