B-51: ADDITIONAL PROTOCOL TO THE INTER-AMERICAN CONVENTION ON THE
TAKING OF EVIDENCE ABROAD
ADOPTED AT: LA PAZ, BOLIVIA
DATE: 05/24/84
CONF/ASSEM/MEETING: THIRD INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE
INTERNATIONAL LAW
ENTRY INTO FORCE: 11/28/92 ON THE THIRTIETH DAY FOLLOWING THE DATE IN WHICH
TWO STATES PARTIES HAVE DEPOSITED THEIR INSTRUMENTS OF RATIFICATION OR ACCESSION TO THIS PROTOCOL, IN ACCORDANCE WITH ARTICLE 20 *
DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND RATIFICATIONS)
TEXT: OAS, TREATY SERIES, NO. 65
UN REGISTRATION: / / No. Vol.
OBSERVATIONS: For each State ratifying or acceding to the Protocol after its entry into force, the Protocol shall enter into force on the thirtieth day following deposit by such State of its instrument of ratification or accession, provided that such State is a party to the Inter-American Convention
on the Taking of Evidence Abroad.
* ENTRY INTO FORCE: (Cont.) OF THE
LATTER.
GENERAL INFORMATION OF THE TREATY: B-51
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SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF
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Argentina ........... 10/29/92 R 04/20/92 RS 10/29/92 AD / /
Bolivia ............. 05/24/84 / / / / / /
Brazil .............. 05/24/84 R 1 / / / / / /
Chile ............... 05/24/84 R 2 / / / / / /
Colombia ............ 05/24/84 / / / / / /
Dominican Republic .. 05/24/84 / / / / / /
Ecuador ............. 05/24/84 08/21/95 02/28/96 ra / /
Mexico .............. 12/02/86 02/11/87 DR a 06/12/87 RA / /
Nicaragua ........... 05/24/84 / / / / / /
Paraguay............. 06/02/98
Peru ................ 05/24/84 / / / / / /
Uruguay ............. 05/24/84 3 06/15/09 07/16/09 RA / /
Venezuela ........... 05/24/84 05/20/93 T 08/10/93 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-51: ADDITIONAL PROTOCOL TO THE INTER-AMERICAN CONVENTION ON THE
TAKING OF EVIDENCE ABROAD
1. Brazil:
(Reservation made at the time of signature)
The Delegation of Brazil wishes, under the terms of Article 54
of the Rules of Procedure of CIDIP-III adopted at the first plenary
session on May 16, 1984, to record its reservations to all of
Articles 9, 10, 11, 12, 13, and 16 of the Additional Protocol to the
Inter-American Convention on the Taking of Evidence Abroad, which
was adopted at the second plenary session of CIDIP-III in La Paz on
May 21, 1984.
2. Chile:
(Reservation made at the time of signature)
Pursuant to Article 54 of the Rules of Procedure of CIDIP-III,
the Delegation of Chile expresses its reservations with regard to
Articles 11, 12 and 13 of this Protocol, since it considers them
contrary to its country's legislation.
a. Mexico:
(Declarations and reservations made at the time of ratification)
Article 7
For the effects of this Additional Protocol the Federal
Authority in Mexico is the Ministry of Foreign Affairs. Official
taking of evidence is free of charge, but the Parties must defray
experts' fees, the costs of personnel and any apparatuses required,
expenditures caused to third parties and payment of legal fees for
the issuance of copies and other documents. When concerned parties
do not designate a person responsible for payment for such services,
they must defray such costs directly as specified in Article 6 of
the Protocol.
Article 10
Mexico declares that diplomatic or consular agents accredited in
Mexico may take evidence required in lawsuits carried out in the
accrediting State without using measures of compulsion by summoning
the Parties in the understanding that evidence consisting of oral
deposition by the Parties or third parties must be taken in
diplomatic or consular premises on a
date and time set with sufficient advance notice.
If so requested by the deponents, they may be assisted by duly
qualified interpreters or translators and may have their statements
written in their own language.
Diplomatic or consular agents may not request measures of
compulsion from Mexican judges, inasmuch as such orders are
exclusively applicable to proceedings initiated in the country.
Article 16
Mexico declares that under its law letters rogatory calling for
the exhibition and copying of documents may be processed only when,
in addition to fulfilling the requirements specified in this
Article, they identify the direct relationship between the evidence
or information requested and the pending proceeding.
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 .
b. Argentina:
(Reservation made at the time of ratification)
"The Argentine Republic makes specific reservation to Chapter V,
on the Taking of Evidence by Diplomatic or Consular Agents, which
includes Articles 9, 10, 11, 12 and 13, because it is considered
incompatible with the norms of its domestic law on the matter".
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.
C. Venezuela:
(Reservations made at the time of ratification)
The instrument of ratification contains the following
reservations:
"1. With respect to Article 7:
Venezuela understands that the official taking of evidence is
free, but the parties should pay for expert fees, staff expenses,
expenses incurred by third parties, necessary equipment, legal fees
and for the issuance of copies and other documents. When the
concerned party does not name anyone responsible for paying for
those services, such party should directly pay for them as set forth
in Article 6 of the Protocol.
2. With respect to Article 16:
Venezuela will process the letters rogatory only if they
identify the relationship between the evidence and information
requested and the pending proceeding"
On September 27, 2021, Uruguay informed the depository on the designation of the
Autoridad Central de Cooperación Jurídica Internacional as the central authority.