DECREE NO. 3,832, OF 1º JUNE 2001

Promuling the Statute of the Hague Conference of Private International Law, adopted at the VII Hague Conference of International Law Private, from 9 a to October 31, 1951.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, inciso IV, of the Constitution,

Whereas the Statute of the Hague Conference of Private International Law, was approved at the VII Conference, held in the period of 9 a to October 31, 1951;

Whereas the National Congress passed the multilateral act in epitography through the Legislative Decree No. 41, of May 14, 1998;

Whereas the Brazilian Government deposited the Instrument of Ratification of the said act on February 23, 2001, passing the same to the invigorate, to Brazil, on that date;

DECRETA:

Art. 1º The Statute of the Hague Conference of Private International Law, approved in the VII Conference, held in the period from 9 a to October 31, 1951, apensed by copy to this Decree, will be executed and fulfilled as entirely as it contains.

Single paragraph. They are subject to the approval of the National Congress any acts that may result in revision of the said Statute, as well as any supplementary adjustments which, pursuant to art. 49, I, of the Constitution, carry charges or gravy commitments to the national heritage.

Art. 2º This Decree takes effect on the date of its publication.

Brasilia, 1º June 2001; 180º of the Independence and 113º of the Republica.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

Statute of the Hague Conference of Law Private International

The Hague, 9?31 October, 1951.

The Governments of the States listed below,

Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Italy, Japan, Luxembourg, Norway, the Netherlands, Portugal, United Kingdom of the Gran?Brittany and Northern Ireland, Sweden and Switzerland;

Considering the permanent character of the Hague Conference of Private International Law;

Desiring to accentuate that character;

Having, to that end, judged desirable to provide the Conference with a Statute;

Concame in the following provisions:

Article 1

The Hague Conference aims to work towards the progressive unification of the rules of private international law.

Article 2

Are Members of the Conference of the Hague of Private International Law the States that have participated in one or several of the sessions of the Conference and who accept the present Statute.

Should they become any other States whose participation has legal significance for the proceedings of the Conference. The admission of new Members shall be decided by the Governments of the participating States, by proposals of one or several of them, by a majority of the votes cast, within a period of six months counted from the date on which such a proposal is submitted to the Governments.

The admission to make? se?á definitive by the acceptance of this Statute by the State concerned.

Article 3

The State Commission Dutch, instituted by the Royal Decree of February 20, 1897 to promote the codification of private international law, shall be charged with the operation of the Conference.

The Commission shall ensure such operation by intermediate of a Permanent Repartition, whose activities, will drive.

It will examine all proposals intended to be included in the agenda of the Conference. She will be able to freely determine the measures to be taken in relation to those proposals.

The State Commission shall fix, after consultation with the Conference Members, the date and agenda of the Conference.

She will address the Government of the Netherlands for the convening of the Members.

The ordinary sessions of the Conference will be held in principle, every four years.

In case of necessity, the Commission of State may, after approval by the Members, request the Government of the Netherlands to convene the Conference in extraordinary session.

Article 4

The Repartition Permanent will have its headquarters in The Hague. It will be made up of a General Secretary and two Secretaries of Various Nationalities who will be appointed by the Government of the Netherlands upon proposals from the State Commission.

The Secretary General and the Secretaries shall possess appropriate legal knowledge and practical experience.

The number of Secretaries may be increased after consultation with Members of the Conference.

Article 5

Under the direction of the State Commission, the Permanent Repartition will be in charge of:

a) of the preparation and organization of the sessions of the Hague Conference and of the meetings of the special committees;

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b) of the proceedings of the Secretariat of the sessions and meetings provided above;

c) of all work included in the activities of a secretariat.

Article 6

The Government of each of the Members should designate a national body with the aim of facilitating the communications between the Conference Members and the Permanent Repartition.

Permanent Repartition can correspond? if with all the national bodies so designated, and with the relevant international organizations.

Article 7

The Conference and, in the range of the sessions, the State Commission will be able to set up special commissions in order to draw up convention projects or study any matters of private international law included in the objectives of the Conference.

Article 8

The operating and maintenance expenses of the Permanent Repartition and of the special committees shall be prorated among the Members of the Conference, with the exception of the expenses of travel and staying of the Delegates in the special committees, expenses such that shall be borne by the Represented Governments.

Article 9

The budget of the Permanent Repartition and of the special commissions will be submitted, each year, to the approval of the diplomatic representatives of the Members in The Hague.

These representatives should also ratchet up among the Members the expenditure to these allocated by the budget.

The diplomatic representatives shall meet? se?ao, for such purpose, under the chairmanor of the Minister of Foreign Affairs of the Netherlands.

Article 10

The expenses that result from the ordinary sessions of the Conference will be borne by the Government of the Countries Low.

In the case of an extraordinary session, the expenses will be prorated among the Conference Members represented in the session.

In all cases the travel and stay expenses of the Delegates are to be borne by their respective Governments.

Article 11

The practices adopted by the Conference will continue to be maintained in relation to anything other than contrary to this Statute or to the Regulation.

Article 12

Powers shall be made modifications to this Statute if they are approved by two-thirds of the Members.

Article 13

The provisions of this Statute shall be supplemented by a Regulation, which shall ensure that it is implemented. The Regulation shall be adopted by the Permanent Repartition and submitted for the approval of the Governments of the Members.

Article 14

This Statute shall be submitted, for acceptance, to the Governments of the States that participated in one or several of the Conference sessions. It will enter into force as of the date of its acceptance by most of the states represented in the Seventh Session. (1)

The declaration of acceptance will be deposited with the Dutch Government, which will inform the Governments mentioned in the first paragraph of this Article. The same shall apply, in the case of admission of a new State, to the declaration of acceptance of that State.

Article 15

Each Member shall be able to denounce this Statute after a period of five years counted from the date of its entry into force, pursuant to Article 14, paragraph 1.

The notification of the complaint is to be submitted to the Dutch Foreign Ministry at least six months prior to the end of the budget year of the Conference, and shall pass the vigour at the end of the said budget year, but only in respect of the Member that there is the mentioned notification.

(1) The Statute came into force on July 15, 1955.