Cap. 443 Art. 43Ratification of Conventions. JUDICIAL AND MATTERS extrajudicial the addressee in for that purpose agreed upon the matters, for service to be served with will undertake to and to proceed in its own law. in which the State addressed a without any the request. The comply with the The Central shall arra

By virtue of this Act, the Government of Malta is hereby authorised to ratify all or any of the Conventions. Part A

THE HAGUE CONVENTION ON THE SERVICE ABROAD OF EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL

(15 November, 1965)

The States signatory to the present Convention,

Desiring to create appropriate means to ensure that judicial and documents to be served abroad shall be brought to the notice of sufficient time, Desiring to improve the organisation of mutual judicial assistance by simplifying and expediting the procedure, Have resolved to conclude a Convention to this effect and have following provisions:

Article 1 The present Convention shall apply in all cases, in civil or commercial where there is occasion to transmit a judicial or extrajudicial document abroad. This Convention shall not apply where the address of the person the document is not known.

CHAPTER I

JUDICIAL DOCUMENTS

Article 2

Each Contracting State shall designate a Central Authority which receive requests for service coming from other Contracting States conformity with the provisions of Articles 3 to 6. Each State shall organise the Central Authority in conformity with

Article 3

The authority or judicial officer competent under the law of the State documents originate shall forward to the Central Authority of the request conforming to the model annexed to the present Convention, requirement of legalisation or other equivalent formality. The document to be served or a copy thereof shall be annexed to request and the document shall both be furnished in duplicate.

Article 4

If the Central Authority considers that the request does not Authority of the State addressed shall itself serve the document or have it served by an appropriate agency, either -

by a method prescribed by its internal law for the service of documents in domestic actions upon persons who are within its territory, or by a particular method requested by the applicant, unless such a is incompatible with the law of the State addressed.

sub-paragraph (b) of the first paragraph of this Article, the document served by delivery to an addressee who accepts it voluntarily.

document is to be served under the first paragraph above, the Central require the document to be written in, or translated into, the official of the official languages of the State addressed. the request, in the form attached to the present Convention, which summary of the document to be served, shall be served with the

Article 6

Authority of the State addressed or any authority which it may have that purpose, shall complete a certificate in the form of the model present Convention.

shall state that the document has been served and shall include the and the date of service and the person to whom the document was document has not been served, the certificate shall set out the have prevented service. may require that a certificate not completed by a Central Authority authority shall be countersigned by one of these authorities. shall be forwarded directly to the applicant.

Article 7 terms in the model annexed to the present Convention shall in all either in French or in English. They may also be written in the language, or in one of the official languages, of the State in which the originate.

corresponding blanks shall be completed either in the language of the State French or in English.

Article 8

Contracting State shall be free to effect service of judicial documents upon without application of any compulsion, directly through its consular agents. declare that it is opposed to such service within its territory, unless to be served upon a national of the State in which the documents forward documents, for the purpose of service, to those authorities Contracting State which are designated by the latter for this purpose. Each Contracting State may, if exceptional circumstances diplomatic channels for the same purpose.

Article 10 Provided the State of destination does not object, the present Convention interfere with -

(a) the freedom to send judicial documents, by directly to persons abroad,

(b) the freedom of judicial officers, officials or persons of the State of origin to effect service of judicial documents through the judicial officers, officials or other competent persons destination,

(c) the freedom of any person interested in a judicial effect service of judicial documents directly through the officials or other competent persons of the State of destination.

Article 11 The present Convention shall not prevent two or more Contracting agreeing to permit, for the purpose of service of judicial documents, transmission other than those provided for in the preceding particular, direct communication between their respective authorities.

Article 12

The service of judicial documents coming from a Contracting State rise to any payment or reimbursement of taxes or costs for the services the State addressed. The applicant shall pay or reimburse the costs occasioned by -

(a) the employment of a judicial officer or of a under the law of the State of destination,

(b) the use of a particular method of service.

Article 13 Where a request for service complies with the terms of the present State addressed may refuse to comply therewith only if it deems would infringe its sovereignty or security. It may not refuse to comply solely on the ground that, under its claims exclusive jurisdiction over the subject-matter of the action or law would not permit the action upon which the application is based. which may arise in connection with the transmission of judicial service shall be settled through diplomatic channels.

Article 15 of summons or an equivalent document had to be transmitted abroad of service, under the provisions of the present Convention, and the appeared, judgment shall not be given until it is established that -

the document was served by a method prescribed by the internal State addressed for the service of documents in domestic actions upon who are within its territory, or the document was actually delivered to the defendant or to his by another method provided for by this Convention, either of these cases the service or the delivery was effected in enable the defendant to defend. Contracting State shall be free to declare that the judge, notwithstanding the the first paragraph of this Article, may give judgment even if no service or delivery has been received, if all the following conditions are the document was transmitted by one of the methods provided for Convention, a period of time of not less than six months, considered adequate judge in the particular case, has elapsed since the date of the transmission document, no certificate of any kind has been received, even though every effort has been made to obtain it through the competent authorities of addressed.

Notwithstanding the provisions of the preceding paragraphs the judge may order, urgency, any provisional or protective measures.

Article 16 of summons or an equivalent document had to be transmitted abroad of service, under the provisions of the present Convention, and a been entered against a defendant who has not appeared, the judge shall to relieve the defendant from the effects of the expiration of the time the judgment if the following conditions are fulfilled -

the defendant, without any fault on his part, did not have knowledge of the document in sufficient time to defend, or knowledge of the in sufficient time to appeal, and defendant has knowledge of the judgment.

Each Contracting State may declare that the application will not it is filed after the expiration of a time to be stated in the declaration, in no case be less than one year following the date of the judgment. This Article shall not apply to judgments concerning status or capacity

CHAPTER II

EXTRAJUDICIAL DOCUMENTS

Article 17 Extrajudicial documents emanating from authorities and judicial Contracting State may be transmitted for the purpose of service Contracting State by the methods and under the provisions Convention.

CHAPTER III

GENERAL CLAUSES

Article 18 Each Contracting State may designate other authorities in addition Authority and shall determine the extent of their competence. The applicant shall, however, in all cases, have the right to address directly to the Central Authority. Federal States shall be free to designate more than one Central Authority.

Article 19

To the extent that the internal law of a Contracting State permits transmission, other than those provided for in the preceding Articles, coming from abroad, for service within its territory, the present Convention affect such provisions.

Article 20

The present Convention shall not prevent an agreement between Contracting States to dispense with -

(a) the necessity for duplicate copies of transmitted required by the second paragraph of Article 3,

(b) the language requirements of the third paragraph Article 7,

(c) the provisions of the fourth paragraph of Article

(d) the provisions of the second paragraph of Article the designation of authorities, pursuant to Articles 2 and 18, the designation of the authority competent to complete the pursuant to Article 6, the designation of the authority competent to receive documents transmitted by consular channels, pursuant to Article 9.

Contracting State shall similarly inform the Ministry, where appropriate, of -

opposition to the use of methods of transmission pursuant to 8 and 10, declarations pursuant to the second paragraph of Article 15 and the paragraph of Article 16, all modifications of the above designations, oppositions and declarations.

Article 22

to the present Convention are also Parties to one or both of the civil procedure signed at The Hague on 17th July 1905, and on 1st Convention shall replace as between them Articles 1 to 7 of the Conventions.

Article 23

Convention shall not affect the application of Article 23 of the civil procedure signed at The Hague on 17th July 1905, or of Article Convention on civil procedure signed at the Hague on 1st March 1954.

shall, however, apply only if methods of communication, identical for in these Conventions, are used.

Article 24

agreements between Parties to the Conventions of 1905 and 1954 considered as equally applicable to the present Convention, unless the otherwise agreed.

Article 25 prejudice to the provisions of Articles 22 and 24, the present Convention derogate from Conventions containing provisions on the matters governed Convention to which the Contracting States are, or shall become, Parties.

Article 26

Convention shall be open for signature by the States represented at the the Hague Conference on Private International Law. The present Convention shall enter into force on the sixtieth day of the third instrument of ratification referred to in the second paragraph 26. The Convention shall enter into force for each signatory State subsequently on the sixtieth day after the deposit of its instrument

Article 28

Any State not represented at the Tenth Session of the Hague Private International Law may accede to the present Convention after into force in accordance with the first paragraph of Article 27. The accession shall be deposited with the Ministry of Foreign Affairs of The Convention shall enter into force for such a State in the objection from a State, which has ratified the Convention before notified to the Ministry of Foreign Affairs of the Netherlands within months after the date on which the said Ministry has notified it of such

In the absence of any such objection, the Convention shall enter acceding State on the first day of the month following the expiration periods referred to in the preceding paragraph.

Article 29 Any State may, at the time of signature, ratification or accession, present Convention shall extend to all the territories for the international which it is responsible, or to one or more of them. Such a declaration effect on the date of entry into force of the Convention for the State

At any time thereafter, such extensions shall be notified to the Ministry Affairs of the Netherlands.

The Convention shall enter into force for the territories mentioned extension on the sixtieth day after the notification referred to paragraph.

Article 30 The present Convention shall remain in force for five years from entry into force in accordance with the first paragraph of Article 27, which have ratified it or acceded to it subsequently. If there has been no denunciation, it shall be renewed tacitly every Any denunciation shall be notified to the Ministry of Foreign Netherlands at least six months before the end of the five year period. It may be limited to certain of the territories to which the Convention

The denunciation shall have effect only as regards the State which The Convention shall remain in force for the other Contracting States.

Article 31

The Ministry of Foreign Affairs of the Netherlands shall give notice the date on which the present Convention enters into force in accordance with the first paragraph of Article 27;

the accessions referred to in Article 28 and the dates on which they effect;

the extensions referred to in Article 29 and the dates on which they effect;

the designations, oppositions and declarations referred to in Article the denunciations referred to in the third paragraph of Article 30.

whereof the undersigned, being duly authorised thereto, have signed the Convention. Hague, on the 15th day of November, 1965, in the English and French texts being equally authentic, in a single copy which shall be archives of the Government of the Netherlands, and of which a shall be sent, through the diplomatic channel, to each of the States the Tenth Session of the Hague Conference on Private International

ANNEX TO THE CONVENTION

Forms

REQUEST FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS

Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, signed at The Hague, on the 15th of November 1965.

Identity and address Address of receiving of the applicant authority

The undersigned applicant has the honour to transmit - in documents listed below and, in conformity with Article 5 of the Convention, requests prompt service of one copy thereof on the addressee,

(identity and address) ...……………………………….....…………………………………………… ……………………………………….....………………………………………

(a) in accordance with the provisions of sub-paragraph paragraph of Article 5 of the Convention*.

(b) in accordance with the following particular method

(b) of the first paragraph of Article 5)*:

...……………………………….....…………………………………………… ……………………………………….....………………………………………

(c) by delivery to the addressee, if he accepts it voluntarily paragraph of Article 5)*.

The authority is requested to return or to have returned to the applicant the documents - and of the annexes* - with a certificate as provided side. List of documents

………………………………………………………………………………… ………………………………………………………………………………… …………………………………………………………………………………

Done at .........................., the ........................ Signature and/or stamp. * Delete if inappropriate. (18 March, 1970)

signatory to the present Convention, facilitate the transmission and execution of Letters of Request and to accommodation of the different methods which they use for this purpose, improve mutual judicial co-operation in civil or commercial matters, to conclude a Convention to this effect and have agreed upon the provisions:

CHAPTER I

LETTERS OF REQUEST

Article 1

commercial matters a judicial authority of a Contracting State may, in the provisions of the law of that State, request the competent another Contracting State, by means of a Letter of Request, to obtain perform some other judicial act. not be used to obtain evidence which is not intended for use in proceedings, commenced or contemplated. expression "other judicial act" does not cover the service of judicial issuance of any process by which judgments or orders are executed orders for provisional or protective measures.

Article 2

State shall designate a Central Authority which will undertake to of Request coming from a judicial authority of another Contracting transmit them to the authority competent to execute them. Each State Central Authority in accordance with its own law. be sent to the Central Authority of the State of execution without through any other authority of that State.

Article 3 Request shall specify -

the authority requesting its execution and the authority requested it, if known to the requesting authority;

the names and addresses of the parties to the proceedings and their representatives, if any;

the nature of the proceedings for which the evidence is required, necessary information in regard thereto;

(f) the questions to be put to the persons to be examined of the subject-matter about which they are to be examined;

(g) the documents or other property, real or personal,

(h) any requirement that the evidence is to be affirmation, and any special form to be used;

(i) any special method or procedure to be followed

A Letter may also mention any information necessary for the Article 11. No legalization or other like formality may be required.

Article 4

A Letter of Request shall be in the language of the authority requested it or be accompanied by a translation into that language.

Nevertheless, a Contracting State shall accept a Letter in either English or a translation into one of these languages, unless it has made authorized by Article 33. A Contracting State which has more than one official language reasons of internal law, accept Letters in one of these languages for territory, shall, by declaration, specify the language in which the Letter thereof shall be expressed for execution in the specified parts of its of failure to comply with this declaration, without justifiable excuse, translation into the required language shall be borne by the State of A Contracting State may, by declaration, specify the language or than those referred to in the preceding paragraphs, in which a Letter its Central Authority.

Any translation accompanying a Letter shall be certified as correct, diplomatic officer or consular agent or by a sworn translator or by so authorized in either State.

Article 5 If the Central Authority considers that the request does not provisions of the present Convention, it shall promptly inform the State of origin which transmitted the Letter of Request, specifying the Letter.

Article 6

If the authority to whom a Letter of Request has been transmitted to execute it, the Letter shall be sent forthwith to the authority in which is competent to execute it in accordance with the provisions parties or their representatives when the authority of the State of requests.

Article 8

State may declare that members of the judicial personnel of the authority of another Contracting State may be present at the execution of Request. Prior authorization by the competent authority designated by the may be required.

Article 9 authority which executes a Letter of Request shall apply its own law and procedures to be followed. will follow a request of the requesting authority that a special method followed, unless this is incompatible with the internal law of the execution or is impossible of performance by reason of its internal practice by reason of practical difficulties.

Request shall be executed expeditiously.

Article 10

a Letter of Request the requested authority shall apply the measures of compulsion in the instances and to the same extent as are internal law for the execution of orders issued by the authorities of or of requests made by parties in internal proceedings.

Article 11 execution of a Letter of Request the person concerned may refuse to give as he has a privilege or duty to refuse to give the evidence -

under the law of the State of execution; or under the law of the State of origin, and the privilege or duty has specified in the Letter, or, at the instance of the requested authority, has otherwise confirmed to that authority by the requesting authority.

State may declare that, in addition, it will respect privileges and under the law of States other than the State of origin and the State of extent specified in that declaration.

Article 12 of a Letter of Request may be refused only to the extent that -

in the State of execution the execution of the Letter does not fall functions of the judiciary; or the State addressed considers that its sovereignty or security would or that its internal law would not admit a right of action on it.

Article 13 The documents establishing the execution of the Letter of Request the requested authority to the requesting authority by the same channel used by the latter. In every instance where the Letter is not executed in whole requesting authority shall be informed immediately through the same advised of the reasons.

Article 14

The execution of the Letter of Request shall not give rise to any taxes or costs of any nature.

Nevertheless, the State of execution has the right to require the reimburse the fees paid to experts and interpreters and the costs occasioned use of a special procedure requested by the State of origin under Article 2. The requested authority whose law obliges the parties themselves evidence, and which is not able itself to execute the Letter, may, obtained the consent of the requesting authority, appoint a suitable When seeking this consent the requested authority shall indicate costs which would result from this procedure. If the requesting authority consent it shall reimburse any costs incurred; without such consent authority shall not be liable for the costs.

CHAPTER II

TAKING OF EVIDENCE BY DIPLOMATIC OFFICERS, CONSULAR AND COMMISSIONERS

Article 15

In civil or commercial matters, a diplomatic officer or consular Contracting State may, in the territory of another Contracting State area where he exercises his functions, take the evidence without nationals of a State which he represents in aid of proceedings commenced courts of a State which he represents. A Contracting State may declare that evidence may be taken officer or consular agent only if permission to that effect is given made by him or on his behalf to the appropriate authority designated State.

Article 16 A diplomatic officer or consular agent of a Contracting State may, of another Contracting State and within the area where he exercises also take the evidence, without compulsion, of nationals of the State exercises his functions or of a third State, in aid of proceedings commenced case, and he complies with the conditions which the competent authority has in the permission.

State may declare that evidence may be taken under this Article permission.

Article 17

commercial matters, a person duly appointed as a commissioner for the without compulsion, take evidence in the territory of a Contracting proceedings commenced in the courts of another Contracting State, if a competent authority designated by the State where the evidence taken has given its permission either generally or in the particular case;

he complies with the conditions which the competent authority has in the permission.

State may declare that evidence may be taken under this Article permission.

Article 18

State may declare that a diplomatic officer, consular agent or authorized to take evidence under Articles 15, 16 or 17, may apply to authority designated by the declaring State for appropriate assistance evidence by compulsion. The declaration may contain such conditions State may see fit to impose.

grants the application it shall apply any measures of compulsion appropriate and are prescribed by its law for use in internal proceedings.

Article 19

authority, in giving the permission referred to in Articles 15, 16 or granting the application referred to in Article 18, may lay down such deems fit, inter alia, as to the time and place of the taking of the Similarly it may require that it be given reasonable advance notice of the place of the taking of the evidence; in such a case a representative of shall be entitled to be present at the taking of the evidence.

Article 20 of evidence under any Article of this Chapter persons concerned may represented.

(a) he may take all kinds of evidence which are not the law of the State where the evidence is taken or contrary granted pursuant to the above Articles, and shall have power to administer an oath or take an affirmation;

(b) a request to a person to appear or to give evidence recipient is a national of the State where the action is pending, language of the place where the evidence is taken or be accompanied translation into such language;

(c) the request shall inform the person that he represented and, in any State that has not filed a declaration shall also inform him that he is not compelled to appear or to give

(d) the evidence may be taken in the manner provided applicable to the court in which the action is pending provided is not forbidden by the law of the State where the evidence is taken;

(e) a person requested to give evidence may invoke duties to refuse to give the evidence contained in Article 11.

Article 22

The fact that an attempt to take evidence under the procedure Chapter has failed, owing to the refusal of a person to give evidence, prevent an application being subsequently made to take the evidence with Chapter I.

CHAPTER III

GENERAL CLAUSES

Article 23

A Contracting State may at the time of signature, ratification or accession, that it will not execute Letters of Request issued for the purpose trial discovery of documents as known in Common Law countries.

Article 24 A Contracting State may designate other authorities in addition Authority and shall determine the extent of their competence. However, Request may in all cases be sent to the Central Authority. Federal States shall be free to designate more than one Central Authority.

Article 25 A Contracting State which has more than one legal system may authorities of one of such systems, which shall have exclusive execute Letters of Request pursuant to this Convention. appearance of a person to give evidence, the costs of attendance of such cost of any transcript of the evidence. has made a request pursuant to the above paragraph, any other may request from that State the reimbursement of similar fees and

Article 27

of the present Convention shall not prevent a Contracting State declaring that Letters of Request may be transmitted to its judicial through channels other than those provided for in Article 2;

permitting, by internal law or practice, any act provided for in this Convention to be performed upon less restrictive conditions;

permitting, by internal law or practice, methods of taking evidence those provided for in this Convention.

Article 28

Convention shall not prevent an agreement between any two or more States to derogate from -

the provisions of Article 2 with respect to methods of transmitting Request;

the provisions of Article 4 with respect to the languages which used;

the provisions of Article 8 with respect to the presence of judicial at the execution of Letters;

the provisions of Article 11 with respect to the privileges and witnesses to refuse to give evidence;

the provisions of Article 13 with respect to the methods of executed Letters to the requesting authority;

the provisions of Article 14 with respect to fees and costs;

the provisions of Chapter II.

Article 29

Parties to the present Convention who are also Parties to one or both of on Civil Procedure signed at The Hague on the 17th of July 1905 March 1954, this Convention shall replace Articles 8 - 16 of the earlier

Article 31

Supplementary Agreements between Parties to the Conventions shall be considered as equally applicable to the present Convention have otherwise agreed.

Article 32

Without prejudice to the provisions of Articles 29 and 31, the present shall not derogate from conventions containing provisions on the matters this Convention to which the Contracting States are, or shall become

Article 33 A State may, at the time of signature, ratification or accession exclude, in part, the application of the provisions of paragraph 2 of Article II. No other reservation shall be permitted. Each Contracting State may at any time withdraw a reservation reservation shall cease to have effect on the sixtieth day after notification withdrawal.

When a State has made a reservation, any other State affected thereby the same rule against the reserving State.

Article 34

A State may at any time withdraw or modify a declaration.

Article 35

A Contracting State shall, at the time of the deposit of its instrument or accession, or at a later date, inform the Ministry of Foreign Netherlands of the designation of authorities, pursuant to Articles 2,

A Contracting State shall likewise inform the Ministry, where appropriate, following -

(a) the designation of the authorities to whom notice whose permission may be required, and whose assistance may taking of evidence by diplomatic officers and consular agents, Articles 15, 16 and 18 respectively;

(b) the designation of the authorities whose permission required in the taking of evidence by commissioners pursuant of those who may grant the assistance provided for in Article 18;

(c) declarations pursuant to Articles 4, 8, 11, 15, 16,

(d) any withdrawal or modification of the above Article 36 difficulties which may arise between Contracting States in connection with this Convention shall be settled through diplomatic channels.

Article 37 Convention shall be open for signature by the States represented at the of the Hague Conference on Private International Law. ratified, and the instruments of ratification shall be deposited with the Foreign Affairs of the Netherlands.

Article 38 Convention shall enter into force on the sixtieth day after the deposit instrument of ratification referred to in the second paragraph of Article

Convention shall enter into force for each signatory State which ratifies the sixtieth day after the deposit of its instrument of ratification.

Article 39

represented at the Eleventh Session of the Hague Conference on International Law which is a Member of this Conference or of the United specialized agency of that Organization, or a Party to the Statute of Court of Justice may accede to the present Convention after it has in accordance with the first paragraph of Article 38. instrument of accession shall be deposited with the Ministry of Foreign Netherlands. Convention shall enter into force for a State acceding to it on the sixtieth day of its instrument of accession. will have effect only as regards the relations between the acceding Contracting States as will have declared their acceptance of the declaration shall be deposited at the Ministry of Foreign Affairs of this Ministry shall forward, through diplomatic channels, a certified the Contracting States. Convention will enter into force as between the acceding State and the State its acceptance of the accession on the sixtieth day after the deposit of acceptance.

Article 40

at the time of signature, ratification or accession, declare that the Convention shall extend to all the territories for the international relations of responsible, or to one or more of them. Such a declaration shall take of entry into force of the Convention for the State concerned. thereafter, such extensions shall be notified to the Ministry of Foreign Netherlands. Article 41

The present Convention shall remain in force for five years from entry into force in accordance with the first paragraph of Article 38, which have ratified it or acceded to it subsequently.

If there has been no denunciation, it shall be renewed tacitly every Any denunciation shall be notified to the Ministry of Foreign Netherlands at least six months before the end of the five year period. It may be limited to certain of the territories to which the Convention The denunciation shall have effect only as regards the State which The Convention shall remain in force for the other Contracting States.

Article 42 The Ministry of Foreign Affairs of the Netherlands shall give notice referred to in Article 37, and to the States which have acceded in Article 39, of the following -

(a) the signatures and ratifications referred to in Article

(b) the date on which the present Convention enters accordance with the first paragraph of Article 38;

(c) the accessions referred to in Article 39 and the dates take effect;

(d) the extensions referred to in Article 40 and the dates take effect;

(e) the designations, reservations and declarations Articles 33 and 35;

(f) the denunciations referred to in the third paragraph

In witness whereof the undersigned, being duly authorized thereto, the present Convention.

Done at The Hague, on the 18th day of March, 1970, in the English languages, both texts being equally authentic, in a single copy deposited in the archives of the Government of the Netherlands, certified copy shall be sent, through the diplomatic channel, to each represented at the Eleventh Session of the Hague Conference International Law. (25 October, 1980)

signatory to this Convention, facilitate international access to justice, to conclude a Convention for this purpose and have agreed upon the provisions -

CHAPTER I

LEGAL AID

Article 1

any Contracting State and persons habitually resident in any State shall be entitled to legal aid for court proceedings in civil and matters in each Contracting State on the same conditions as if they nationals of and habitually resident in that State. whom paragraph 1 does not apply, but who formerly had their habitual Contracting State in which court proceedings are to be or have been shall nevertheless be entitled to legal aid as provided by paragraph 1 if action arose out of their former habitual residence in that State. legal aid is provided in administrative, social or fiscal matters, the Article shall apply to cases brought before the courts or tribunals such matters.

Article 2

apply to legal advice provided the person seeking advice is present where advice is sought.

Article 3

Contracting State shall designate a Central Authority to receive, and take applications for legal aid submitted under this Convention. and States which have more than one legal system may designate Central Authority. If the Central Authority to which an application is competent to deal with it, it shall forward the application to Central Authority in the same Contracting State is competent to do

Article 4

Contracting State shall designate one or more transmitting authorities for the forwarding applications for legal aid to the appropriate Central Authority State.

for legal aid shall be transmitted, without the intervention of any in the form of the model annexed to this Convention.

Article shall prevent an application from being submitted through submit his application to a transmitting authority in the Contracting has his habitual residence, without prejudice to any other means submitting his application to the competent authority in the requested The application shall be in the form of the model annexed to this shall be accompanied by any necessary documents, without prejudice the requested State to require further information or documents in appropriate

Any Contracting State may declare that its receiving Central Authority applications submitted by other channels or methods.

Article 6

The transmitting authority shall assist the applicant in ensuring application is accompanied by all the information and documents known necessary for consideration of the application. It shall ensure requirements are met. If it appears to the transmitting authority that the application unfounded, it may refuse to transmit the application. It shall assist the applicant in obtaining without charge a translation documents where such assistance is appropriate. It shall reply to requests for further information from the receiving Authority in the requested State.

Article 7

The application, the supporting documents and any communications requests for further information shall be in the official language official languages of the requested State or be accompanied by a translation of those languages. However, where in the requesting State it is not feasible to obtain the language of the requested State, the latter shall accept the documents English or French, or the documents accompanied by a translation languages.

Communications emanating from the receiving Central Authority up in the official language or one of the official languages of the requested in English or French. However, where the application forwarded by authority is in either English or French, or is accompanied by a translation of those languages, communications emanating from the receiving shall also be in one of those languages. The costs of translation arising from the application of the preceding shall be borne by the requesting State, except that any translations requested State shall not give rise to any claim for reimbursement on State.

Article 8

The receiving Central Authority shall determine the application steps as are necessary to obtain its determination by a competent Article 9 applicant for legal aid does not reside in a Contracting State, he may application through consular channels, without prejudice to any other him of submitting his application to the competent authority in the

Contracting State may declare that its receiving Central Authority will accept submitted by other channels or methods.

Article 10

forwarded under this Chapter shall be exempt from legalization or formality.

Article 11

shall be made for the transmission, reception or determination of legal aid under this Chapter.

Article 12

for legal aid shall be handled expeditiously.

Article 13

aid has been granted in accordance with Article 1, service of other Contracting State in pursuance of the legally aided person’s shall not give rise to any charges regardless of the manner in which effected. The same applies to Letters of Request and social enquiry for fees paid to experts and interpreters. person has received legal aid in accordance with Article 1 for a Contracting State and a decision has been given in those shall, without any further examination of his circumstances, be aid in any other Contracting State in which he seeks to secure the enforcement of that decision.

CHAPTER II

FOR COSTS AND ENFORCEABILITY OF ORDERS FOR COSTS

Article 14

bond or deposit of any kind may be required, by reason only of their nationality or of their not being domiciled or resident in the State in which commenced, from persons (including legal persons) habitually Contracting State who are plaintiffs or parties intervening in before the courts or tribunals of another Contracting State.

shall apply to any payment required of plaintiffs or intervening security for court fees. proceedings have been commenced shall, on the application of the the benefit of the order, be rendered enforceable without charge Contracting State.

Article 16

Each Contracting State shall designate one or more transmitting authorities purpose of forwarding to the appropriate Central Authority in the applications for rendering enforceable orders to which Article 15 applies. Each Contracting State shall designate a Central Authority applications and to take the appropriate steps to ensure that a final is reached. Federal States and States which have more than one legal system more than one Central Authority. If the Central Authority to which submitted is not competent to deal with it, it shall forward the whichever other Central Authority in the requested State is competent Applications under this Article shall be transmitted without the intervention other authority, without prejudice to an application being transmitted diplomatic channels. Nothing in this Article shall prevent applications from being made person entitled to the benefit of the order unless the requested State it will not accept applications made in this manner.

Article 17

Every application under Article 15 shall be accompanied by -

(a) a true copy of the relevant part of the decision showing and capacities of the parties and of the order for payment of costs

(b) any document necessary to prove that the decision subject to the ordinary forms of review in the State of origin enforceable there;

(c) a translation, certified as true, of the above-mentioned into the language of the requested State, if they are not in that

The application shall be determined without a hearing and the competent in the requested State shall be limited to examining whether the required have been produced. If so requested by the applicant, that authority the amount of the costs of attestation, translation and certification, treated as costs and expenses of the proceedings. No legalization formality may be required. There shall be no right of appeal against the decision of the competent except in accordance with the law of the requested State. Article 18 any Contracting State and persons habitually resident in any may obtain in any other Contracting State, on the same terms and nationals, copies of or extracts from entries in public registers and relating to civil or commercial matters and may have such documents necessary.

CHAPTER IV

PHYSICAL DETENTION AND SAFE-CONDUCT

Article 19

detention, whether as a means of enforcement or simply as a measure, shall not, in civil or commercial matters, be employed nationals of a Contracting State or persons habitually resident in a in circumstances where they cannot be employed against nationals and detaining State. Any fact which may be invoked by a national resident in such State to obtain release from arrest or detention may be the same effect by a national of a Contracting State or a person resident in a Contracting State even if the fact occurred abroad.

Article 20

is a national of or habitually resident in a Contracting State and who name by a court or tribunal in another Contracting State, or by a leave of the court or tribunal, in order to appear as a witness or expert in that State shall not be liable to prosecution or detention, or other restriction on his personal liberty, in the territory of that State act or conviction occurring before his arrival in that State.

provided for in the preceding paragraph shall commence seven days fixed for the hearing of the witness or expert and shall cease when expert having had, for a period of seven consecutive days from the informed by the judicial authorities that his presence is no longer opportunity of leaving has nevertheless remained in the territory, or returned voluntarily.

CHAPTER V

GENERAL PROVISIONS

Article 21

prejudice to the provisions of Article 22, nothing in this Convention shall limiting any rights in respect of matters governed by this Convention conferred upon a person under the law of any Contracting State or convention to which it is, or becomes, a party. Convention of 1905 or Articles 17 to 26 of the Convention of reservation provided for under paragraph 2 (c) of Article 28 of this been made.

Article 23

Supplementary agreements between Parties to the Conventions shall be considered as equally applicable to the present Convention, they are compatible therewith, unless the Parties otherwise agree.

Article 24 A Contracting State may by declaration specify a language or languages those referred to in Articles 7 and 17 in which documents sent Authority may be drawn up or translated.

Article 25

A Contracting State which has more than one official language reasons of internal law, accept for the whole of its territory documents Articles 7 and 17 drawn up in one of those languages shall by declaration language in which such documents or translations thereof shall submission in the specified parts of its territory.

Article 26

If a Contracting State has two or more territorial units in which of law are applicable in relation to matters dealt with in this Convention, the time of signature, ratification, acceptance, approval or accession Convention shall extend to all its territorial units or only to one or may modify that declaration by submitting another declaration at any Any such declaration shall be notified to the Ministry of Foreign Kingdom of the Netherlands and shall state expressly the territorial the Convention applies.

Article 27

Where a Contracting State has a system of government under judicial and legislative powers are distributed between central and within that State, its signature or ratification, acceptance, or accession to this Convention, or its making of any declaration under carry no implication as to the internal distribution of powers within

Article 28

Any Contracting State may, at the time of signature, ratification, approval or accession, reserve the right to exclude the application of case of persons who are not nationals of a Contracting State but habitual residence in a Contracting State other than the reserving had their habitual residence in the reserving State, if there is no treatment between the reserving State and the State of which the applicants the use of English or French, or both, under paragraph 2 of Article the application of paragraph 2 of Article 13;

the application of Chapter II;

the application of Article 20.

has made a reservation -

under paragraph 2 (a) of this Article, excluding the use of both and French, any other State affected thereby may apply the same rule the reserving State;

under paragraph 2 (b) of this Article, any other State may refuse to paragraph 2 of Article 13 to persons who are nationals of or habitually in the reserving State;

under paragraph 2 (c) of this Article, any other State may refuse to Chapter II to persons who are nationals of or habitually resident in the State.

reservation shall be permitted. Contracting State may at any time withdraw a reservation it has made. The be notified to the Ministry of Foreign Affairs of the Kingdom of the reservation shall cease to have effect on the first day of the third after the notification.

Article 29 Contracting State shall, at the time of the deposit of its instrument of accession, or at a later date, inform the Ministry of Foreign Affairs of the Netherlands of the designation of authorities pursuant to Articles likewise inform the Ministry, where appropriate, of the following -

declarations pursuant to Articles 5, 9, 16, 24, 25, 26 and 33;

any withdrawal or modification of the above designations and declarations;

the withdrawal of any reservation.

Article 30

forms annexed to this Convention may be amended by a decision of a Commission convoked by the Secretary General of the Hague Conference to Contracting States and all Member States shall be invited. Notice of the Secretary General to all Contracting States. During the period provided for by paragraph 2 any Contracting notification in writing to the Ministry of Foreign Affairs of the Netherlands make a reservation with respect to the amendment. A Party reservation shall until the reservation is withdrawn be treated as a to the present Convention with respect to that amendment.

CHAPTER VI

FINAL CLAUSES

Article 31

The Convention shall be open for signature by the States which the Hague Conference on Private International Law at the time Session and by non-Member States which were invited to participate preparation. It shall be ratified, accepted or approved and the instruments acceptance or approval shall be deposited with the Ministry of Foreign Kingdom of the Netherlands.

Article 32

Any other State may accede to the Convention. The instrument of accession shall be deposited with the Ministry Affairs of the Kingdom of the Netherlands. Such accession shall have effect only as regards the relations acceding State and those Contracting States which have not raised an accession in the twelve months after the receipt of the notification referred paragraph 2 of Article 36. Such an objection may also be raised by the time when they ratify, accept or approve the Convention after an such objection shall be notified to the Ministry of Foreign Affairs of the Netherlands.

Article 33 Any State may, at the time of signature, ratification, acceptance, accession, declare that the Convention shall extend to all the territories international relations of which it is responsible, or to one or more declaration shall take effect at the time the Convention enters into State. Such declaration, as well as any subsequent extension, shall be Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 34 The Convention shall enter into force on the first day of the third after the deposit of the third instrument of ratification, acceptance, accession referred to in Articles 31 and 32. territory or territorial unit to which the Convention has been conformity with Article 26 or 33, on the first day of the third calendar notification referred to in that Article.

Article 35

Convention shall remain in force for five years from the date of its entry into accordance with the first paragraph of Article 34 even for States which have ratified, accepted, approved it or acceded to it.

been no denunciation, it shall be renewed tacitly every five years. denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands, at least six months before the expiry of the five year limited to certain of the territories or territorial units to which the applies. denunciation shall have effect only as regards the State which has notified it. shall remain in force for the other Contracting States.

Article 36 of Foreign Affairs of the Kingdom of the Netherlands shall notify Members of the Conference, and the States which have acceded in Article 32, of the following -signatures and ratifications, acceptances and approvals referred to in accessions and objections raised to accessions referred to in Article 32; on which the Convention enters into force in accordance with declarations referred to in Articles 26 and 33;

reservations and withdrawals referred to in Articles 28 and 30; information communicated under Article 29; denunciations referred to in Article 35.

whereof the undersigned, being duly authorised thereto, have signed

Hague, on the 25th day of October, 1980, in the English and French texts being equally authentic, in a single copy which shall be archives of the Government of the Kingdom of the Netherlands and certified copy shall be sent, through diplomatic channels, to each of the of the Hague Conference on Private International Law at the date of Session and to each other State having participated in the preparation Convention at this Session. Convention on International Access to Justice, signed at The Hague, on the 25th of October 1980.

Identity and address Address of the receiving of the transmitting authority Central Authority The undersigned transmitting authority has the honour to transmit Central Authority the attached application for legal aid and its concerning the applicant’s financial circumstances), for the purpose the above-mentioned Convention.

Remarks concerning the application and the statement, if any: Other remarks, if any: Done at ........................, the ..................

Signature and/or stamp Hague, on the 25th of October 1980.

and address of the applicant for legal aid or tribunal in which the proceedings have been or will be initiated (if

Subject-matter(s) of proceedings; amount of the claim, if applicable

If applicable, list of supporting documents pertinent to commenced or intended proceedings*

Name and address of the opposing party*

date or time-limit relating to proceedings with legal consequences for the applicant, calling for speedy handling of the application*

other relevant information*

at ........................, the ..................

Applicant’s signature inappropriate.

application for legal aid concerning the applicant's financial circumstances situation name (maiden name, if applicable)

first name(s)

date and place of birth nationality

(a) habitual residence (date of commencement of the residence)

(b) former habitual residence (date of commencement and termination of the residence)

civil status (single, married, widow(er), divorced, separated) 16 other persons dependent on the applicant

17 supplementary information concerning the family

II Financial circumstances

18 occupation

19 name and address of employer or place of exercise

20 income of the of the applicant spouse

(a) salary (including payments in kind)

(b) pensions, disability pensions, alimonies, allowances, annuities

(c) unemployment benefits

(d) income from non-salaried occupations

(e) income from securities and floating capital

(f) income from real property

(g) other sources of income

21 real property of the of the applicant spouse

(please state value(s) and obligations)

22 other assets of the of the applicant spouse

(securities, sharings in profits, claims, bank accounts, business capital, etc.) balance to be paid and annual/monthly repayments)

maintenance obligations (state monthly payments)

house rent (including costs of heating, electricity, gas and water)

other recurring obligations income tax and social security contributions for the previous year remarks of the applicant if applicable, list of supporting documents

The undersigned, being fully aware of the penalties provided by law for the making of a false statement, declares that the above statement is complete and correct.

Done at ...................... (place)

the ................................ (date)

........................................ (applicant’s signature) (Articles 5, 8, 21 and 42)