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25 MARCH 1999. - An Act to approve the Convention between the Kingdom of Belgium and the Republic of Tunisia on mutual legal assistance in civil and commercial matters, signed in Tunis on 27 April 1989 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention between the Kingdom of Belgium and the Republic of Tunisia on mutual legal assistance in civil and commercial matters, signed in Tunis on 27 April 1989, will come out its full effect.
Art. 3. By derogation from Article 617 of the Judicial Code, the judgments of execution referred to in Article 4 of the Convention are subject to appeal regardless of the sum of costs and expenses.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 March 1999.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) 1996-1997 session:
Senate.
Documents. - Bill tabled on 1^er August 1997, No. 1-716/1.
Session 1998-1999:
Amendments filed on 5 January 1999, No. 1-716/2. - Report, no. 1-716/3. - Text adopted in session and transmitted to the Chamber, No. 1-716/4.
Annales parliamentarians. - Discussion. Session of January 21, 1999. - Vote. Session of January 21, 1999.
Room.
Documents. - Project transmitted by the Senate on 12 February 1999, No. 49-1992/1. - Report, No. 49-1992/2.
Annales parliamentarians. - Discussion. Session of February 25, 1999. - Vote. Session of February 25, 1999.

Convention between the Republic of Tunisia and the Kingdom of Belgium on mutual legal assistance in civil and commercial matters
The President of the Republic of Tunisia, on the one hand,
and
Her Majesty the King of the Belgians, on the other hand,
Desiring to maintain the ties between their two countries and, in particular, to resolve issues relating to mutual legal aid in civil and commercial matters,
To that end, they were appointed for their respective Plenipotentiaries:
The President of the Republic of Tunisia:
Mr. Hamed Karoui, Minister of Justice.
His Majesty the King of the Belgians:
Mr. Melchior Wathelet, Deputy Prime Minister and Minister of Justice and Average Classes.
The following provisions were agreed upon after having exchanged their full powers and found them in good form:
TITRE PREMIER
A. Access to courts
Article 1
The nationals of each of the two states have free access to the judicial and administrative courts of the other State for the prosecution and defence of their rights.
B. Deposit " judicatum solvi"
Article 2
No deposit or deposit, under any denomination, may be imposed, either on the basis of their status as foreigners, or on their lack of domicile or residence in the country, on nationals, including legal persons, of one of the contracting States that will be applicants or interveners in the courts of the other, provided that they have their domicile in one of the two countries.
Article 3
(1) The charges and costs of the trial in one of the two States against the applicant or the intervener exempted from the bail, deposit or payment, pursuant to either section 2, or the law of the country where the action is brought, are, on request, made free of charge enforceable by the competent authority of the other State.
(2) The application for exequatur is transmitted between the Ministries of Justice either directly or through diplomatic channels. It may also be brought directly by the interested party to the competent judicial authority. This application must be accompanied by a detailed statement of costs and expenses claimed.
Article 4
(1) Decisions relating to costs and costs shall be declared enforceable without hearing the parties, unless further recourse is made by the convicted party, in accordance with the law of the country where enforcement is pursued.
(2) The competent authority to rule on the application for exequatur is limited to examining:
(a) if, according to the law of the country in which the conviction was pronounced, the shipment of the decision meets the conditions necessary for its authenticity;
(b) if, according to the same law, the decision has passed into force of a judgment.
(3) In order to meet the requirements of paragraph 2, letter (b), decisions shall be accompanied by:
(a) a document from which the decision was served on the party against which the execution is continued;
(b) an attestation that the decision may no longer be subject to an ordinary remedy;
(c) a certificate issued by the Ministry of Justice of the State of origin and relating to the time limits of ordinary remedies.
C. Legal assistance
Article 5
The nationals of each of the two states are admitted to the courts both judicial and administrative of the other State for the benefit of judicial assistance as the nationals themselves, in accordance with the law of the country where assistance is requested.
Article 6
The evidence of indigence is issued by the authorities of the applicant's habitual residence. If the person concerned resides in a third country, these documents may be prepared by the diplomatic or consular representative of the State of which he is a national.
Article 7
The authorities of a competent Contracting State to issue evidence of indigence or to decide on a request for judicial assistance may take additional information on the claimant's fortune situation.
Article 8
Requests for judicial assistance may be transmitted:
(a) for requests from Belgium by the Belgian diplomatic or consular representative to the Prosecutor of the competent Republic;
(b) for applications from Tunisia, by the Tunisian diplomatic or consular representative to the relevant King ' s Prosecutor.
PART II
Transmitted judicial and extrajudicial acts
Article 9
Judicial and extrajudicial acts in civil and commercial matters established in one of the two states and intended for persons residing in the territory of the other State are transmitted between ministries of Justice either directly or through diplomatic channels.
They may also be transmitted as follows:
(a) when intended for persons residing in the territory of the Republic of Tunisia, directly by the Belgian diplomatic or consular representative in Tunisia to the Prosecutor of the Republic;
(b) when intended for persons residing in the territory of the Kingdom of Belgium, directly by the Tunisian diplomatic or consular representative in Belgium to the Prosecutor of the competent King.
The foregoing provisions do not oppose the ability, for each State, to carry out directly without coercion, through the care of its Diplomatic or Consular Representative, the handover of acts intended for its nationals. In the event of a conflict of laws, the nationality of the consignee is determined in accordance with the law of the State in which the surrender is to take place.
Article 10
The application shall indicate:
(a) the authority of who emanates the act transmitted;
(b) the nature of the act;
(c) the name and quality of the parties;
(d) the name and address of the recipient.
Article 11
(1) The required authority is limited to ensuring the surrender of the act to its consignee, unless the requesting authority requests that the act be served by a ministerial officer or in a special form, provided that it is not contrary to the law of the requested State.
(2) The proof of the surrender is made by means of a receipt dated and signed by the recipient or a declaration of the required authority indicating the fact, form and date of the surrender, as well as the identity of the person to whom the act was delivered. These documents are immediately forwarded to the requesting authority.
(3) If the consignee refuses to receive the act or if the surrender could not take place for any other reason, the requested authority shall, without delay, return the act to the requesting authority by indicating the reason that prevented the surrender.
(4) The requested State may reject the request for surrender or service of the act only if it deems it to be carried out contrary to public order.
Article 12
The delivery of judicial and extrajudicial acts does not result in any reimbursement of costs, except for those caused by the use of a ministerial officer or by the use of a special form.
PART III. - Letters of Request
Article 13
The rogatory commissions in civil and commercial matters are transmitted either through diplomatic channels or directly between the Ministries of Justice.
Article 14
(1) The judicial authority to which the rogatory commission is addressed is obliged to satisfy it by using the same means of constraint as for the execution of a commission of the authorities of his country or a request made to that effect by an interested party.
(2) The requesting authority shall, if requested, be informed of the date and location of the requested action, so that the interested party is in a position to attend or be represented.
(3) The execution of the rogatory commission can only be refused:
(a) if the authenticity of the document is not established;
(b) if, in the requested State, such execution does not fall within the powers of the judiciary;
(c) if the requested State is the judge of a nature to impair its public order.
Article 15
In the event of an incompetence of the required authority, the rogatory commission shall be forwarded to the competent judicial authority of the same State, in accordance with the rules established by the law of the same State.
Article 16
In any case where the Letter of Request has not been executed by the requested authority, the Requesting Authority shall immediately notify the requesting authority, indicating the reasons why the execution did not take place.
Article 17
The requested authority shall execute the rogatory commission in the form prescribed by the law of his country. However, it is referred to the request of the requesting authority that a special form be carried out if it is not contrary to the law of the requested State.
Article 18
The execution of the rogatory commissions cannot result in any reimbursement of costs, except for the fees of experts and the costs resulting from the use of a special form requested by the requesting State.
PART IV. - Common provisions
Article 19
The documents to be transmitted or produced pursuant to this Convention shall be written in the language or language of the State of the requesting authority.
They must be accompanied by their translation prepared by a sworn translator in the language or one of the official languages of the requested State.
In their relations, the Departments of Justice correspond each to one of the official languages of their State and, where appropriate, their communications will be accompanied by a translation into the French language.
Rule 20
Parts produced or transmitted under this Convention shall be exempt from any legalization or similar formality.
PART V. - Final provisions
Article 21
Disputes arising from the application of this Convention will be resolved through diplomatic channels.
Article 22
(1) This Convention shall be ratified; the exchange of instruments of ratification will take place as soon as possible in Brussels.
(2) It will enter into force thirty days after the exchange of instruments of ratification.
(3) It will cease to be in force one year after denunciation by one of the High Contracting Parties.
In faith, the Plenipotentiaries signed this Convention and put it on their seal.
Done in Tunis, the Twenty-Fifth April of the Year Nine Cent Four Twenty Nine, in double copy, in Arabic, French and Dutch, the three texts being equally authentic.
For the Republic of Tunisia:
HAMED KAROUI,
Minister of Justice.
For the Kingdom of Belgium:
MELCHIOR WATHELET,
Minister of Justice.

In accordance with article 22, the Convention entered into force on 2 October 1999.