B-46: ADDITIONAL PROTOCOL TO THE INTER-AMERICAN CONVENTION ON LETTERS ROGATORY
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 9 OF THE PROTOCOL
DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND RATIFICATIONS)
TEXT: OAS, TREATY SERIES, NO. 56
UN REGISTRATION: 03/20/89 No. 24386 Vol.
OBSERVATIONS: The Protocol shall remain open for signature and subject to ratification or accession by those Member States of the OAS that have signed, ratified, or acceded to the Inter-American Convention on Letters Rogatory, signed in Panama on January 30, 1975.
GENERAL INFORMATION OF THE TREATY: B-46
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SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF
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Argentina ........... 05/19/86 06/15/87 07/17/87 RA / /
Bolivia ............. 08/02/83 / / / / / /
Brazil .............. 05/08/79 08/31/95 11/27/95 RA / / j
Chile ............... / / 11/20/89 D 01/11/90 AD 11/20/89 e
Colombia ............ 05/08/79 02/17/95 04/28/95 RA 04/15/99
Costa Rica .......... 05/08/79 / / / / / /
Dominican Republic .. 05/08/79 / / / / / /
Ecuador ............. 05/08/79 g 04/27/82 05/18/82 RA 04/23/84 a
El Salvador ......... 08/11/80 09/11/00 01/24/02 RA / /
Guatemala ........... 05/08/79 01/06/88 02/26/88 RA / /
Haiti ............... 05/08/79 / / / / / /
Honduras ............ 05/08/79 / / / / / /
Mexico .............. 08/03/82 1 01/21/83 03/09/83 RA 03/09/83 b
Panama .............. 05/08/79 06/27/91 08/28/91 RA 10/04/91 f
Paraguay ............ 05/08/79 07/05/85 08/16/85 RA / /
Peru ................ 05/08/79 04/09/80 05/15/80 RA / /
United States ....... 04/15/80 11/10/86 DR 07/28/88 RA 07/28/88 d
Uruguay ............. 05/08/79 D 2 02/12/80 D 05/15/80 RA 08/30/85 c
Venezuela ........... 05/08/79 08/27/91 10/16/91 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
*DECLARATIONS/RESERVATIONS/DENUNCIATIONS/WITHDRAWALS
B-46: ADDITIONAL PROTOCOL TO THE INTER-AMERICAN CONVENTION ON LETTERS ROGATORY
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 number 14,534 in 1976.
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. Ecuador:
(Provided information in accordance with Article 2)
Appointed the Asesoría Técnico-Jurídica of the Ministry of
Foreign Affairs of Ecuador as the Central Authority competent to
carry out the functions entrusted to it in the Protocol. ( April
23rd, 1984)
b. Mexico:
(Provided information in accordance with Article 2)
Appointed by the Secretariat of Foreign Affairs of Mexico as the
Central Authority competent to receive and distribute letters
rogatory as provided for in the Protocol.
c. Uruguay:
(Declaration made at the time of ratification)
With the declaration made at the time of signature.
(Provided information in accordance with Articles 2, 6 and 7)
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 Protocol. ( August 30th, 1985 )
Moreover, the Government of Uruguay informed that, "For the
purposes indicated in Articles six and seven of the above-cited
Protocol, I wish to state that the single fixed amount of the cost
of the services necessary for execution of the letter rogatory will
be twenty readjustable units or its equivalent in currency. Also
the schedule of the services that must be paid directly by the
interested party will be limited to the possibility of resorting to
the need for the services of appraisers, experts and other
assistants in the case affected."
d. United States:
(Reservations made at the time of ratification)
1. Pursuant to Article 2 b) of the Inter-American Convention on
Letters Rogatory, letters rogatory that have as their purpose the
taking of evidence shall be excluded from the rights, obligations
and operation of this Convention between the United States and
another State Party.
2. In ratifying the Inter-American Convention on Letters
Rogatory, the United States accepts entry into force and undertakes
treaty relations only with respect to States which have ratified or
acceded to the Inter-American Convention alone.
(Provided information in accordance with Article 2)
Pursuant to Article 4 of the Convention and Article 2 of
the
Additional Protocol, the Government of the United States withes to
inform the Secretary General that the Department of Justice is the
Central Authority competent to receive and distribute letters
rogatory. The mailing address for these purposes is:
Office of International Judicial Assistance
Civil Division
Department of Justice
Todd Building, Room 1234
550 11th Street, N.W.
Washington, D.C. 20530
(Declarations made at the time of ratification)
Pursuant to Article 6 of the Additional Protocol, the Government
of the United States declares that the United States reserves the
right to charge a total of twenty-five dollars for performance of
the services referred to therein.
Pursuant to Article 7 of the Additional Protocol, the Government
of the United States declares that the aforementioned charge shall
be waived on a reciprocal basis for the execution of a letter
rogatory emanating from any State Party to both the Convention and
Additional Protocol and may be otherwise appropriate.
e. Chile:
(Declaration made at the time of accession)
In accordance with Article 6, the single fixed amount of the
cost referred to in this provision shall be of twenty-five U.S. dollars.
f. Panama:
(Provided information in accordance with Article 2 of the Protocol)
On October 4, 1991, Panama designated the Ministry of Foreign
Affairs as the Central Authority competent pursuant to the functions
of article 2 of the Protocol .
g. Ecuador
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 Protocol.
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.
The Government of Colombia has designated the Ministry of Foreign Affairs,
Carrera 6 No.9-46 Santa Fe de Bogota, D.C. Colombia tel. 57-1-2 832800
fax 57-1-2 866055, 2 861813 as the Central Autority competent pursuant
to the functions of article 2 of the Protocol.
Appointed the Supreme Court of Justice as the Central Authority on
January 24, 2002.
Declaration made at the time of ratification:
"According to domestic law, pursuant to Article 181 of the Constitution
of the Republic, no charge shall be made for the execution of letters
requisitorial or rogatory in this country (January 24, 2002)."
Designation of Central Authority (January 26, 2007)
On January 26, 2007, Brazil appointed the Ministério da Justiça
as the central authority for the Additional Protocol to the Inter-American
Convention on Letters Rogatory:
Esplanada dos Ministérios,
bl. T, 4 andar, sl. 424,
70000-900, Brasilia, DF,
+ 55 (61) 3429-8900
