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April 1997. Law On Consent To The Convention Relating To The Issuance Of Extracts Plurilingual Of Acts Of Civil Status, And Schedules, Made In Vienna On September 8, 1976, And The Additional Protocol To The Convention Concerning The International Excha...

Original Language Title: AVRIL 1997. Loi portant assentiment à la Convention relative à la délivrance d'extraits plurilingues d'actes de l'état civil, et Annexes, faites à Vienne le 8 septembre 1976, et au Protocole additionnel à la Convention concernant l'échange international d

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3 AVRIL 1997. An Act to approve the Convention on the Grant of Multilingual Excerpts of Civil Status Acts, and Annexes, made in Vienna on 8 September 1976, and the Protocol to the Convention on the International Exchange of Civil Information, signed in Istanbul on 4 September 1958, and Annex, made in Patras on 6 September 1989



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in section 77, paragraph 1er6° of the Constitution.
Art. 2. The following international acts:
1° the Convention on the Grant of Multilingual Excerpts of Civil Proceedings, and the Annexes, made in Vienna on 8 September 1976;
2° the Additional Protocol to the Convention concerning the International Exchange of Civil Information, signed in Istanbul on 4 September 1958, and the Annex, made in Patras on 6 September 1989,
will come out their full effect.
Art. 3. Forms issued under the Convention referred to in Article 2, 1° shall conform to the models annexed to this Act.
Art. 4. The King may bring to the models annexed to the International Conventions referred to in Article 2, any amendment or addition that would have been accepted by the Contracting States.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, April 3, 1997.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK.
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CONVENTION
relating to the issuance of multilingual extracts
of Civil Status Acts
The States signatories to this Convention, wishing to improve the rules relating to the issuance of plurilingual extracts from certain civil status acts, in particular when intended to serve abroad, have agreed on the following provisions:
Article 1er.
Excerpts from civil records that recognize birth, marriage or death are, where an interested party so requests or when their use requires translation, established in accordance with formulas A, B and C annexed to this Convention.
In each Contracting State, these extracts are issued only to persons who have quality to obtain literal shipments.
Art. 2.
The extracts are based on the original statements and subsequent mentions of the acts.
Art. 3.
Each Contracting State may complete the forms annexed to this Convention by boxes and symbols indicating other statements or mentions of the act, provided that the wording has been previously approved by the General Assembly of the International Civil State Commission.
However, each Contracting State may enter a box to receive an identification number.
Art. 4.
All inscriptions to be marked on the forms are written in Latin print characters: they can also be written in the characters of the language that was used for the writing of the act to which they refer.
Art. 5.
The dates are listed in Arabic numbers indicating successively, under the symbols Jo, Mo and An, the day, month and year. The day and month are indicated by two figures, the year by four figures. The first nine months of the year are indicated by figures ranging from 01 to 09.
The name of any place mentioned in an extract is followed by the name of the State where this place is located, whenever this State is not the one where the extract is issued.
The identification number is preceded by the name of the State that assigned it.
To indicate the sex are used exclusively the following symbols: F = female, M = Male.
To indicate marriage, separation of body, divorce, annulment of marriage, the death of the owner of the birth certificate and the death of the husband or wife, are exclusively used the following symbols: Mar = marriage; Sc = body separation; Div = divorce; A = cancellation; D = death; Dm = death of the husband; Df = woman's death. These symbols are followed by the date and venue of the event. The "Mar" symbol is also followed by the names and names of the spouse.
Art. 6.
At the recto of each excerpt the invariable formulas, excluding the symbols provided for in Article 5 with respect to dates, are printed in at least two languages, including the language or one of the official languages of the State where the extract is issued and the French language.
The meaning of the symbols must be indicated at least in the language or one of the official languages of each of the States that, at the time of the signing of this Convention, are members of the International Civil State Commission or are bound by the Paris Convention of 27 September 1956 on the issue of certain extracts of civil status destined abroad, as well as in the English language.
On the back of each extract must include:
- a reference to the Convention in the languages indicated in the second paragraph of this article;
- the translation of invariable formulas in the languages indicated in the second paragraph of this article, provided that these languages were not used in the recto;
- a summary of articles 3, 4, 5 and 7 of the Convention, at least in the language of the authority issuing the extract.
Each State which adheres to this Convention shall communicate to the Federal Council of Switzerland, at the time of the deposit of its act of accession, the translation into its official languages of invariable formulas and the meaning of symbols.
This translation is transmitted by the Swiss Federal Council to the Contracting States and to the Secretary General of the International Civil State Commission.
Each Contracting State may add this translation to the extracts that will be issued by its authorities.
Art. 7.
If the wording of the act does not allow to fill a box or part of the box of the extract, this box or part of the box is rendered unusable by traits.
Art. 8.
The excerpts shall bear the date of their deliverance and shall be clothed with the signature and seal of the authority which issued them. They have the same value as extracts issued in accordance with the rules of domestic law in force in the State of which they emanate.
They shall be accepted without legalization or equivalent formality in the territory of each State bound by this Convention.
Art. 9.
Subject to international agreements relating to the free issuance of shipments or excerpts of civil status, excerpts issued under this Convention shall not result in the perception of higher rights than extracts established under the domestic legislation in force in the State of which they emanate.
Art. 10.
This Convention does not preclude the obtaining of literal shipments of civil status acts established in accordance with the domestic law of the country where such acts have been drawn up or transcribed.
Art. 11.
Each Contracting State may, at the time of signature, declare that it reserves the right not to apply this Convention to extracts of birth certificates concerning adopted children.
Art. 12.
The Contracting States shall notify the Federal Council of the fulfilment of the procedures required by their Constitution to make this Convention applicable in their territory.
The Federal Council of Switzerland shall notify the Contracting States and the Secretary General of the International Civil State Commission of any notification within the meaning of the preceding paragraph.
Art. 13.
This Convention shall enter into force from the thirtieth day after the date of the filing of the fifth notification and shall therefore take effect between the five States that have completed this formality.
For each subsequent Contracting State fulfilling the formality provided for in the preceding Article, this Convention shall take effect from the thirtieth day after the date of the filing of its notification.
Upon the entry into force of this Convention, the Depositary Government shall forward the text to the United Nations Secretariat for its registration and publication, in accordance with Article 102 of the Charter of the United Nations.
Art. 14.
The Convention on the Granting of Certain Excerpts of Civil Status Destined Abroad, signed in Paris on 27 September 1956, ceases to be applicable between the States in respect of which this Convention has entered into force.
Art. 15.
The reservation referred to in Article 11 may at any time be withdrawn completely or partially. The withdrawal will be notified to the Swiss Federal Council.
The Federal Council of Switzerland shall notify the Contracting States and the Secretary General of the International Civil State Commission of any notification within the meaning of the preceding paragraph.
Art. 16.
This Convention applies in full right to the full extent of the metropolitan territory of each Contracting State.
Any State may, at the time of signature, notification, accession or thereafter, declare by notification to the Federal Council of Switzerland that the provisions of this Convention shall be applicable to one or more of its extra-metropolitan territories, States or territories of which it assumes international responsibility. The Federal Council of Switzerland shall notify each of the Contracting States and the Secretary General of the International Civil State Commission of the latter. The provisions of this Convention shall become applicable in the territory(s) designated in the notification on the sixtieth day after the date on which the Swiss Federal Council has received the notification.
Any State that has made a declaration, in accordance with the provisions of paragraph 2 of this article, may thereafter declare at any time, by notification addressed to the Federal Council of Switzerland, that this Convention shall cease to be applicable to one or more of the States or territories designated in the declaration.
The Federal Council of Switzerland will notify of the new notification each of the Contracting States and the Secretary General of the International Civil State Commission.
The Convention shall cease to be applicable to the territory referred to on the sixtieth day after the date on which the Swiss Federal Council has received such notification.
Art. 17.
Any State may accede to this Convention after its entry into force. The application will be filed with the Federal Council of Switzerland. It shall notify each of the Contracting States and the Secretary General of the International Civil State Commission of any deposit of accession. The Convention shall enter into force, for the Member State, on the thirtieth day after the date of the deposit of the act of accession.
Art. 18.
This Convention shall remain in force without limitation of time. However, each Contracting State shall have the power to denounce it at any time by means of a written notification to the Swiss Federal Council, which shall inform the other Contracting States and the Secretary General of the International Civil State Commission.
Such denunciation may not be exercised before the expiry of a period of one year from the date on which the Convention entered into force with respect to it.
The denunciation shall be effective after six months after the date on which the Federal Council of Switzerland has received the notification provided for in paragraph 1 of this article.
IN WITNESS WHEREOF the undersigned representatives, duly authorized to do so, have signed this Convention.
DATED at Vienna, on 8 September 1976, in a copy to be deposited in the archives of the Federal Council of Switzerland and a certified copy to be sent by diplomatic means to each of the Contracting States and to the Secretary General of the International Commission of the Civil State. .
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ADDITIONAL PROTOCOL
to the Convention concerning the International Exchange of Civil Information, signed in Istanbul on 4 September 1958, and annexed to Patras on 6 September 1989
The States signatories to this Protocol, members of the International Commission of Civil State and Contracting Parties to the Convention of 4 September 1958 concerning the international exchange of civil status information,
Taking into account developments in the field of international civil status information, and wishing to adapt the notices required under section 1er Convention of 4 September 1958,
The following provisions were agreed:
Article 1er.
1. With regard to the transmission of information relating to the acts referred to in Article 1er of the Convention of 4 September 1958, States may use either the formulas provided for in Article 2 of this Convention, or the models of multilingual extracts of the Conventions signed in Paris on 27 September 1956 and in Vienna on 8 September 1976, or another model elaborated for this purpose by the International Commission of the Civil State.
2. When using the postway, the notices are transmitted under cached fold.
Art. 2.
1. When the formulas provided for in Article 2 of the Convention of 4 September 1958 are used, it shall be supplemented by the English, Spanish, Greek and Portuguese translations of the notice templates, as set out in the annex to this Protocol.
2. When the models of plurilingual extracts of the Conventions signed in Paris on 27 September 1956 and in Vienna on 8 September 1976 are used, the following mention, written in the languages of the invariable statements of the extract, must appear: "This extract of the marriage/decay is transmitted for notice within the meaning of Article 1er of the Convention of 4 September 1958 concerning the international exchange of information on civil status". The mention can either be affixed directly to the multilingual extract model used, or appear on a stapled attachment to the extract in question.
Art. 3.
This Protocol shall be ratified, accepted or approved and instruments of ratification, acceptance or approval shall be deposited with the Federal Council of Switzerland.
Art. 4.
1. This Protocol shall enter into force on the first day of the third month following the deposit of the second instrument of ratification, acceptance, approval or accession.
2. With respect to the State that will ratify, accept, approve or accede to after its entry into force, the Protocol shall take effect on the first day of the third month following that of the deposit by that State of the instrument of ratification, acceptance, approval or accession.
Art. 5.
Any State that has ratified, accepted or endorsed the Convention of 4 September 1958 or acceded to it may accede to this Protocol. The instrument of accession will be deposited with the Federal Council of Switzerland.
Art. 6.
The provisions of Article 7 of the Convention of 4 September 1958 shall apply, mutatis mutandis, to the determination of the territorial domain of this Protocol.
Art. 7.
1. This Protocol shall remain in force without limitation of time.
2. For the State denouncing the Convention of 4 September 1958, this Protocol shall cease to be in force simultaneously with the Convention.
Art. 8.
1. The Federal Council of Switzerland will notify the Member States of the International Civil State Commission:
(a) the deposit of any instrument of ratification, acceptance, approval or accession;
(b) any effective date of the Protocol;
(c) any declaration concerning the territorial extension or withdrawal of the Protocol, with the date on which it will take effect.
2. The Federal Council of Switzerland shall notify the Secretary General of the International Civil State Commission of any notification made pursuant to paragraph 1.
3. Upon entry into force of this Protocol, a certified true copy shall be transmitted by the Federal Council of Switzerland to the Secretary General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
DONE at Patras, on 6 September 1989, in a single copy, in the French language, which will be deposited in the archives of the Swiss Federal Council, and a certified copy of which will be handed to each member State of the International Civil State Commission by diplomatic means. A certified true copy will also be sent to the Secretary General of the International Civil State Commission.
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Vienna: 8 September 1976 - Wenen: 8 September 1976
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