|Party to Hague Service Convention?
|Party to Hague Evidence Convention?
|Party to Hague Apostille Convention?
|Party to Inter-American Convention?
|Service of Process by Mail?
THE INFORMATION 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 ATTORNEYS. THIS CIRCULAR SEEKS ONLY TO PROVIDE INFORMATION; IT IS NOT AN OPINION ON ANY ASPECT OF U.S.,
FOREIGN, OR INTERNATIONAL LAW. THE U.S. DEPARTMENT OF STATE DOES NOT INTEND BY THE CONTENTS OF THIS CIRCULAR TO TAKE A POSITION
ON ANY ASPECT OF ANY PENDING LITIGATION.
- Embassies and Consulates
- The American Institute in Taiwan
2nd Floor, Consular Section
#7, Lane 134, Hsin Yi road, Section 3
The U.S. maintains unofficial relations with the people on Taiwan through the American Institute in Taiwan (AIT), a private
nonprofit corporation, which performs U.S. citizen and consular services similar to those at embassies.
Telephone: (886) 2-2162-2000 or (02)2162-2000, ext. 2306
Emergency Telephone: (886) 2-2162-2000. Press "0" or "*".
Fax: (886) 2-2162-2239
Kaohsiung Branch Office
No. 2 Chung Cheng 3rd Road, 5th Floor
Telephone: (886) 7-238-7744
Emergency Telephone: Please contact the American Institute in Taiwan.
Fax: (886) 7-238-5237
Please contact the American Institute in Taiwan.
- List of Attorneys
The American Institute in Taiwan (AIT) is a non-profit, private corporation established shortly after the United States Government
changed its diplomatic recognition from Taipei to Beijing on January 1, 1979. The Taiwan Relations Act (PL 96-8) of April 10, 1979, authorized the continuation of "commercial, cultural and other relations between the people of the United
States and the people on Taiwan." It also provided that "any programs, transactions, or other relations conducted or carried
out by the President or any Agency of the United States Government with respect to Taiwan shall, in the manner and to the
extent directed by the President, be conducted and carried out by or through the American Institute in Taiwan." AIT's Taipei
Office undertakes a wide range of activities representing U.S. interests, including providing consular services related to
judicial assistance. AIT Washington, located in Arlington, Virginia, is the headquarters office of the American Institute
in Taiwan. It serves as a liaison with its counterpart organization, the Taipei Economic and Cultural Representative Office
(TECRO). Judicial assistance is provided by authorities on Taiwan in response to letters rogatory from foreign courts in
accordance with Taiwan’s "Law Governing Extension of Assistance to Foreign Courts."
- Helpful Links
- Service of Process
- Service of process in Taiwan can be effected by international registered mail/return receipt requested; by agent, generally
a local attorney; or pursuant to letters rogatory. Affidavits of service can be executed before a travel officer at the AIT.
If enforcement of a judgment is anticipated, however, Taiwan may not consider service by registered mail or by agent acceptable
and may require that service be effected pursuant to letters rogatory. See below for a discussion of special elements necessary
in preparation of a letter rogatory for use in Taiwan.
- Criminal Matters
Letters Rogatory: Requests to transmit letters rogatory may be sent to the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens
Services, Office of American Citizens Services and Crisis Management, East Asia and Pacific Division, CA/OCS/ACS/EAP. Mailing
address: SA-29, 4th Floor, 2201 C Street N.W., Washington, D.C. 20520. Letters rogatory can be used to effect service of
process and to compel production of documents or testimony of an unwilling witness in Taiwan. For general information about
preparation of letters rogatory, see our information flyer Preparation of Letters Rogatory. Letters rogatory for use in Taiwan
must comply with the following requirements:
- Letters rogatory should contain an offer of reciprocal assistance. They should also include a statement expressing the willingness
of the requesting court or party to reimburse the Taiwan judicial authorities for costs incurred in executing the letters
- Letters rogatory and accompanying documents should be in English with certified translations in Mandarin Chinese;
- Letters rogatory should be addressed to the "Appropriate Judicial Authority of Taiwan"; Please note: In accordance with U.S.
policy, please refrain from using the terminology "Republic of China" in the letters rogatory or any accompanying documents
and translations. Please refer to Taiwan simply as Taiwan.
- Letters Rogatory should be accompanied by a certified check payable to American Institute in Taiwan in accordance with the
current schedule of fees at 22 CFR 22.1. Additional fees may also be required by the court.
If the letters rogatory requests the taking of evidence, the Taiwan court will not permit examination of witnesses by attorneys;
witnesses would be examined by the court on the basis of written questions. A full transcript of the deposition, in Chinese,
is made at the time of the deposition and should be specifically requested in the letters rogatory.
- Obtaining Evidence in Civil and Commercial Matters
- Taking Voluntary Depositions of Willing Witnesses
- To arrange to conduct a voluntary deposition of a willing witness in Taiwan before a Travel Services Officer of the American
Institute in Taiwan, contact AIT Taipei directly. Private American litigants are responsible for making their own arrangements
for stenographers, interpreters, videotape operators, etc. AIT Taipei may be able to provide lists of such private commercial
services. Applicable fees are listed at 22 CFR 22.1.
- Authentication of Documents
- The AIT seal can be authenticated by the Department of State's Authentication Office. See the U.S. Department of State Authentication Office page. For information about having a public document issued by a state agency or state court in the United States authenticated
for use in Taiwan, first contact the state Secretary of State’s office or other designated state authority. Such documents
may then be authenticated by the U.S. Department of State’s Authentication Office. That seal may then be authenticated by TECRO.