HAGUE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRA-JUDICIAL DOCUMENTS IN CIVIL AND COMMERCIAL MATTERS


DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL OR THE FOREIGN CENTRAL AUTHORITY FOR THE CONVENTION.

IN FORCE :..ANGUILLA 3 , ANTIGUA AND BARBUDA, ARGENTINA 7 , ARUBA 5 , BAHAMAS, BARBADOS, BELARUS, BELGIUM, BELIZE 1 , BERMUDA 3 , BOTSWANA, BRITISH VIRGIN ISLANDS 3 , BULGARIA 7,13 , CANADA, CAYMAN ISLANDS 3 , CHINA 2 , 7 , CYPRUS, CZECH REPUBLIC 2 , 7 , DENMARK, DJIBOUTI (formerly Afars and Issas) 1 , EGYPT 7 , ESTONIA, FALKLAND ISLANDS AND DEPENDENCIES 3 , FIJI 1,3 , FINLAND, FRANCE (including French Overseas Departments), FRENCH POLYNESIA 4 , GERMANY 7, 8, 9 , GIBRALTAR 3 , GREECE 10 , GUERNSEY 3 , HONG KONG SAR 3 , IRELAND, ISLE OF MAN 3 , ISRAEL, ITALY, JAPAN, JERSEY 3 , KIRIBATI (formerly Gilbert Islands and Central and Southern Line Islands) 1 , 3 , KOREA, Republic of (SOUTH KOREA) 7,14 , LATVIA, LITHUANIA 7 , LUXEMBOURG 11 , MACAU SAR 6 , MALAWI, MEXICO, MONTSERRRAT 3 , NETHERLANDS, NEVIS 1 , NORWAY 7 , PAKISTAN, PITCAIRN 3 , POLAND, PORTUGAL, RUSSIAN FEDERATION, ST. CHRISTOPHER (KITTS) 1 , ST. HELENA AND DEPENDENCIES 3 , ST. LUCIA 1 , ST. VINCENT AND THE GRENADINES 1 , SEYCHELLES, SLOVAK REPUBLIC 2 , 7, SLOVENIA , SOLOMON ISLANDS 1 , SPAIN, SRI LANKA 7 , SWEDEN, SWITZERLAND 7 , TURKEY 7 , TURKS AND CAICOS ISLANDS 3 , TUVALU (formerly Ellice Islands) 1 , UKRAINE, UNITED KINGDOM, UNITED STATES 12 , VENEZUELA 7 .

1 This country achieved independence. No declaration has been made on the continuation in force of the Convention. We have requested the assistance of the Hague Conference on Private International Law in ascertaining from these countries whether they are applying the Convention.

2 In accordance with Article 34(1) of the Vienna Convention on Succession of States in Respect of Treaties, the U.S. view is that when a country which is a party to a multilateral treaty or convention has dissolved, the successor state(s) inherit the treaty obligations of the former government, consistent with Article 34 of the Vienna Convention on Succession of States in Respect of Treaties. However, as a practical matter, the custom is for depositaries to expect a notice of succession to confirm that the new entity is performing its treaty obligations. Many newly independent states may not really be implementing such conventions at this time in that they may be performing the functions set forth in the Convention. We continue to work with these governments and the depositories to obtain confirmation that the respective successor state is complying with treaty obligations.

3 The Convention was extended to this territory, possession or other jurisdiction by the United Kingdom.

4 The Convention was extended to this territory, possession or other jurisdiction by France.

5 The Convention was extended to this territory, possession or other jurisdiction by the Netherlands.

6 The Convention was extended to this territory, possession or other jurisdiction by Portugal.

7 Argentina, China, the Czech Republic, Egypt, Germany, Greece, Latvia, Lithuania, Luxembourg, Norway, Poland, the Republic of South Korea, the Slovak Republic, Sri Lanka, Switzerland, Turkey, Ukraine, and Venezuela have notified the Hague Conference on Private International Law on accession, ratification or subsequently that they object to service in accordance with Article 10, sub-paragraph a of the Convention, via postal channels.

8 The Hague Service Convention provision for service by a Central Authority is the exclusive method for service of process in the Federal Republic of Germany.

9 On November 19, 1992, the Federal Republic of Germany advised the depositary for the Convention that notwithstanding the provisions of the first paragraph of Article 15, a German judge may give judgment even if no certificate of service or delivery has been received, if all the following conditions are fulfilled: the document was transmitted by one of the methods provided for in the Convention; a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document; no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed. In addition, Germany advised that an application for relief in accordance with Article 16 will not be entertained if it is filed after the expiration of one year following the termination of the time-limit which has not been observed.

10 On November 23, 1989, Greece informed the depositary government for the Convention that the judges of Greece may give judgment if all the conditions in Article 15, paragraph 2(a),(b) and (c) of the Convention are fulfilled even if no certificate of service or delivery has been received.

11 Luxembourg communicated the withdrawal of its declaration opposing service through postal channels in accordance with Article 10(a) of the Convention in a Note to the Government of the Netherlands dated June 2, 1978.

12 As of June 28, 1978, the United States will not charge a fee for service of judicial documents which it receives from any State Party to the Convention which does not impose a charge for service of documents sent from the United States for service under the Convention. On March 31, 1994, the Government of the United States declared that the Convention shall also be extended to the Commonwealth of the Northern Mariana Islands.

13 In accordance with Article 28, second paragraph, the Convention will enter into force for the Republic of Bulgaria in the absence of any objection from a State which has ratified the Convention before the deposit of the accession, notified to the Ministry of Foreign Affairs of the Netherlands within a period of six months after the date on which the Ministry has notified it of the accession. For practical reasons, this six months'' period will run from January 31, 2000 to July 31, 2000. The Republic of Bulgaria objects to the use of channels of transmission for service mentioned in Article 10 of the Convention. The Republic of Bulgaria requires the document, which is to be served, to be written in or accompanied by a translation into the Bulgarian language. The Republic of Bulgaria designates the district courts as authorities which are competent to complete the certificate (Article 6, paragraphs 1 and 2).

14 Ratified Convention January 13, 2000; in accordance with Article 28, second paragraph, the Convention will enter into force for the Republic of Korea in the absence of any objections from a State which has ratified the Convention before the deposit of the accession, notified to the Ministry of Foreign Affairs of the Netherlands within a period of six months after the date on which the Ministry has notified it of the accession. For practical reasons, this six month''s period will run from January 31, 2000 to July 31, 2000. Pursuant to Article 10, the Republic of Korea objects to the following: a) the freedom to send judicial documents, by postal channels, directly to persons abroad, b) the freedom of judicial officers, officials or other competent persons of the State of origin to effect service of judicial documents directly through the judicial officials or other competent persons of the State of destination, c) the freedom of any person interested in a judicial proceeding to effect service of judicial documents directly through judicial officers, officials or other competent persons of the State of destination.

CITATIONS

20 U.S.T. 361

658 U.N.T.S. 163

T.I.A.S. No. 6638

28 U.S.C.A. (Appendix following Rule 4 FRCvP)

16 I.L.M. 1339 (1977)

Martindale-Hubbell Law Directory, Law Digest Volume, Selected International Conventions

U.S. CENTRAL AUTHORITY

Office of International Judicial Assistance
Civil Division
Department of Justice
1100 L Street, NW
Room 11006
Washington, D.C. 20530
(202) 307-0983

PURPOSE

The Hague Service Convention codifies service of process by international registered mail and by agent. The treaty also provides for service of process by a Central Authority (usually the Ministry of Justice) in the Convention countries pursuant to a request submitted on a form USM-94, available at the office of any United States Marshal. The text of the treaty is self-explanatory, but see the reservations and declarations each country made on accession to the treaty. Some countries made specific reservations against particular methods of service. The Convention method should be employed in all countries party to it.

SCOPE OF THE CONVENTION

This question was raised at the first Special Commission meeting on the operation of the Convention. The applicability of the Convention to administrative cases is generally decided on a case-by-case basis. See Commission Reported, cited under References.

REQUEST FOR SERVICE FORM (USM-94)

You may obtain a copy of the Request for Service form (USM-94) from the local office of the U.S. Marshal''s Service. Further information on the treaty may be obtained from the Supervisory Deputy for process at the nearest U.S. Marshal''s office. You may also contact Headquarters, U.S. Marshal''s Service, 202-307-9110. (See also Memo No. 386, Revision No. 3, at the U.S. Marshal''s office or at Vol. l6, Intl Legal Materials, l33l, (1977) Am. Soc. Intl. Law).

COMPLETE THE FORM

The completed request form and documents to be served, with accompanying translations (2 copies of each), should be mailed directly to the foreign central authority as provided by Article 3 of the Convention.

FEDERAL AUTHORITY FOR ATTYS TO COMPLETE AND SEND FORM

Effective February 26, l983 Public Law 97-462 amended Rule 4 of the Federal Rules of CivilProcedure regarding service of process. Pursuant to this change in Rule 4(c)2(A) the U.S. Marshal will no longer transmit Form USM-94 directly to the foreign central authority of a country party to the Hague Service Convention. Rather, the attorney representing the party seeking service should execute the portion of Form USM-94 marked "Identity and Address of the Applicant" and the "Name and Address of the Requesting Authority" portion of the Summary of the Document to be Served.

CITE AUTHORITY

A reference to the statutory authority to serve the document should appear prominently on the request, stating that "service is requested pursuant to Rule 4(c)2(A), U.S. Federal Rules of Civil Procedure" which authorizes any person who is not a party and is not less than 18 years of age to serve a summons and complaint.

STATE COURT ACTIONS

In actions pending in state courts, state law designates the person authorized to effect service. Requests pending in state courts should specify that the request is made pursuant to Rule 4(c)2(A) of the U.S. Federal Rules of Civil Procedure and any pertinent state law. See U.S. Marshal''s Memo 386, [p. 14, footnote 11,] 16 I.L.M. 1331 et seq. (1977) for guidance on service requests in actions pending in state courts.

DESIGNATING METHOD OF SERVICE TO BE USED BY CENTRAL AUTHORITY

Fill in the USM-94 in duplicate, designating the method of service to be used by the foreign Central Authority.

FORMAL SERVICE

(Article 5, paragraph 1, sub-paragraph a)The Central Authority itself serves or arranges to have served "by a method prescribed by its internal law for the service of documents in domestic actions upon persons who are within its territory". Generally, documents to be served in accordance with this method must be translated into the official language of the country. See the Practical Handbook on the Convention for specific information, or consult the U.S. Central Authority.

INFORMAL DELIVERY

(Article 5, paragraph 2)Unless a particular method is requested, the document may always be served by delivery to an addressee who accepts it voluntarily. This method of informal delivery is by far the most broadly used approach in a substantial number of Contracting States. The person who delivers the document is often a police official. In most cases, the addressees accept the document voluntarily or come down to pick it up at the police station, which dispenses with the need for translation of the documents to be served.

PERSONAL SERVICE

(Article 5, paragraph 1, sub-paragraph b)If personal service is required, delete methods (a) and (c) on the Request for Service form (USM-94) and indicate method (b) on the form, noting that the documents should be served personally upon the person or company to be served.

TRANSLATIONS

Unless the party to be served will accept service voluntarily, the documents to be served must be accompanied by a translation into the official language of the foreign country. See Ristau, International Judicial Assistance (Civil and Commercial), International Law Institute, 1995, Vol. 1, Section 4-2-3(5), pp. 133-138. See Teknekron Management Inc. v. Quante Fernmeldtechnik Gmbh, 115 F.R.D. 175 (D. Nev. 1987); Vornees v. Fischer & Krecke, 697 F. 2d 574, 575 (4th Cir. 1983)

COSTS

There are generally no costs incurred in connection with service through the central authority under the Convention. However, if personal service is made and the person to be served resides in some remote location, some fees may be charged. The fees will be billed to the requester by the foreign central authority.

TIME FRAME

There is no specific time frame for serviceprovided for in the Convention. However, the Hague Conference on Private International Law advises that most Convention central authorities generally accomplish service within two months.

PROOF OF SERVICE

On the reverse side of the Request for Service form is a Certificate of Service form. The certificate, which serves as proof of service, is completed and mailed directly to the requesting party by the foreign central authority after service has been effected.

SERVICE OTHER THAN BY CONVENTION CENTRAL AUTHORITY
SERVICE THRU CONSULAR & DIPLOMATIC CHANNELS

(Articles 8 and 9)U.S. consular officers are prohibited by Federal regulations from effecting service of process in private matters. See 22 CFR 92.85.

SERVICE BY POSTAL CHANNELS

(Article 10, sub-paragraph a)American courts have consistently held that international mail service of civil summonses is not proper in the case of States party to the Hague Service Convention which have entered an appropriate reservation under Article 10 thereof. See Ristau, Vol. 1, Section. 4-1-6, pp. 121.3-121.9. See also, Epstein, International Litigation, A Guide to Jurisdiction, Practice and Strategy, 2nd., 1994, Section 4.04(3), pp. 4-14-4-19.

Argentina, China, the Czech Republic, Egypt, Germany, Greece, the Republic of South Korea, Latvia, Lithuania, Luxembourg, Norway, Poland, the Slovak Republic, Sri Lanka, Switzerland, Turkey, Ukraine, and Venezuela have notified the Hague Conference on Private International Law on accession, ratification or subsequently that they object to service in accordance with Article 10, sub-paragraph a of the Convention, via postal channels.

SELECTED CASES: Re Hunt''s Pier Associates Debtor, 156 Bankr, 464 (E.D. Pa. 1993); Grand Entertainment v. Star Media Sales, 988 F. 2d 476 (3rd Cir. 1993); Peabody Holding Co. v. Lotain Group PLC, 808 F. Supp. 1425 (E.D. Mo. 1992); Perfumer''s Workshop, Ltd. v. Roure Bertrand du Pont, S.A., 737 F. Supp. 785 (S.D.N.Y. 1990); Wilson v. Honda Motor Co. Ltd, 766 F. Supp. 339 (E.D. Tenn 1991); Honda Motor Co., Ltd., v. Superior Court (10 Cal. App. 4th 1043, 12 Cal. Rptr 2d 861 (1992); Sheets v. Yamaha Motor Co. Ltd., (891 F. 2d 533 (5th Cir. 1990)); Bankston v. Toyota Motor Corp. (889 Fed. Rptr, 2d Series, 172, (8th Cir. 1989; W.D. Ark., 4 Jan 1989); Suzuki Motor CO., Ltd. v. Superior Court (200 Cal. App. 3d 1476, 249 Cal. Rptr. 376 (1988); Hantover Inc. v. Omet S.N.A., 688 F. Supp. 1377 (W.D. Mo. 1988); Turick v. Yamaha, (121 F.R.D. 32 (S.D.N.Y. 1988)); Cooper v. Makita Electric Works Ltd., 117 F.R.D. 16 (1987); Ackermann v. Levine (788 F. wd 830 (2d Cir. 1986); , Pochop v. Toyota Motor Co. Ltd., 111 F.R.D. 464 (1986), Mommsen v. Toro Co., 108 F.R.D. 444 (1985); DeJames v. Magnificence Carriers, Inc., 654 F.2d 280 (3d Cir. 1981); Porsche v. Superior Court, 177 Cal. Rptr. 155 (1981); Cintron v. W&D Machinery Co. Inc., 182 N.J. Super. 126, 440 (A. 2d 76 (1981)); Kadota v. Hosogai, 608 P. 2d 68 (Ct. of Appeals, Ariz, 1980); Shoei Kako Co. v. Superior Court, 33 Cal. App. 3d 808, 109 Cal. Rptr. 402 (1973).

But see, Umbenhauer v. Woog, 959 F. 2d 25, (3rd Cir, 1992) which held that objections from foreign governments cannot justify non-compliance with the Federal Rules of Civil Procedure for service of process by international mail. It should be noted that the country in question, Switzerland, was not a party to the Hague Service Convention at that time, and thus did not file formal objection to service by postal channels under Article 10(a). Formal objections to this method of service made at the time of accession or subsequently in accordance with the Convention are honored as a Treaty obligation.

Note: With respect to the debate in the courts regarding the validity of service by mail in Japan, see our country specific flyer, Service of Process in Japan, via our autofax service or at our Internet Home Page.

BUT SEE , FTC v. Compagnie de Saint-Gobain-Pont-a-Mousson, 636 F. 2d 1327, n. 150 (D.C. Cir. 1980) on the issue of service via international registered mail when the document to be served is not compulsory or punitive when there is no treaty obligation to refrain from such methods of service. See also, Digest of United States Practice in International Law, Department of State, Office of the Legal Adviser, 1980 p. 457.

TRANSLATIONS AND SERVICE BY MAIL

Translation of documents to be served by registered mail is not strictly required by the Convention. Courts have ruled that the translation requirement of Article 5 applies only to service of documents by the foreign Central Authority, and not direct postal service. See Lemme v. Wine of Japan Import, Inc., 631 F. Supp. 456, 463-64 (E.D.N.Y. 1986). See also Greenfield v. Suzuki Motor Co., Ltd., 776 F. Supp. 698, 701-703 (E.D.N.Y. 1991). See Epstein, International Litigation: A Guide to Jurisdiction, Practice and Strategy, , 2nd, 1994, Section 4.04(1), p. 4-13. But see, Ristau, Vol 1, Section 4-3-1(2), p. 142 for a discussion of challenges which can occur if documents are not served in the language the recipient understands.

SERVICE THRU JUDICIAL OFFICERS

(Article 10, sub-paragraphs b and c)Permits the judicial officers, officials and other competent persons of the state of origin to effect service of judicial documents through the efforts of the judicial officials of the state of destination, unless the latter state objects to this method.

SEE ALSO Volkswagenwerk Aktiengesellschaft v. Schlunk, 108 S. Ct. 2104, 100 L. Ed. 2d 722, 27 I.L.M. 1093 (15 June 1988) on the issue of service on an agent for a foreign corporation in the United States.

FOREIGN CENTRAL AUTHORITIES

The Hague Conference on Private International Law Handbook on the Operation of the Hague Service Convention provides the following addresses of foreign central authorities:

ANDORRA:

1. El Ministre d''Afers Exteriors

2. El Ministre de Justícia i Interior

All legalization requests are centralized through the following address:

Ministeri d''Afers Exteriors
Prat de la Creu
Edifici del Govern
Andorra la Vella
Principat d''Andorra

Tel.: 376-875-700
Fax: 376-869-559
E-mail: exteriors.gov@andorra.ad

ANGUILLA:
The Registrar of the Supreme Court
Anguilla

ANTIGUA & BARBUDA:
(1) The Governor General
Antigua and Barbuda;

(2) Registrar of the High Court
High Street
St. John''s, Antigua, West Indies
tel: 809-462-3147

ARGENTINA:
Acceded to the Convention: February 2, 2001
Enters into Force: December 1, 2001

Central Authority: Ministry of Foreign Affairs, International Trade and Worship
Treaty Bureau
Esmeralda 1212 - 15th. Fl.
1007 Buenos Aires
Tel: (5411) 4819-7000
4819-8015

Argentina made the following declarations:

1 - To Article 5, third paragraph: "The ARGENTINE REPUBLIC shall not accept documents to be served or transmitted unless they are accompanied by a translation into the Spanish language."

2 - To Article 21, first paragraph, a): "The Argentine Government designates the Ministry of Foreign Affairs, International Trade and Worship as the Central Authority."

3 - To Article 21, second paragraph, a): "The ARGENTINE REPUBLIC opposes to the use of methods of transmission pursuant to Article 10."

4 - To Article 21, second paragraph, b): "The Argentine Government accepts declarations pursuant to second paragraph of Article 15 and third paragraph of Article 16."

5 - The ARGENTINE REPUBLIC rejects the claimed extension of application of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, adopted at The Hague on November 14, 1965, to the Malvinas, South Georgias and South Sandwich Islands as notified on May 20, 1970 by the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND to the KINGDOM OF THE NETHERLANDS as Depositary of the Convention under the "Falkland Islands and dependencies" inaccurate denomination. Therefore, the ARGENTINE REPUBLIC similarly rejects the designation of the "Registrar of the Supreme Court" in the Malvinas Islands as application authority of this Convention which was made on that same opportunity, as well as any other act derived or that may be derived from this claimed territorial extension.

The General Assembly of the United Nations has recognized the existence of a dispute on the Malvinas, South Georgias and South Sandwich Islands sovereignty and has urged the ARGENTINE REPUBLIC and the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND to hold negotiations in order to find, as soon as possible, a peaceful and definite solution to such dispute, with United Nations Secretary General''s good offices mediation, who shall inform the General Assembly about the progress made (Resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25). The Special Committee on Decolonization having equally declared, has annually adopted a resolution which proclaims that to put an end to this colonial situation the negotiations must be resumed in order to peacefully and definitely solve this sovereignty dispute. The last of these resolutions was adopted on July 1, 1999.

The ARGENTINE REPUBLIC reaffirms its sovereignty on the Malvinas, South Georgias and South Sandwich Islands and its maritime surrounding areas which are an integral part of its national territory."

ARUBA:
The Kingdom of the Netherlands declared that the application of the Convention shall extend to Aruba on 28 May 1986. Entry into Force for Aruba: 27 July 1986 . Effective November 1, 2000, the Central Authority is:

Procurator General
L.G. Smith Boulevard 42-44
Oranjestad, Aruba
Tel: (279) 834-387 / 829-132
Fax: (279) 838-891

BAHAMAS:

Entered into Force: February 1, 1998. Designated Central Authority: "The Honorable Attorney General."

Bahamian Central Authority for the Hague Service
Rhonda Bain
The Attorney General''s Office
PO Box N3007
East Hill Street
Nassau, Bahamas
Tel: (242)-502-0400

BARBADOS:
The Registrar of the Supreme Court of Barbados
Law Courts, Bridgetown, Barbados
tel: 809-42-75537

BELARUS:
Ministry of Justice
Division of Execution of International Treaties
Department of Legal Provision of Foreign Relations
Kollektornaya St. 10
220048 Minsk
Belarus
Contact: Ms. Marina Zhandarova
Telephone: 375-17-211-0185

BELGIUM:
Le Ministere de la Justice
Administration de la Legislation
Place Poelaert 4
1000 Bruxelles
tel: 511-42-00
telex: 62.440 Min Jus

BELIZE:
Now Independent. No formal confirmation to depositary government that Convention applies. Government of Belize authorities have advised the U.S. Embassy that the Convention does apply and that requests for service should be sent to the following central authority:

The General Registry
Supreme Court Building
P.O. Box 87
Belize City, Belize

BERMUDA:
The Registrar of the Supreme Court
Sessions House
21 Parliament St.
Hamilton HM 12, Bermuda
tel: 809-292-1350

BOTSWANA:
The Minister of State in the Office of the President of the Republic of Botswana
Lobatse, Botswana

BRITISH VIRGIN ISLANDS:
The Registrar of the Supreme Court
British Virgin Islands

BULGARIA:
The Republic of Bulgaria designates the Minstry of Justice and European Legal Integration as Central Authority. The same authority is competent to receive the documents forwarded under Article 9, paragraph 1.

CANADA:
To save time, requests should be forwarded directly to the Central Authority of the province or territory concerned. They may, however, also be forwarded to the Federal Central Authority which will transmit them to the relevant Central Authority in the province or territory.

Federal Central Authority:
Director, Legal Advisory Division
Department of External Affairs
125 Sussex Drive
Ottawa, Ontario
Canada K1A 0G2
(613) 995-0119

For Alberta:
Attorney-General for Alberta
Attn: Executive Director - Court Services
9833-109th Street
Edmonton, Alberta
Canada T5K 2E8
tel: (403) 427-4992

For British Columbia:
Ministry of the Attorney-General
for British Columbia
Office of the Deputy Minister
Fifth Floor, 910 Government Street
Victoria, British Columbia
Canada V8V 1X4
tel: (604) 387-5211

For Manitoba:
Attorney-General for Manitoba
c/o Director - Civil Legal Services
Woodsworth Building
6th Floor
405 Broadway
Winnipeg, Manitoba
Canada, R3C 0V8
tel: (204) 945-2847

For New Brunswick:
Attorney-General for New Brunswick
P.O.Box 6000
Fredericton, New Brunswick
Canada, E3B 5H1
tel: (506) 453-2208

For Newfoundland:
Department of Justice
Confederation Building
St. John''s, Newfoundland
Canada A1C 5T7
tel: (709) 576-2869

For Nova Scotia:
Attorney General of Nova Scotia
Legal Services Division
P.O. Box 7
Halifax, Nova Scotia
tel: (902) 424-4024

For Ontario:
Ministry of the Attorney General for Ontario Reciprocity Office: Civil Law Division
18 King St. East
Toronto, Ontario
Canada M5C 1C5
tel: (416) 965-2570

For Prince Edward Island:
Attorney General of Prince Edward Island
Office of the Deputy Minister
P.O. Box 2000
Charlottetown, Prince Edward Island
Canada C1A 7N8
tel: (902) 368-4570

For Quebec:
Ministre de la Justice du Quebec
a/s Le service juridique
1200 route de l''Eglise
5eme etage
Ste-Foy, Quebec
Canada G1V 4M1
(418) 643-1436

For Saskatchewan:
Minister of Justice for Saskatchewan Att. of Director of Sheriff Services
1874 Scarth St., 10th Floor
Regina, Saskatchewan
Canada S4P 3V7
(306) 787-5488

For Yukon:
Director of Court Services
Department of Justice
Box 2703
Whitehorse, Yukon Y1A 2C6
(403) 667-5942

For Northwest Territories:
Deputy Minister of Justice
Government of the Northwest Territories
Box 1320
Yellowknife, Northwest Territories
Canada X1A 2L9
tel: (613) 995-0119

CAYMAN ISLANDS:
Clerk of the Courts
Grand Cayman, Cayman Islands

CHINA:
Bureau of International Judicial Assistance
Ministry of Justice of the People''s Republic of China
10 Chaoyangmen Nandajie
Chaoyang District
BEIJING, 100020
China

CYPRUS:
Ministry of Justice & Public Order
Office of Permanent Secretary
125 Athalassa Avenue
2024 Nicosia,Cyprus

Tel: 357-22-805955
Fax: 357-22-518356

CZECH REPUBLIC:
Ministerstvo Spravedlnosti Ceske Republiky/ Ministry of Justice of the Czech Republic
128 10 Praha 2, Vysehradska 16
Prague, Czech Republic

DENMARK:
Ministry of Justice
Justitsministeriet
Slotsholmsgade 10
1216 Kobenhavn K.
Copenhagen, Denmark
tel: 120906
telex: 15530

DJIBOUTI:
Unknown. Now Independent. Formerly French territory of Afars and Issas. No formal confirmation to depositary government that Convention applies.

EGYPT:
Ministry of Justice
Office of International Judicial Cooperation
New Annex Building 7th Floor
Nobar Street
Abdin, Cairo, Egypt
tel. 011-20-2-795-6059

ESTONIA:
The Ministry of Justice of the Republic of Estonia

FALKLAND ISLANDS:
The Registrar of the Supreme Court
Stanley, Falkland Islands

FIJI:
Chief Registrar of the High Court of Fiji
Government Buildings
Suva, Fiji

Fiji became an independent State October 10, 1970. Prior to that time, Fiji was a dependency of the United Kingdom which extended its accession to the Convention to Fiji. Fiji has never confirmed to the Hague Conference on Private International Law or the Government of the Netherlands whether it considers the Hague Service Convention to apply to Fiji. However, Fijian authorities have provided the U.S. Embassy with the name and address of the Central Authority noted above to whom requests for service under the Hague Convention may be transmitted.

FINLAND:
Ministry of Justice
10 Etelaesplanadi
Helsinki 13, Finland
tel: 358-0-1601

FRANCE:
Ministere de la Justice
Bureau de l''Entraide Judiciaire Internationale D4
13 Place Vendome
75042 Paris (1er), Cedex 01, France
tel: 261-80-22
telex: 211-802F

GERMANY:

For Baden-Wurttemberg:
Justizministerium Baden-Wurttemberg
Schillerplatz 4
70173 Stuttgart, Federal Republic of Germany

For Bavaria
Bayerisches Staatsministerium der Justiz
Justizpalast
Prielmeyerstrasse 7
80335 Muenchen
Munich, Germany
(this is the street address)

(For correspondence the following address should be used):

Bayerisches Staatsministerium der Justiz
80097 Muenchen
Munich, Germany

For Berlin:
Senator fur Justiz
Salzburger Strasse 21-25
10825 Berlin, Germany

For Brandenburg:
Das Ministerium der Justiz
des Landes Brandenburg
Heinrich-Mann-Alee 107
14460 Potsdam, Germany

For Bremen:
Prasident des Landgerichts Bremen
Domsheide 16
28195 Bremen, Germany

For Hamburg:
Prasident des Amtsgerichtes Hamburg
Sievekingplatz 1
20335 Hamburg

For Hesse:
Hessischer Minister der Justiz
Luisenstrasse 13
65185 Wiesbaden, Germany

For Lower Saxony:
Niedersachsisher Minister der Justiz
Am Waterlooplatz 1
30169 Hannover, Germany

For Mecklenburg-Western Pomerania:
Der Minister fur Justiz
Bundes- und Europaangelegenheiten
des Landes Mecklenburg-Vorpommern
Demmlerplatz 14
19053 Schwerin, Germany

For Northrhine-Westphalia:
Justizminister des Landes Nordrhein-Westfalen
Cecilienallee 3
40474 Dusseldorf, Germany

For Rhineland-Palatinate:
Ministerium der Justiz
Ernst-Ludwig-Strasse 3
55116 Mainz, Germany

For Saarland:
Minister der Justiz des Saarlandes
Zahringerstrasse 12
66119 Saarbrucken, Germany

For Saxony:
Sachsisches Staatsministerium der Justiz
Archivstrasse 1
01097 Dresden, Germany

For Saxony-Anhalt:
Ministerium der Justiz
des Landes Sachsen-Anhalt
Wilhelm-Hopfner-Ring 6
39116 Magdeburg, Germany

For Schleswig-Holstein:
Der Justizminister
des Landes Schleswig-Holstein
Lorentzendamm 35
24103 Kiel, Germany

For Thuringia:
Thuringer Justizministerium
Alfred-Hess Strasse 8
99094 Erfurt, Germany

GIBRALTAR:
The Registrar of the Supreme Court
Gibraltar

GREECE:
Ministry of Foreign Affairs
Department of Administrative and Judicial Affairs
D-3 Section, Department 2
Zalakosta 1, Athens, Greece

GUERNSEY:
The Bailiff
Bailiff''s Office
Royal Court House
Guernsey
Channel Islands

HONG KONG SAR (CHINA) / CHINA (HONG KONG SAR):
The Chief Secretary of Hong Kong
Central Government Offices
Lower Albert Road
Hong Kong, tel: 011-852-8102954

ISLE OF MAN:
The First Deemster and Clerk of the Rolls
Roll''s Office
Douglas, Isle of Man

IRELAND:
Master of the High Court
Dublin, Ireland

or

- a practising Solicitor; or
- a Country Registrar; or
- a District County Clerk

ISRAEL:
Director of Courts
Directorate of Courts
Russian Compound
Jerusalem
tel: 246919

ITALY:
The Registry of the Court of Appeal
Rome, Italy

L''Ufficio unico degli ufficiali
giudiziari presso la corte d''appello la corte
d''appello di Roma
Rome, Italy

JAPAN:
The Minister of Foreign Affairs
2-2-1 Kasumigaseki, Chiyoda-ku
Tokyo 100, Japan
tel: 81-3-3581-4015

JERSEY:
The Attorney General
Jersey, Channel Islands

KIRIBATI:
Unknown. Now Independent. No formal confirmation to depositary government that Convention applies. Former Central Authority: Registrar of the High Court

KOREA, REPUBLIC OF (SOUTH KOREA):
Ministry of Court Administration, Attn.: Director of International Affairs, 967, Seocho-dong, Seocho-gu, SEOUL 137-750, Republic of Korea

LATVIA:
Ministry of Justice
Brivibas Boulevard 34
LV - 1536 Riga

LITHUANIA:
Signatory: August 2, 2000
Accession: May 15, 2001
Entry into Force: June 1, 2001

Central Authority: Ministry of Justice
Dept. of International Law
Gedimino 30
Vilnius, Lithuania.

An alternative central authority is the District Attorney, Procuracy General, Smetonos 4, Vilnius, Lithuania.

The instrument of accession of Lithuania contains the following declarations:

And whereas it is provided in Article 2 of the said Convention, the Republic of Lithuania designates the Ministry of Justice of the Republic of Lithuania as a Central Authority to receive requests for service coming from other Contracting States;

And whereas it is provided in Article 8 of the said Convention, the Republic of Lithuania declares that it opposes to the ways of service of documents provided in this Article, unless the documents are to be served upon a national of the State in which the documents originate;

And whereas it is provided in Article 10 of the said Convention, the Republic of Lithuania declares that it is opposed to the ways of service of documents provided in this Article;

And whereas it is provided in paragraph 2 of Article 15 of the said Convention, the Republic of Lithuania declares that the judge of the Republic of Lithuania may give judgment even if no certificate of service or delivery has been received, if all conditions of paragraph 2 of Article 15 are fulfilled;

And whereas it is provided in paragraph 2 of Article 16 of the said Convention, the Republic of Lithuania declares that an application for relief will not be entertained if it is filed after the expiration of one year following the date of the final judgment;...".

LUXEMBOURG:
Parquet general pres la Cour superieure de Justice
12 Cote d''Eich
Luxembourg-Ville
tel: 475981 or 26765 or 41464

MACAU SAR (CHINA) / CHINA (MACAU SAR):
Portugal extended its accession to Macau. Requests for service of process in Macau may be transmitted to the Portuguese Central Authority for forwarding to the Competent Authority in Macau to effect service. See Portugal.

MALAWI:
The Registrar of the High Court of Malawi
P.O. Box 30244
Chichiri
Blantyre 3
Malawi

MEXICO:
Secretaria de Relaciones Exteriores
Direccion General de Asuntos Juridicos
Av. Ricardo Flores Magon No. 1 - Anexo 2
Planta Alta
Colonia Tlatelolco
06995 Mexico, D.F.
tel: 011-52-55-5782-4144

By a Note dated 7 May 2001, the Embassy of Mexico at The Hague informed the depositary of the following: besides English and French, request forms addressed to the Mexican Central Authority should be filled in Spanish, according to Article 7 of the Convention.

MONTSERRAT:
The Registrar of the High Court
Montserrat

NETHERLANDS:
The Public Prosecutor
District Court of the Hague
Juliana van Stoleberglaan 2-4
The Hague, the Netherlands
tel: 82-40-41

NEVIS:
Ministry of Legal Affairs
P.O. Box 186
Government Headquarters
St. Kitts-Nevis, West Indies
tel: 809-465-2521

NORWAY:
Ministry of Justice
Boks 8005
Oslo/Dep
Oslo 1, Norway

PAKISTAN:
Solicitor
Ministry of Law and Justice
Islamabad, Pakistan

Other Authorities in addition to Central Authority
Within Their Respective Territorial Jurisdictions:

Registrars of:
Lahore High Court, Lahore
Peshawar High Court, Peshawar
Baluchistan High Court, Quetta
High Court of Sind, Karachi

PITCAIRN:
The Governor and Commander-in-Chief, Pitcairn
British High Commission
Reserve Bank of New Zealand Building (9th Floor)
2 The Terrace (P.O. Box 1812)
Wellington 1
New Zealand

POLAND:
Ministry of Justice
Department of International Cooperation and European Law
Al. Ujazdowskia 11
00-950 Warsaw, Poland
tel: 48-22-628-4431 (ext. 247)
fax: 48-22-628-0949

PORTUGAL:
Director General of the Judicial Service of the Ministry of the
Ministry of Justice (Direccao-Geral dos Servicas Judiciarios,
Ministerio de Justica)
Av. Casal Ribeiro 48
1098 Lisboa Codex
Lisbon, Portugal
tel: 351-21-315-52 82
fax: 351-21-353-87 02

RUSSIAN FEDERATION:
Accession: May 1, 2001
Entry into Force: December 1, 2001
Central Authority: Unknown. Seeking clarification from the Russian Federation and the Hague Conference on Private International Law.

SLOVENIA:
Signatory: September 18, 2000
Accession: May 15, 2001
Entry into Force: June 1, 2001
Central Authority unknown

SRI LANKA:
Signatory: August 31, 200
Accession: May 15, 2001
Entry into Force: June 1, 2001

Central Authority: Secretary/Ministry of Justice and Constitutional Affairs. Seeking clarification regarding address and phone number from Sri Lanka and Hague Conference on Private International law.

The instrument of accession of Sri Lanka contains the following declarations:

In terms of Article 2, the Secretary/Ministry of Justice and Constitutional Affairs is designated the Central Authority.

The authority competent to act upon a Letter of Request pursuant to Article 6 would be the Secretary, Ministry of Justice and Constitutional Affairs/Registrar of the Court of Appeal.

For purposes of Article 7, the documents should be in the English language.

For purposes of Article 10, Sri Lanka has no objection to the procedure set out in paragraph (b) thereof. However it does not agree to the procedure set out in paragraphs (a) and (c).

In terms of Article 15, Sri Lanka wishes to declare that the Judge may proceed to give judgement even if no certificate of service or delivery has been received, provided the conditions set out in Article 15 are fulfilled.

ST. CHRISTOPHER (St. Kitts):
Ministry of Legal Affairs
P.O. Box 186
Government Headquarters
St. Kitts-Nevis, West Indies
tel: 809-465-2521

Now Independent. No formal confirmation to depositary government that Convention applies, however local government has provided information to the U.S. Embassy regarding central authority competent to receive Hague Service Convention requests noted above.

ST. HELENA:
The Supreme Court
Saint Helena

ST. LUCIA:
Now Independent. No formal confirmation to depositary government that Convention applies, however local government has provided the following information to the U.S. Embassy regarding central authority competent to receive Hague Service Convention requests.

Registrar of the High Court
Attn: Miss Isabella Shillingford
Registry Department
Peynier Street
Castries, St. Lucia, W.I.
tel: 809-452-1257
There is no standard fee for service.

ST. VINCENT:
Now Independent. No formal confirmation to depositary government that Convention applies, however local government has provided the following information to the U.S. Embassy regarding central authority competent to receive Hague Service Convention requests.

Ministry of Foreign Affairs
St. Vincent and the Grenadines
W.I.
tel: 809-456-1111

There is no fee. The Ministry of Foreign Affairs forwards the request for service to the Registrar''s Office which effects service.

SEYCHELLES:
The Registrar
Supreme Court
Victoria
Mahe, Republic des Seychelles

SLOVAK REPUBLIC:
Ministerstvo Spravodlivosti Slovenskej Republicky
Zupne namestie 13, 813 11 Bratislava
Slovak Republic
Fax: (00427) 5316035

SLOVENIA:
Signatory: September 18, 2000
Accession: May 15, 2001
Entry into Force: June 1, 2001
the Ministry of Justice of the Republic of Slovenia
Zupanciceva 3
1000 LJUBLJANA
tel.: +386 1 478 5244
fax: +386 1 426 1050

SOLOMON ISLANDS:
Unknown. Now Independent. No formal confirmation to depositary government that Convention applies. Former Central Authority: Registrar of the High Court, Honiara

SPAIN:
Secretaria General Tecnica
Subdireccion de Cooperacion Juridica Internacional
Ministerio de Justicia
San Bernardo, 45
28015 Madrid, Spain
tel: (34)(1) 390-2328

SWEDEN:
Ministry of Justice
Division for Criminal and International Judicial Cooperation
Central Authority
SE-103 33 Stockholm, Sweden
tel: (46)(8) 405-5057
fax: (46)(8) 405-4676

SWITZERLAND:
Switzerland designates the cantonal authorities listed below as Central Authorities as referred to in the respective conventions. Requests for the service of documents may also be addressed to:

The Federal Justice and Police Department
Federal Office for Police Matters
International Judicial and Extrajudicial Assistance
Bundesrain 20
3003 Bern
Switzerland
Tel. 011-41-31-322-4310
Fax 011-41-31-322-5380

That office will forward the requests for service to the Central Authority in the appropriate canton.

Requests for service under the Hague Convention may also be sent directly to the Central Authority for the appropriate Canton. The following list provides the canton, official language of the canton, address and telephone number.

Authorized Swiss Central Authorities for each Canton

Cantonal Central Authorities (list up to date as per 14 September 2001)
The competent cantonal Central Authority to whom a request may be addressed can be ascertained on-line at the following address: http://www.elorge.admin.ch/

Official Language(s) (G=German F=French I=Italian)

Canton

Language

Address

Phone/Fax

Aargau (AG)

G

Obergericht des Kantons Aargau Obere Vorstadt 40 5000 Aarau

tel.: +41.62-835.3850 fax: +41.62-835.3949

Appenzell Ausserrhoden (AR)

G

Kantonsgericht Appenzell A.Rh. 9043 Trogen

tel.: +41.71-343.6399 fax: +41.71-343.6359

Appenzell Innerrhoden (AI)

G

Kantonsgericht Appenzell I.Rh. 9050 Appenzell

tel.: +41.71-788.9551 fax: +41.71-788.9554

Basel-Landschaft (BL)

G

Obergericht des Kantons Basel-Landschaft 4410 Liestal

tel.: +41.61-925.5111 fax: +41.61-925.6964

Basel-Stadt (BS)

G

Appellationsgericht Basel-Stadt 4051 Basel

tel.: +41.61-267.8181 fax: +41.61-267.6315

Bern (BE)

G/F

Justiz-, Gemeinde- und Kirchendirektion des Kantons Bern Münstergasse 2 3011 Bern

tel.: +41.31-633.7676 fax: +41.31-633.7626

Fribourg (FR)

F/G

Tribunal cantonal 1700 Fribourg

tel.: +41.26-305.3910 fax: +41.26-305.3919

Genève (GE)

F

Parquet du Procureur général 1211 Genève 3

tel.: +41.22-319.2797 fax: +41.22-781.4365

Glarus (GL)

G

Obergericht des Kantons Glarus 8750 Glarus

tel.: +41.55-645.2525 fax: +41.55-645.2500

Graubünden (GR)

G

Justiz-, Polizei- und Sanitätsdepartement Graubünden 7001 Chur

tel.: +41.81-257.2121 fax: +41.81-257.2166

Jura (JU)

F

Département de la Justice Service juridique 2800 Delémont

tel.: +41.32-421.5111 fax: +41.32-421.5555

Luzern (LU)

G

Obergericht des Kantons Luzern Hirschengraben 16 6003 Luzern

tel.: +41.41-228.6262 fax: +41.41-228.6264

Neuchâtel (NE)

F

Département de la justice, de la santé et de la sécurité Service de la justice Château 2001 Neuchâtel

tel.: +41.32-889.4110 fax: +41.32-889.6064

Nidwalden (NW)

G

Kantonsgericht Nidwalden 6370 Stans

tel.: +41.41-618.7950 fax: +41.41-618.7963

Obwalden (OW)

G

Kantonsgericht Obwalden Postfach 1260 6061 Sarnen

tel.: +41.41-666.6222 fax: +41.41-660.8286

St. Gallen (SG)

G

Kantonsgericht St. Gallen Klosterhof 1 9001 St. Gallen

tel.: +41.71-229.3898 fax: +41.71-229.3787

Schaffhausen (SH)

G

Obergericht des Kantons Schaffhausen Postfach 568 8201 Schaffhausen

tel.: +41.52-632.7422 fax: +41.52-636.7836

Schwyz (SZ)

G

Kantonsgericht Schwyz 6430 Schwyz

tel.: +41.41-819.1124

Solothurn (SO)

G

Obergericht des Kantons Solothurn 4500 Solothurn

tel.: +41.32-627.7311 fax: +41.32-627.2298

Tessin (TI)

I

Tribunale di appello 6901 Lugano

tel.: +41.91-815.5111 fax: +41.91-815.5478

Thurgau (TG)

G

Obergericht des Kantons Thurgau 8500 Frauenfeld

tel.: +41.52-722.3121 fax: +41.52-722.3125

Uri (UR)

G

Landgericht Uri Am Rathausplatz 2 6460 Altdorf

tel.: +41.41-875.2244 fax: +41.41-875.2277

Valais (VS)

F/G

Tribunal cantonal 1950 Sion

tel.: +41.27-322.9393 fax: +41.27-322.6351

Vaud (VD)

F

Tribunal cantonal 1014 Lausanne

tel.: +41.21-316.1511 fax: +41.21-316.1328

Zug (ZG)

G

Obergericht des Kantons Zug Rechtshilfe 6300 Zug

tel.: +41.41-728.3154 fax: +41.41-728.3144

Zürich (ZH)

G

Obergericht des Kantons Zürich, Rechtshilfe 8023 Zürich

tel.: +41.1-257.9191 fax: +41.1-261.1292

 

TURKEY:
General Service of Civil Affairs
Ministry of Justice
Ankara, Turkey

(Adalet Bakanligi Hukuk Isleri Genel Mudurlugu, Ankara, Turkey)

TURKS & CAICOS:
The Registrar of the Supreme Court
Turks and Caicos Islands

TUVALU:
Now Independent. No formal confirmation to depositary government that Convention applies. Fo