|
Signatories and Ratifications
ADOPTED AT: WASHINGTON, D.C., UNITED STATES
DATE: 02/17/40
CONF/ASSEM/MEETING: GENERAL SECRETARIAT OF THE ORGANIZATION OF AMERICAN STATES
ENTRY INTO FORCE: FOR EACH COUNTRY ON THE DATE OF SIGNATURE, IN ACCORDANCE WITH ARTICLE XII
OF THE PROTOCOL
DEPOSITORY: OAS GENERAL SECRETARIAT (ORIGINAL INSTRUMENT AND RATIFICATIONS)
TEXT: OAS, TREATY SERIES, NO. 27
UN REGISTRATION: 03/03/53 No. 487 Vol. 161
OBSERVATIONS: In accordance with Article XII the Protocol is operative as respects each
High Contracting Party on the date of signature by such Party, except when signed ad referendum,
in which case it does not take effect, with respect to such State, until after the deposit of the instrument of ratification.
GENERAL INFORMATION OF THE TREATY: C-6
===============================================================================
SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF
===============================================================================
Bolivia ............. 09/26/40 D 1 / / / / / /
Brazil .............. 09/06/40 D 2 / / / / / /
Colombia ............ 05/25/40 R 3 04/02/43 R a 06/10/43 RA / /
El Salvador ......... 05/21/40 6 12/09/40 R b 02/06/41 RA / /
Mexico .............. 12/15/51 R 4 05/12/53 R c 06/24/53 RA / /
Nicaragua ........... 05/27/40 6 / / / / / /
Panama .............. 04/10/40 6 / / / / / /
Paraguay
...........
06/02/98 6 / /
/ / / /
United States ....... 10/03/41 6 04/03/42 04/16/42 RA / /
Venezuela ........... 02/20/40 R 5 10/09/41 R d 11/03/41 RA / /
===============================================================================
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/WITHDRAWS
(Declaration made at the
time of signature)
The Representative of
Bolivia signs ad referendum this Protocol with the following clarification
regarding Article I, Section 2:
For the
correct application of Article I, Section 2 of the Protocol on Uniformity of
Powers of Attorney in the territory of the Republic of Bolivia, it is
necessary that the notary or official charged with the authentication of
documents insert in the Powers of Attorney which are issued by delegation or
by substitution the integral text of the original Powers of Attorney and of
all those documents which prove the legal capacity of the person conferring
the power.
(Declaration made at the
time of signature)
Brazil did not sign ad
referendum, and consequently the Protocol entered into force with respect to
that country on the date of signature, the sixth of September, 1940.
(Reservation made at the
time of signature)
The Plenipotentiary of Colombia signs the Protocol on Powers of
Attorney ad referendum to approval by the National Congress, making the
reservation that the Legislation of Colombia, in Article 2590 of
the Civil Code, provides that notaries are responsible only for the formal
part and not for the substance of the acts and contracts which they
authenticate.
Signed ad referendum with
the following reservation:
The Government of the
United Mexican States, in accepting the provisions of Article IV, makes the
express declaration that aliens who are required, for the performance of
certain acts, to enter into the agreement or waiver referred to in Section I
of Article 27 of the Political Constitution of the United Mexican States,
must grant a special power of attorney, expressly including as one of its
provisions the agreement and waiver above-mentioned. Section I of
Article 27 of the Constitution reads as follows: "Only Mexicans by
birth or by naturalization, and Mexican companies, have the right to acquire
the ownership of lands, waters, and their appurtenances, or to obtain
concessions for the exploitation of mines, waters, or mineral fuels in the
Mexican Republic. The State may grant the same right to aliens,
provided they enter into an agreement before the Secretariat of Foreign
Relations to be considered as Mexicans with respect to such property, and
not to invoke, therefore, the protection of their governments in any matter
relating thereto; under the penalty, in the event they violate the
agreement, of forfeiture to the nation of property they have acquired by
reason
thereof. Under no circumstances may foreigners acquire direct
ownership of lands and waters within a zone of one hundred kilometers along
the seashore."
(Reservation made at the
time of signature)
The Representative of
Venezuela signed the Protocol with the following modification of Paragraph I
of Article I:
1. If the power of
attorney is executed by or on behalf of a natural person, the attesting
official (notary, registrar, clerk of court, judge or any other official
upon whom the law of the respective country confers such functions) shall
certify from his own knowledge to the identity of the appearing party and to
his legal capacity to execute the instrument, according to documents which
the latter has produced.
6. El Salvador,
Nicaragua, Panama and United States:
(Reservation made at the
time of ratification)
With the reservation made
at the time of signature.
(Reservations made at the
time of ratification)
(a)
Article IX, as respects its application in El Salvador, shall be considered
as reading as follows:
Article IX.
The powers of attorney granted in any of the countries of the Pan American
Union in accordance with the foregoing provisions and in conformity with the
laws of the country of origin,
shall, for their utilization in any other country of the Union, be
considered as granted before a competent notary of the country in which they
may be used, without prejudice, however, to the necessity
of protocolization of the instrument in the cases referred to in Article
VII.
(b)
The reservation is made to Article VIII that official activity of the
attorney, as plaintiff or defendant, cannot be admitted in judicial or
administrative matters for which Salvadorian laws require that
representation be accredited by a special power of attorney.
(Reservation made at the
time of ratification)
With the reservation made
at the time of signature.
(Reservation made at the
time of ratification)
With the reservation made
at the time of signature.
(Reservation made upon
approval of the Protocol)
The Government of the
Dominican Republic abstains from signing the Protocol, "because several of
its provisions collide substantially with Dominican legislation or lack of
provisions that exist in our laws, or they are inconvenient from the general
point of view.
|