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B-54: INTER-AMERICAN CONVENTION ON SUPPORT OBLIGATIONSADOPTED AT: MONTEVIDEO, URUGUAYDATE: 07/15/89CONF/ASSEM/MEETING: FOURTH INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE INTERNATIONAL LAW , ENTRY INTO FORCE: 03/06/96 ON THE THIRTIETH DAY FOLLOWING THE DATE OF DEPOSIT OF THE SECOND INSTRUMENT OF RATIFICATIONDEPOSITORY: OAS GENERAL SECRETARIAT (ORIGINAL INSTRUMENT AND RATIFICATIONS) , , TEXT: OAS, TREATY SERIES, NO. 71UN REGISTRATION: / / No. Vol.OBSERVATIONS: For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.GENERAL INFORMATION OF THE TREATY: B-54=============================================================================== SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF =============================================================================== Argentina............ / / 07/18/02 4 09/05/02 AD / / R Belize .............. / / 06/11/97 07/16/97 RA / / Bolivia ............. 07/15/89 08/12/98 10/08/98 RA / / Brazil .............. 01/15/93 06/16/97 07/11/97 RA / / 6 Colombia ............ 07/15/89 / / / / / / Costa Rica .......... 07/01/93 01/19/01 04/26/01 RA / / Ecuador ............. 07/15/89 10/05/00 01/10/01 RA / / 5 Guatemala ........... 07/15/89 D 1 09/13/95 02/05/96 RA / / Haiti ............... 07/15/89 / / / / / / Mexico .............. 04/06/92 07/29/94 2 10/05/94 RA / / Panama .............. 05/28/98 07/21/98 3 03/18/99 RA 03/18/99 Paraguay ............ 07/15/89 08/31/96 05/20/97 RA / / Peru ................ 07/15/89 10/27/05 12/21/05 AD / / Uruguay ............. 07/15/89 06/05/01 08/31/01 RA / / Venezuela ........... 07/15/89 / / / / / / =============================================================================== REF = REFERENCE INST = TYPE OF INSTRUMENT D = DECLARATION RA = RATIFICATION R = RESERVATION AC = ACCEPTANCE INFORMA = INFORMATION REQUIRED BY THE TREATY AD = ACCESSIONB-54. INTER-AMERICAN CONVENTION ON SUPPORT OBLIGATIONS1. Guatemala:(Interpretative declaration made at the time of signature)The Delegation of Guatemala wishes to place on record its interpretation of the provisions of Article 11 of the Inter-American Convention on Support Obligations.In accordance with the civil procedural law in effect in Guatemala, which has the character of public policy law and is applicable to the Convention, what is required, inter alia, for recognition of the extraterritorial validity of a foreign judgment is that said judgment not be rendered in default of the defendant and that equal validity be recognized for national judgments in the country where it was rendered.Consequently, in order to avoid inserting in the text of the Convention requirements that are not applicable to other countries or detracting from one of the principal purposes of this instrument, namely, international cooperation, Guatemala interprets Article 11 e. and 11 f. in terms of its existing procedural law, that is, that the judgment may not be rendered in default of the defendant. Moreover, it is Guatemala's interpretation that the requirement for reciprocal extraterritorial validity is satisfied when the foreign State execution of whose judgment is sought in Guatemala has, like the State of Guatemala, ratified the Convention.2. Mexico :(Interpretative Declaration upon ratification of the Convention)"The Government of Mexico declares, in accordance with Article 3 of the Convention, that it recognizes as support creditors, in addition to those indicated, concubines, collateral kinsmen, such as minors or incompetent persons up to the fourth degree and the adopted in relation to the adopter.The obligation to give support is reciprocal. The person giving such support in turn has the rigth to request it".3.- PANAMA-DECLARATIONS OF THE REPUBLIC OF PANAMA PURSUANT TO ARTICLES 3 AND 18 OF THE INTER-AMERICAN CONVENTION ON SUPPORT OBLIGATIONS, DONE AT MONTEVIDEO, THE EASTERN REPUBLIC OF URUGUAY, JULY 15, 19891. The Republic of Panama, pursuant to Article 3 of the abovementioned Convention, and in conformity with its domestic law, declares that support is a financial obligation that shall be commensurate with the financial resources of the support debtor and the needs of the support creditor. It includes the provision of:Food, medical care, and medicine;Clothing and housing;The funds required to obtain primary or higher instruction or training in an art or trade, even after the child s majority has been attained, to a maximum of twenty-five (25) years of age, provided that studies are being pursued efficiently in terms of time and that academic performance is satisfactory, unless the individual has a profound disability, in which case for as long as he or she requires it;In the case of minors, everything required for their comprehensive development from time of conception.The following are also obliged to provide mutual support:Spouses;The ascendants and descendants. Siblings shall only be required to provide one another with the assistance required to sustain life, when required for any reason not imputable to the support debtor, and shall be extended, where in order, to support for educational purposes.Support shall be required, where in order and where there are two (2) or more parties obliged to provide it, in the following order, from:The spouse;The descendants of the closest degree of consanguinity;The ascendants, also of the closest degree of consanguinity;The siblings, but half-brothers and sisters shall only be obliged to make support in the final order of precedence;The ascendants and descendants shall be preferred for purposes of support in the order of intestate or legal succession from the support creditor.If the preferred party does not have the financial resources to meet the financial obligation wholly or in part, such obligation shall be imposed totally or in part upon the next party in the abovementioned order of preference.The judge may, as part of a divorce decree, make a support order in favor of the innocent spouse against the culpable spouse. The amount of support shall be determined so that the spouse may conserve the social status he or she enjoyed during the marriage and the support order shall be reversed when it is no longer required, or when the beneficiary remarries. A person who is not yet born (nasciturus) shall have the right to prenatal support.2. In addition, the Republic of Panama, pursuant to Article 18 of the Convention, declares that the procedural law of Panama shall govern jurisdiction of the courts and the proceedings for recognition of a foreign support order.Panama, January 13, 19994.- Argentina -Designation of Central Authority5th September 2002 Ministerio de Relaciones Exteriores, Comercio Internacional y Culto - Dirección General de Asuntos Jurídicos5.- Ecuador:Designation of Central Authority (January 13, 2005) On January 13, 2005, the Government of Ecuador appointed the following central authority in regards of the Inter-American Convention on Support Obligations:Dr. Iván Gomezjurado Cevallos Presidente Consejo Nacional de la Niñez y la Adolescencia Edificio Tarqui, Santa María y Amazonas Quito, Ecuador Phone: (593) 9 872 00296.- 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 Support Obligations:Esplanada dos Ministérios, bl. T, 4 andar, sl. 424, 70000-900, Brasilia, DF, + 55 (61) 3429-8900
