Travel.State.Gov > Legal Resources > Judicial Assistance Country Information > Austria Judicial Assistance Information
DISCLAIMER: THE INFORMATION IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A SPECIFIC CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO THE APPROPRIATE FOREIGN AUTHORITIES OR FOREIGN COUNSEL.
Parkring 12A (Marriott Hotel Building)
1010 Vienna, Austria
Emergency after-hours telephone: +43-(0)1-31339
U.S. Embassy Vienna
NOTE: No consular services are provided at the Embassy.
1090 Vienna, Austria
Austria is a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters. Complete information on the operation of the Convention, including an interactive online request form are available on the Hague Conference website. Requests should be completed in duplicate and submitted with two sets of the documents to be served, and translations, directly to the Austrian Central Authority. The person in the United States executing the request form should be either an attorney or clerk of court. The applicant should include the titles “attorney at law” or “clerk of court” on the identity and address of applicant and signature/stamp fields. In its Declarations and Reservations on the Hague Service Convention, Austria formally objected to service under Articles 8 and 10, and does not permit service via postal channels. Austria also declared that the request and documents to be served must be translated into German (Article 5). Austria also made a reservation that the Hague Service Convention shall not apply to the service of documents addressed to the Republic of Austria, including its political subdivisions, its authorities and persons acting on its behalf (for these cases see Service on a Foreign State). For additional information see the Hague Conference Service Convention website and the Hague Conference Practical Handbook on the Operation of the Hague Service Convention.
Service on a Foreign State
See our information on service of process under the Foreign Sovereign Immunities Act (FSIA) and FSIA Checklist for questions about service on a foreign state, agency or instrumentality. Austria made a reservation under the Hague Service Convention that the Convention shall not apply to the service of documents addressed to the Republic of Austria, including its political subdivisions, public officials and persons acting on its behalf. In these cases, service may not be effected under the Convention. These requests for service must be made pursuant to letters rogatory transmitted via diplomatic channels. Please see our page Preparation of Letters Rogatory for additional information.
Prosecution Requests: U.S. federal or state prosecutors should contact the Office of International Affairs, Criminal Division, Department of Justice for guidance.
Defense Requests in Criminal Matters: Criminal defendants or their defense counsel seeking judicial assistance in obtaining evidence or in effecting service of documents abroad in connection with criminal matters may do so via the letters rogatory process
Austria is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. Although Article XVIII of the Friendship, Commerce and Consular Rights Treaty and Supplementary Agreement between the United States of America and Austria (1928, 1931) included specific provisions about the taking of depositions of by consular officers of nationals of their own country or permanent residents, Austrian authorities have informed the U.S. Department of State and the U.S. Embassy in Vienna that voluntary depositions of willing witnesses may not be taken of Austrian citizens and that depositions of U.S. nationals or permanent residents can only be taken with specific permission of the Ministry of Foreign Affairs.
Austria is a party to the Hague Apostille Convention and its competent authority will authenticate Austrian public documents for use outside of Austria. For information about authenticating U.S. public documents for use in Austria, see the list of U.S. Competent Authorities. To obtain an Apostille for a U.S. Consular Report of Birth Abroad of a Citizen of the United States of America, contact the U.S. Department of State, Passport Services, Vital Records Office.