About The Hague Convention On The Taking Of Evidence Abroad In Civil Or Commercial Matters

Original Language Title: Par Hāgas konvenciju par pierādījumu iegūšanu ārvalstīs civillietās vai komerclietās

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/189302

The Saeima has adopted and the President promulgated the following laws: The Hague Convention on the taking of evidence abroad in civil or commercial matters article 1. The Hague, 18 March 1970 Convention concerning the taking of evidence abroad in civil or commercial matters (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. In accordance with article 2 of the Convention a central institution in Latvia is the Ministry of Justice. 3. article. In accordance with article 4 of the Convention, the fourth part of Latvia accepts requests for legal aid also in Russian. 4. article. In accordance with article 8 of the Convention in the other Contracting State, the judicial authority may be present during the execution of the request, before receiving the permission of the Ministry of Justice. 5. article. Persons in Latvia wants to obtain evidence in accordance with the provisions of the Convention article 16 and 17, shall submit the relevant application to the Ministry of Justice. 6. article. In accordance with article 35 of the Convention, to inform the Ministry of Foreign Affairs of the Kingdom of the Netherlands Ministry of Foreign Affairs of the Republic of Latvia to the notices of the Convention 4, 8, 16 and 17 thereof. 7. article. To recognize that, in accordance with the Cabinet of Ministers on 21 February 1995, order No. 80 "On the accession of the Republic of Latvia to the Hague 18 March 1970 Convention on requesting evidence abroad in civil and commercial matters and the Hague on 15 November 1965 Convention on judicial and extrajudicial use of documents in civil and commercial matters", and article 39 of the Convention, the Convention applies in Latvia to 27 May 1995. 8. article. The law shall enter into force on the day following its promulgation. With the law put the Convention in English and its translation into Latvian language. The Parliament adopted the law of 26 February 2009. President Valdis Zatlers in Riga V 2009 March 18 CONVENTION ON the TAKING OF evidence ABROAD IN CIVIL OR COMMERCIAL matters the States signatory to the present Convention, (menu Rngton Line4) to facilitat the transmission and execution of letters of request and to further the accommodation of the different methods which they use for this purpose, it (menu Rngton Line4) improve mutual judicial co-operation in civil or commercial matters , Have resolved to conclud a Convention to this effect and have agreed upon the following provision: CHAPTER I-LETTER OF request article 1 In civil or commercial matters (a) the judicial authority of a Contracting State may, in accordanc with the provision of the law of that State, request the competent authority of another Contracting State, by means of a Letter of request obtain evidence, or it to perform some other judicial act. (A) the Letters shall not be used to obtain evidence which is not intended for use in judicial proceedings, commenced or contemplated. The expression "other judicial act" does not cover the service of judicial documents or the issuance of any process by which a judgment or order is executed or enforced by, or orders for provisional or protective measure. Article 2 (A) the Contracting State shall by a Central Authority which will designat undertak to receive letters of request coming from a judicial authority of another Contracting State and to transmit them to the authority competent to execute them. Each State shall organize the Central Authority in accordanc with its own law. Letters shall be sent to the Central Authority of the State of execution without being transmitted through any other authority of that State. Article 3 (A) A Letter of request shall specify-(a) the authority requesting it is) execution and the authority requested to execute it, if known to the requesting authority; (b) the name and address) of the parties to the proceedings and their representatives, if any; (c)) the nature of the proceedings for which the evidence is required, giving all information in regards to the cessary not theret; (d)) the evidence to be obtained or other judicial act to be performed. Where appropriate, the Letter shall specify, inter alia, e) the name and address of the person to be examined; f) the questions to be put to the person to be examined or a statement of the subject-matter about which they are to be examined; (g)) the documents or other property, real or personal, to be inspected; h) any requirement that the evidence is to be given on oaths or affirmations, and any special form to be used; (I) any special method or procedure) to be followed under Article 9a. Letter may also mention any information not cessary for the application of article 11 of the legalization or other formality may be required to like. Article 4 (A) A Letter of request shall be in the language of the requested authority to execute it or be accompanied by a translation into that language. Not vertheles, a Contracting State shall accept a Letter in either English or French, or a translation into one of these languages, unless it has made the reservations authorized by article 33. A Contracting State which has more than one official language and cannot, for reasons of internal law, accept letters in one of these languages for the whole of its territory , shall, by declaration, specify the language in which the translation thereof shall be expressed with Letter or for execution in the specified parts of its territory. In case of failure to comply with this declaration, without justifiabl the excuse, the costs of translation into the required language shall be borne by the State of origin. A Contracting State may, by declaration, specify the language or languages other than those referred to in the preceding paragraph, in which a Letter may be sent to its Central Authority. Any accompanying Letter shall be a certified translation as correct, either by a diplomatic or consular officer or by a sworn translator agent or by any other person so authorized in either State. Article 5 If the Central Authority consider that the request does not comply with the provision of the present Convention, it shall promptly inform the authority of the State of origin which transmitted the Letter of request, specifying the objection to the Letter. Article 6 If the authority to whom a Letter of request has been transmitted is not competent to execute it, the Letter shall be sent forthwith to the authority in the same State which is competent to execute it in accordanc with the provision of its own law. Article 7 the requesting authority shall, if it so nasty, be informed of the time when, and the place where, the proceedings will take place, in order that the parties concerned, and their representatives, if any, may be present. This information shall be sent directly to the parties or their representatives when the authority of the State of origin so requests. Article 8 (A) Contracting State may declare that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of request. Prior authorization by the competent authority designated by the declaring State may be required. Article 9 the judicial authority which execute a Letter of request shall apply its own law as to the methods and procedures to be followed. However, it will follow a request of the requesting authority that a special method or procedure be followed, unless this is incompatibl with the internal law of the State of execution is impossible of performance or by reason of its internal practice and procedure or by reason of practical difficult. (A) a Letter of request shall be executed expeditiously. Article 10 In executing a Letter of request the requested authority shall apply the appropriate measure of compulsions in the instance and it the same as provided by the exten its internal law for the execution of orders issued by the authorities of its own country or of requests made by parties in the internal proceedings. Article 11 In the execution of a Letter of Request to the person concerned may refus to give evidence in so far as he has a privilege or duty of the refus to give the evidence-a) under the law of the State of execution; or (b)) under the law of the State of origin, and the privilege or duty has been specified in the Letter, or, at the instance of the requested authority, has been otherwise confirmed it that authority by the requesting authority. A Contracting State may declare that, in addition, it will respect the existing privileges and duties under the law of States other than the State of origin and the State of execution, to the exten to specified in that declaration. Article 12 the execution of a Letter of request may be refused only to the exten to that-a) in the State of execution the execution of the Letter does not fall within the functions of the judiciary; or (b)) the State consider that addressed its sovereignty or security would be prejudiced thereby. Execution may not be refused solely on the ground that under its internal law for the State of execution claims exclusive jurisdiction over the subject-matter of the action or that its internal law would not be a right of action admi on it. Article 13 the documents establishing the execution of the Letter of request shall be sent by the requested authority to the requesting authority by the same channel which was used by the latter. In every instance where the Letter is not executed in whole or in part, the requesting authority shall be informed immediately through the same channel and advised of the reason. Article 14 the execution of the Letter of request shall not give rise to any reimbursemen of tax or costs of any nature. Vertheles, not the State of execution has the right to require the State of origin their reimburs the fees paid to experts and interpreters and the costs occasioned by the use of a special procedure requested by the State of origin under article 9, paragraph 2. The requested authority whose law the possibility of the parties themselves to secure evidence, and which is not able to execute the Letter itself, may, after having obtained the consent of the requesting authority, a person their appoin suitabl do so. When seeking this consent to the requested authority shall indicates the costs which the approximat would result from this procedure. If the requesting authority give it will consent to any costs incurred shall reimburs; without such consent to the requesting authority shall not be liabl for the Costa. CHAPTER II – TAKING OF evidence BY DIPLOMATIC AGENTS AND CONSULAR officers, Commissioners, civil or commercial article 15 In the matter, a diplomatic officer or consular agent of a Contracting State may, in the territory of another Contracting State and within the area where he exercises his functions, take the evidence without compulsions of a national of a State which he represent in aid of proceedings commenced in the courts of a State which he will represent. A Contracting State may declare that evidence may be taken by a diplomatic officer or consular agent only if permission to that effect is given upon application made by him or on his behalf to the appropriate authority designated by the declaring State. Article 16 A diplomatic officer or consular agent of a Contracting State may, in the territory of another Contracting State and within the area where he exercises his functions, also take the evidence, without compulsions, of nationals of the State in which he exercises his functions or of a third State, in aid of proceedings commenced in the courts of a State which he will represent the if-a) (a), the competent authority designated by the State in which he exercises his function has given its permission either generally or in the particular case, and (b)) he would with the astronomy compl which the competent authority has specified in the permission. A Contracting State may declare that evidence may be taken under this article without its prior permission. Article 17 In civil or commercial matters, a person duly appointed as a commissioner for the purpose may, without compulsions, take evidence in the territory of a Contracting State in aid of proceedings commenced in the courts of another Contracting State, if a competent authority designated by) the State where the evidence is to be taken has given its permission either generally or in the particular case; and (b)), he with the condition to be compl which the competent authority has specified in the permission. A Contracting State may declare that evidence may be taken under this article without its prior permission. Article 18 (A) A Contracting State may declare that (a) a diplomatic agent or consular officer, the Commissioners authorized to take evidence under articles 15, 16 or 17, may apply to the competent authority designated by the declaring State for appropriate assistance to obtain the evidence by compulsions. The declaration may contain such conditions as the declaring State may see fit to impost. If the authority grants the application it shall apply any measure of compulsions which with appropriate and with the prescribed by law for its use in the internal proceedings. Article 19 the competent authority, in giving the permissions referred to in articles 15, 16 or 17, or in granting the application referred to in article 18, may lay down such conditions as it fit deemas, inter alia, as to the time and place of the taking of the evidence. Similarly it may require that it be given reasonable advance notice of the time, date and place of the taking of the evidence; in such a case a representative of the authority shall be entitled to be present at the taking of the evidence. Article 20 In the taking of evidence under any article of this Chapter to the person concerned may be legally represented. Article 21 where a diplomatic agent or consular officer, the Commissioners is authorized under articles 15, 16 or 17 to take evidence – a) he may take all kind of evidence which are not incompatibl with the law of the State where the evidence is taken or contrary to any permissions granted pursuan to the above articles, and shall have power within such limit to administer oaths or take an affirmation the United Nations; (b) a request to a person) to appear or to give evidence shall, unless the recipient is a national of the State where the action is pending, be drawn up in the language of the place where the evidence is taken or be accompanied by a translation into such language; (c) the request shall be notified) the person that he may be legally represented and, in any State that has not filed a declaration under article 18, shall also inform him that he is not compelled to appear or to give evidence; (d)) the evidence may be taken in the manner provided by the law applicable to the Court in which the action is pending provided that such manner is not forbidden by the law of the State where the evidence is taken; (e) a person requested it) give evidence may invoke the privilege and duties to the refus give the evidence led in the article 11 article 22 the fact that an attempt to take evidence under the procedure let down in this Chapter has failed, Owings to the refusal of a person to give evidence, shall not prevent an application being subsequently made it to take the evidence in accordanc with Chapter i. CHAPTER II – GENERAL Contracting SERVICES of article 23 (A) the State may at the time of signature, ratification or accession, declare that it will not execute letters of request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries. Article 24 (A) A Contracting State may designat other authorities in addition to the Central Authority and shall determin the exten of their competence. However, letters of request may in all cases be sent to the Central Authority. Federal States shall be free to designat-more than one Central Authority. Article 25 (A) A Contracting State which has more than one legal system may designat the authorities of one of such systems, which shall have exclusive competence to execute letters of request pursuan to this Convention. Article 26 (A) Contracting State, if required to do so because of constitutional limitations, may request the reimbursemen by the State of origin of fe and Costa, in connection with the execution of letters of request, for the service of process does not compel the cessary to appearance of a person to give evidence, the costs of attendance of such person, and the cost of any transcript of the evidence. Where a State has made a request to the pursuan above paragraph, any other Contracting State may request from that State the reimbursemen of similar fees and costs. Article 27 the provision of the present Convention shall not prevent a Contracting State from declaring a) that letters of request may be transmitted to it by the judicial authorities through channels other than those provided for in article 2; (b)), by permitting internal law or practice, any Act provided for in this Convention to be performed upon a less restrictive condition; (c)), by permitting internal law or practice, methods of taking evidence other than those provided for in this Convention. Article 28 of the present Convention shall not prevent an agreement between any two or more Contracting States to derogat from-a) the provision of article 2 with respect to methods of transmitting Letter of request; (b)) the provision of article 4 with respect to the languages which may be used; (c)) the provision of article 8 with respect to the presence of judicial personnel at the execution of letters; (d)) the provision of article 11 with respect to the privileges and duties of witness to refus to give evidence; (e)) the provision of article 13 with respect to the methods of returning executed Letter to the requesting authority; (f) the provision of) article 14 with respect to fees and costs; (g)) the provision of Chapter II. Article 29 Between Parties to the present Convention who are also parties to one or both of the Convention on Civil procedure signed at the Hague on the 17th of July 1905 and the 1st of March 1954, this Convention shall replace articles 8 to 16 of the earlier Convention. Article 30 the present Convention shall not be affec the application of article 23 of the Convention of 1905, or of article 24 of the Convention of 1954 article 31 Supplementary agreements between parties to the Convention of 1905 and 1954 shall be considered as equally applicable to the present Convention unless the parties have otherwise agreed. Article 32 without prejudice to the provision of articles 29 and 31, the present Convention shall not be a convention containing provision derogat from on the matters covered by this Convention to which the Contracting States are, or shall become parties. Article 33 (A) A State may, at the time of signature or ratification, accession, exclude in whole or in part, the application of the provision of paragraph 2 of article 4 and of Chapter II shall be permitted from others reservation. Each Contracting State may at any time withdraw a reservation it has made; the reservation shall cease to have effect on the sixtieth day after notification of the withdrawals. When a State has made a reservation, any other State affected thereby may apply the same rule against the reserving State. Article 34 A State may at any time withdraw or modify a declaration. Article 35 (A) the Contracting State shall, at the time of the deposit of its instrument of ratification or accession, or at a later date, inform the Ministry of Foreign Affairs of the Netherlands of the designation of authorities, to articles 2, pursuan 8, 24 and 25. A Contracting State shall notify the Ministry of likewis, where appropriate, of the following-(a)) the designation of the authorities to whom notice must be given , whose permissions may be required, and whose assistance may be invoked in the taking of evidence by diplomatic officers and consular agents, pursuan to articles 15, 16 and 18 respectively; (b)) the designation of the authorities whose permissions may be required in the taking of evidence by the Commissioners to article 17 and pursuan of those who may grant the assistance provided for in article 18; c) declarations to Article 4 pursuan, 8, 11, 15, 16, 17, 18, 23 and 27; (d) any withdrawals or modification) of the above designation and declaration; (e) the attention of any reservations). Article 36 Any difficult in which «arise between Contracting States may in connection with the operation of this Convention shall be settled through diplomatic channels. Article 37 the present Convention shall be open for signature by the States represented at the Eleventh Session of the Hague Conference on private International Law. It shall be ratified, and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands. Article 38 the present Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification referred to in the second paragraph of article 37. The Convention shall enter into force for each signatory State which subsequently on the sixtieth to ratif days after the deposit of its instrument of ratification. Article 39 Any State not represented at the Eleventh Session of the Hague Conference on private International Law which is a Member of this Conference or of the United Nations or of a specialized agency of the Organization, or a Party you to the Statute of the International Court of Justice, may accede to the present Convention after it has entered into force in accordanc with the first paragraph of article 38. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands. The Convention shall enter into force for a State acceding to it on the sixtieth day after the deposit of its instrument of accession. The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Netherlands; This Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States. The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the sixtieth day after the deposit of the declaration of acceptance. Article 40 Any State may, at the time of signature, ratification or accession, declare that the Convention shall extend to all present the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect on the date of entry into force of the Convention for the State concerned. At any time thereafter, such extensions shall be notified to the Ministry of Foreign Affairs of the Netherlands. The Convention shall enter into force for the Territories mentioned in such an extension on the sixtieth day after the notification indicated in the preceding paragraph. Article 41 of the present Convention shall remain in force for five years from the date of its entry into force in accordanc with the first paragraph of article 38, even for States which have ratified it or acceded to it subsequently. If there has been of the denunciation, it shall be tacitly renewed stands out among every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the 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 applies. The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States. Article 42 the Ministry of Foreign Affairs of the Netherlands shall give notice to the States referred to in article 37, and to the States which have acceded in accordanc with article 39, of the following-a the signatures and ratification) of the referred to in article 37; (b)) the data on which the present Convention enter into force in accordanc with the first paragraph of article 38; (c) the accession is referred to) in the article 39 and the dates on which they take effect; (d)) the extensions it referred in article 40 and the dates on which they take effect; (e)) the designation, and de claration of the reservations referred to in articles 33 and 35; (f) the denunciation referred to it) in the third paragraph of article 41. In witness whereof the undersigned, being duly authorized, have signed the theret the present Convention. Done at the Hague, on the 18th day of March, 1970, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the of the States represented at the Eleventh Session of the Hague Conference on private International Law.

Convention on the taking of evidence abroad in civil or commercial matters of the signatories to this Convention, desiring to facilitate the sending of letters rogatory and the implementation thereof, as well as to balance different types of use, what countries used for this purpose, desiring to improve mutual legal cooperation in civil or commercial matters to be executed, have decided to conclude a Convention and have agreed upon the following provisions: Chapter I-a letters rogatory 1. article in civil or commercial matters, the Contracting State judicial authority in accordance with the national law provisions may request the other Contracting State, the competent authority, using the letters rogatory, to obtain evidence or perform some other procedural actions. Letters rogatory are not used in the taking of evidence, not intended for use in or for proceedings initiated. The term "other procedural action" does not include the service of judicial documents or any other procedural actions enforcement of a judgment or ruling in the process, or order provisional or precautionary measures. Article 2 Contracting State means a central authority which will undertake to receive letters rogatory from another Contracting State judicial authorities and send them to the competent authority for execution. Each national central authorities organized in accordance with their national law. Letters rogatory sent by the executing State to the central authority directly, without transferring it to some other authority of this State. Article 3 legal assistance shall indicate: (a)) the applicant authority and the requested authority, who is to be executed, if known to the applicant authority; (b) the parties involved in the proceedings) and their representatives, if any, last names and addresses; (c) the nature of the proceedings, where) it is necessary to obtain evidence, providing all necessary information in relation to it; (d)) the available evidence or other procedural actions to be carried out. If necessary, the request shall indicate: (e) the names of the people the questions) and address; f) nopratināmaj persons uzdodamo questions or things, for which they are to be examined; g) documents or made other property (real or personal); h) request that evidence be given under oath or confirmation, and on the need to use any other form of special requirements; (I) any particular way) or procedure that must be used in accordance with article 9. You can request mention the information necessary for the application of article 11. No legalization or other formality may be required. Article 4 legal assistance request prepared the requested authority or in a language accompanied by a translation in that language. However, a Contracting State must accept a request for legal assistance in English or French, or with a translation in one of these languages, except where the State has made a reservation in accordance with article 33. The Contracting States with more than one official language, which can not be based on national law, accept the request for legal aid in one of these languages for all its territory, may announce the language submitted letters rogatory or its translation is in separate parts of the territory of the country. If these provisions are not complied with the Convention for no good reason, with the translation to the language-related costs shall be borne by the requesting State. Contracting State may announce another specific language or languages not mentioned in the previous part of this article, a request for legal assistance can be sent to the central authority. Any translation that is attached to the letters rogatory must certify as correct either diplomatic or consular official or sworn interpreter, or to any other person who is authorized to do any of the States. Article 5 If the Central Authority considers that legal assistance request does not comply with the provisions of this Convention, it shall without delay inform the applicant authority, indicating the opposition to this request for assistance. Article 6 If the requested authority is not competent to execute letters rogatory to be forwarded without delay to the authority in the same country which is competent to execute in accordance with its national law. Article 7 if the applicant authority has pointed out, it is to be informed of the evidence of the time and place, to interested parties and their representatives, if any, may be present. This information must be sent directly to the parties or their representatives if the applicant authority so requires. Article 8 the Contracting State may declare that the request of the applicant, the representatives of the judicial authorities of the other Contracting State, may be present in the execution of letters rogatory. At the same time can be expressed in the notice requested National prior authorization by the competent authority. Article 9 judicial authority in the executing letters rogatory, apply its national rules concerning procedural arrangements. However, the requested authority shall, at the request of the applicant authority, the execution of letters rogatory shall apply specific types or procedure, except when it is not compatible with the national law of the executing State rules or these letters rogatory could not execute its internal practices, policy or practice of procedural difficulties. Letters rogatory must be executed immediately. Article 10 the requested authority using request for legal aid, the appropriate coercive measures and to the same extent as it is defined in the national law on the national public authorities, or parties of the ruling request execution applied in national judicial proceedings. Article 11 execution of letters rogatory, the person concerned may refuse to give evidence, in so far as it has the right or duty to refuse to give evidence-a) on the basis of the requested national law, or (b)) on the basis of the request of the applicant State's national law, if the rights and obligations are specified in the letters rogatory, or at the request of the requested authority, otherwise it is approved the applicant authority. Contracting State may declare that it will take into account the additional rights and obligations set by the other national legal provisions which are different from the rights and obligations that exist in the requesting State and the requested State, to the extent set out in this notice. Article 12 execution of the letters rogatory can be refused only to the extent as far as-a) to the requested State at the request of legal assistance is not part of that State's judicial functions; or (b)) the requested State considers that execution of the letters rogatory will be violating its sovereignty or source of danger to its security. Legal aid is not the request may be refused only on the basis that national legislation provides for exclusive jurisdiction in relation to the subject matter of an action, or that these national rules do not provide for the right to take any action on the issue, which brought the action. Article 13 the requested authority with execution of the letters rogatory are related documents transmitted to the applicant authority in the same way as they are submitted, at the request of the applicant authority. In any case, if the letters rogatory is not satisfied in full or in part only is fulfilled, the requesting authority shall notify without delay the same way, be informed of the reasons for the failure. Article 14 execution of letters rogatory is not based on any taxes or other expenses. However, the requested State shall have the right to ask the applicant State to pay the fees for experts, interpreters, as well as the charges incurred in using the special procedure at the request of the requesting State in accordance with the second subparagraph of article 9. If the requested State national law obliges the parties to obtain evidence and request enforcement authority cannot execute a request for assistance, subject to consent from the applicant authority, it may appoint a person for the performance of this request. Asking for consent, the requested authority must indicate the estimated expenditure, which may arise, using the following procedure. If the requesting authority to give consent, it must reimburse any expenses incurred, but without the consent of the requesting State is not responsible for reimbursement. Chapter II-the taking of evidence by diplomatic officials, consular officials and authorized persons article 15 in civil or commercial matters of the Contracting State of the diplomatic or consular officer of officials of another country, which this officer carries out its functions, the evidence may be obtained without the use of coercive measures from its citizens, which the official agent to provide assistance to legal proceedings instituted in the State where the official representative. Contracting State may declare that the diplomatic or consular officer's evidence can be obtained only if the national appropriate authority designated by the appropriate official of the application it has given permission. Article 16 national diplomatic Contracting Officer or consular officer of another Contracting State in the territory of which that person is carrying out its functions, without the application of coercive measures may take evidence from this State or third-country nationals to provide assistance in judicial proceedings already begun, in which that person represents, if: (a) the designated State) competent authority in which the person carries out its functions, is given either a general authorisation or in relation to the specific case; (b)) this person is acting in accordance with the permit issued by the competent authority provided for in the rules. Contracting State may declare that evidence in accordance with this article may be obtained without its prior authorisation. Article 17 in civil or commercial proceedings duly authorized for this purpose, a person may, without coercive measures to obtain evidence of a Contracting State to provide assistance if a initiated proceedings in another Contracting State, if-a) taking of evidence State designated a competent authority has given its permission to either the General or in relation to the specific case, and (b)) this person is acting in accordance with the permit issued by the competent authority provided for in the rules. Contracting State may declare that evidence in accordance with this article may be obtained without its prior authorisation. Article 18 of the Contracting State may declare that the diplomatic officials, consular officer or an authorized person, the taking of evidence in accordance with 15, 16 or article 17, may refer the application to the national competent authorities designated by the help you need to obtain evidence. The statement may provide the conditions which the notifying State considers appropriate. If the Authority endorses the application, it uses any relevant and statutory coercive measures used in national legal proceedings. Article 19, the competent authority shall issue a 15, 16 or 17 licence referred to in article or in support of the application in accordance with article 18, may impose such conditions as are considered appropriate, including for a time and place for the taking of evidence. It also can ask to be notified in advance, within a reasonable time of the date, time and place for the taking of evidence; in such cases, the Authority's representative has the right to be present at the taking of evidence. Article 20 by obtaining evidence under any article of this chapter, the person concerned can be represented by a representative. Article 21 If the diplomatic official, consular officer or authorized person entitled under 15, 16 or 17 of the evidence-a) it can get all kinds of evidence, if the acquisition is not compatible with the national law, where such evidence is obtained, or in accordance with the preceding articles issued any permission, and it has the right, subject to the above restrictions, make oath or affirmation; (b) a request for the person to appear) or to give evidence, except where the recipient is a citizen of the country in which the proceedings are to be prepared in the language of the place where the evidence is obtained, or must be accompanied by a translation in that language; (c)) with the request to inform the person is that it can be represented by a representative, and any country that has not submitted a notification in accordance with article 18, the person must be informed of the fact that it is not obliged to attend and give evidence; d) evidence may be obtained in accordance with the law of the country of litigation procedures, if such procedures are not banned by the taking of evidence in national law; e) contact person to provide evidence, you can use the rights and obligations to refuse to give evidence in accordance with article 11. Article 22 in the case failed to obtain evidence in accordance with the procedure laid down in this chapter so that the person has refused to give evidence, this does not exclude the possibility of requesting the taking of evidence in accordance with the provisions of chapter I. Chapter III-General provisions article 23 signing of the Contracting State may, at the time of their ratification or accession declare that it will not execute letters rogatory submitted towards a pre-trial disclosure of documents known to the Anglo-Saxon law system countries. Article 24 the Contracting State may designate other authorities in addition to the central authority in determining their competence. However, in all cases, legal assistance may submit a request to the central authority. Federal States are entitled to appoint more than one central authority. Article 25 the Contracting State with more than one legal system can mean only one of the institutions of the legal system with exclusive competence to perform legal aid requests in accordance with this Convention. Article 26 if a Contracting State has the necessary steps so that it provides a constitutional rules restrictions, it may ask the requesting State to pay for the performance of taking of evidence required payments, costs of service of documents on the parties to ensure the arrival of persons forced to provide evidence, expenses associated with the arrival of such persons, and the costs of any transcript of evidence. If a State has made a request under the preceding paragraph, any Contracting State may require the consideration of this country on similar charges and expenses. Article 27 the provisions of this Convention shall not prejudice Contracting State – a) announce that the letters rogatory shall be transferred to the judicial authorities in another way than that provided for in article 2; (b)) with the national law or practice to allow any operation with less restrictive conditions than is provided for in this Convention; (c)) with the national law or practice to allow other forms of taking of evidence than is provided for in this Convention. Article 28 of the Convention shall in no way prejudice the agreement between any two or more of the Contracting States, if such an agreement provides for: (a) derogations from the provisions of article 2) regarding the transfer of letters rogatory; (b) the provisions of article 4.) concerning the use of languages; (c) the provisions of article 8) in relation to the judicial authorities of the presence of the representative of the legal assistance; (d) the provisions of article 11) concerning the rights and obligations of a witness to refuse to give evidence; e) the provisions of article 13, in respect of the request of the requesting authority; (f) the provisions of article 14) relating to the payment and expenses; (g) the provisions of chapter II). Article 29 If the Contracting States to this Convention are also Contracting States to one or both conventions on civil procedure signed the Hague 17 July 1905 and 1 March 1954, then this Convention replaces the Convention 8-article 16. Article 30 the present Convention shall not affect the 1905 article 23 of the Convention or the application of the 1954 Convention, article 24. Article 31 additional agreements between the Contracting Parties of 1905 and 1954 Conventions are considered to be applicable also to this Convention, except where the parties have agreed otherwise. 32. Article 29 and without prejudice to the provisions of article 31, this Convention does not affect the other provisions of the Convention on matters governed by this Convention in which the Contracting States are parties, or on which the contracting parties contracting States will become. Article 33 signature, ratification or accession can be switched off during all or part of article 4, second paragraph, or the application of the provisions of chapter II. Other reservations are not permitted. Any Contracting State may at any time withdraw a reservation which it has made; reservation shall cease to have effect on the 60th day following the announcement of the withdrawal of the reservation. If a State has made a reservation, by any other country, it affects, can express the same reservation in relation to the reservations expressed by the country. Article 34 the State may at any time revoke the Declaration or change it. Article 35 each Contracting State of their ratification or accession during or following the later in time shall inform the Ministry of Foreign Affairs of the Netherlands on the designation of the authorities under 2., 8., article 24 and 25. If necessary the Contracting State shall inform the authorities of the Ministry on the designation of a), which should be informed that the permission or assistance may be sought, diplomatic officials and consular officials obtaining evidence under 15, 16 or 18; (b) the designation of authorities), which permit may be required, authorised persons the taking of evidence in accordance with article 17, and the designation of authorities, which can provide assistance as provided for in article 18; (c)) notes according to the 4, 8, 11, 15, 16, 17, 18, 23 and 27 of article; (d) the withdrawal or) any changes in the designation of the authorities mentioned above, and communications; (e) any withdrawal of reservation). Article 36 any difficulties which may arise between the Contracting States this Convention in connection with the execution, are resolved in a diplomatic way. Article 37 of this Convention shall be open for signature by the States which are represented in the Hague Conference on private international law 11. session. It must be ratified and the instruments of ratification are to be deposited with the Ministry of Foreign Affairs of the Netherlands. 38. Article this Convention shall enter into force on the sixtieth day after the date on which the third instrument of ratification in accordance with the second subparagraph of article 37 is deposited in the Ministry of Foreign Affairs of the Netherlands. Convention shall enter into force for each State which ratifies it later, on the 60th day following the deposit of instruments of ratification instruments. Article 39 any country not represented at the Hague Conference on private international law 11. session, but what is this Conference the Member State or Member States of the United Nations, or specialized institutions, the Member States or of the Statute of the International Court of Justice, a Member State may accede to this Convention after it has entered into force in accordance with article 38 of the first part. Instrument of accession is deposited in the Ministry of Foreign Affairs of the Netherlands. Convention shall enter into force for the country, which it joins on the 60th day following the deposit of the instrument of accession. Accession to the Convention shall enter into force only in relations between countries that accede to the Convention, and the Contracting State which has notified its agreement to such accession. This declaration must be deposited with the Netherlands Ministry of Foreign Affairs, and the Ministry sent diplomatic channels a certified copy of each Contracting State. The Convention between the State, which it acceded to and the country that has announced a consent for such accession shall enter into force on the 60th day following the submission of the notice of consent. Article 40 any State may signing, ratification or accession declare that this time the Convention will be applied in all areas for which it is responsible in international relations, or in one or more of these areas. Such notification shall enter into force on the date when this Convention enters into force in the country concerned. At any later point in time for the extension of the application of this Convention shall be notified to the Ministry of Foreign Affairs of the Netherlands. Convention shall enter into force with respect to the areas referred to in the communication on the 60th day following the notification provided for in the preceding subparagraph. Article 41 this Convention is in force for a period of five years from the date of its entry into force in accordance with the first subparagraph of article 38, even for countries that have ratified or acceded to it at a later time. If this Convention is not denounced, it is deemed to be extended for another five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the expiry of the five-year period. It can be limited to specific areas in which the Convention is in force. The denunciation shall have effect only in relation to the country in which it is declared. This Convention shall remain in force for all the other contracting countries. Article 42 the Netherlands Ministry of Foreign Affairs of the States referred to in article 37 States and countries that have joined in accordance with article 39, on: (a) the signature and ratification) in accordance with article 37; (b)) the date of entry into force of this Convention in accordance with article 38 of the first part; c) accession in accordance with article 39 and the date on which it takes effect; (d) the extension of the application) specified in article 40 and the date of its entry into force; (e) the appointment, reservations and) notifications in accordance with article 33 and 35; f any denunciation under 41). the third paragraph of article. In witness thereof, the undersigned, being duly authorised, have signed this Convention. Signed in the Hague on 18 March 1970 in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Netherlands, and of which a certified copy of the circulate through the diplomatic channel, each State which is represented by the Hague Conference on private international law 11. session.