0.274.15 original text on food recovery abroad agreement in New York on 20 June 1956, approved by the Federal Assembly on 17 December 1975 Instrument of accession deposited by the Switzerland on 5 October 1977 entry into force for the Switzerland on 4 November 1977 (Status January 29, 2016) preamble whereas the urgency of the humanitarian problem that arises for people in need that legal support abroad whereas the pursuit of food stocks or the execution of the decisions abroad gives rise to serious legal and practical difficulties, decided to provide the means to solve these problems and to overcome these difficulties, the Parties have agreed to the following: art. 1 purpose of the Convention 1. This Convention is intended to facilitate a person designated below as the creditor, who is in the territory of one of the Contracting Parties, the recovery of food which she claims entitlement on the part of a person, designated below as debtor, which is under the jurisdiction of another Contracting Party. The organizations that will be used for this purpose are referred to below as transmitting authorities and intermediary Institutions.
2. the remedies provided for in this Convention complement, not replace, any remedies existing under national law or international law.
Art. 2 designation of the Institutions 1. Each Contracting Party designates, at the time of the deposit of the instrument of ratification or accession, one or several administrative or judicial authorities who will exercise the functions of transmitting authorities on its territory.
2 at the time of the deposit of the instrument of ratification or accession, each Contracting Party shall designate a public or private body who will exercise the functions of intermediary Institution in its territory.
3. each Contracting Party shall communicate without delay to the Secretary-General of the United Nations the designations made under the by. 1 and 2 and any change that would occur in this respect.
4. the transmitting authorities and intermediary Institutions can interact directly with the transmitting authorities and intermediary Institutions of other Contracting Parties.
Art. 3 present the application to the transmitting authority 1. When a creditor is located on the territory of a Contracting Party, referred to below as the State of the creditor and the debtor is under the jurisdiction of another Contracting Party, referred to below as the State of the debtor, the first may apply to a transmitting to the State where he is to get food on the part of the debtor.
2. each Contracting Party shall inform the Secretary-General of the evidence normally required in the support of food applications by the law of the State of the intermediate Institution, of the conditions in which these must be provided to be admissible and the other conditions laid down by this law.
3. the application must be accompanied by all relevant documents including, as appropriate, a power of attorney authorizing the intermediate Institution to act on behalf of the creditor or to designate a person authorized to act on behalf of the creditor; It will be also accompanied by a photograph of the creditor and, if possible, a photograph of the debtor.
4. the forwarding authority takes all possible measures to ensure that the requirements of the law of the State of the intermediate Institution are met; subject to the provisions of this Act, the application includes the following information: a) the first and last names, address, date of birth, nationality, and occupation of the creditor as well as, where appropriate, the names and address of its legal representative; b) the names and surnames of the debtor and, to the extent where the creditor has knowledge, his successive addresses for the past five years (, date of birth, nationality and profession; c) detailed grounds on which is based the request, subject to this and any other relevant resource including information and the situation of family of the creditor and the debtor.
Art. 4 transmission of the record 1. The transmitting authority forwards the file to the intermediate Institution designated by the State of the debtor unless it considers demand as reckless.
2. prior to the folder, the transmitting ensures that the required documents are, according to the law of the State of the creditor, in formal.
3. the originating authority can the intermediate Institution to share his opinion on the merits of the application and recommend the creditor benefits from legal aid and exemption from fees.
Art. 5 transmission of judgments and other judicial acts 1. The transmitting transmits, at the request of the creditor and in accordance with the provisions of art. 4, any provisional or final decision or any other judicial act food order intervened in favour of the creditor in a Court of one of the Contracting Parties, and, if it is necessary and possible, the record of the debates in which this decision was made.
2. the decisions and legal acts referred to in the previous paragraph may replace or supplement the parts referred to in art. 3 3. The procedure laid down in art. 6. can be according to the law of the State of the debtor, either a procedure of exequatur or registration, or a new action based on the decision passed under the provisions of paragraph 1.
Art. 6 functions of the intermediate Institution 1. Acting within the limits of the powers conferred by the creditor, the intermediate Institution takes all measures to ensure the recovery of food on behalf of the creditor. Notably, it does business and, when necessary, she initiates and pursues a food action and execute any judgment, order, or other judicial act.
2. the intermediate Institution holds the transmitting abreast. If she can't Act, she gives the reasons and refer the case to the transmitting.
3. Notwithstanding any provision of this Convention, the law governing such actions and all related issues is the law of the State of the debtor, including private international law.
Art. 7 letters rogatory in case the law of the two Contracting Parties concerned accepts letters rogatory, the following provisions shall apply: has) for documents or other evidence, the court seized of the food action may request rogatory in the delivery to the competent court of the other Contracting Party, or to any other authority or institution designated by the Contracting Party where the commission needs to be executee.b) so that the Parties may attend or be represented (, the authority is obliged to inform the transmitting and the intermediate Institution concerned, as well as the debtor, the date and the place where he shall be sollicitee.c as) the Commission must be run with all diligence; (if it is not executed within a period of four months from the time of receipt of the commission by the requested authority, the applicant authority shall be informed of the reasons for the non-execution or the retard.d) the execution of the letter rogatory cannot give rise to the refund of taxes or fees of any kind as this soit.e) the execution of the letter rogatory may be refused as : 1. If the authenticity of the document is not established; 2. If the Contracting Party in the territory of which the execution was to take place justice impair its sovereignty or security.
Art. 8 modification of judicial decisions the provisions of this agreement are also applicable to applications for modifying judicial decisions on maintenance obligations.
Art. 9 exemptions and facilities 1. In proceedings governed by this agreement, the creditors have the treatment and exemptions from fees and costs awarded to the creditors who reside in the State where the action is brought, or who are nationals.
2. creditors foreign or non residents cannot be required to provide a surety judicatum solvi, nor to any other payment or deposit.
3. no remuneration may not be perceived by the transmitting authorities and intermediary Institutions for the services they provide in accordance with the provisions of this Convention.
Art. 10 transfers of funds the Contracting Parties whose law imposes restrictions on remittances abroad will give the highest priority to the transfer of funds to be paid as food or to cover costs incurred for any action in court governed by this Convention.
Art. 11 federal clause in the case of a federal or non-unitary State the following provisions will apply:
((a) with regard to the articles of this Convention whose implementation statement of legislative action of the federal legislative power, the obligations of the federal Government will be, to that extent, the same as those of the Parties which are not federal States; b) in regards to the articles of this Convention whose application is of each of the States legislative action (, constituent cantons, or provinces, which are not, under the constitutional system of the Federation, bound to take legislative measures, the federal Government will as soon as possible, and with its favourable opinion, such items to the attention of the competent authorities of States, provinces or cantons.c) a federal State party to this Convention shall communicate, at the request of any other Contracting Party that it will be received by the Secretary-General a summary of the legislation and practices in force in the Federation and its constituent units in regard to any particular provision of the Convention showing the extent in which effect was given, by legislative or other action, in that provision.
Art. 12 territorial application the provisions of this Convention extend or apply, under the same conditions, the non-independent territories, under guardianship or all territory of which a Contracting Party provides international relations, unless the Contracting Party ratifying this Convention or acceding to it, States that the Convention will not apply to any of these territories. Any Contracting Party which has made this statement may later, at any time, by notification to the Secretary-General, extend the application of the Convention thus excluded territories or one any of them.
Art. 13 signature, ratification and accession 1. This Convention will be open until December 31, 1956, for signature by any State member of the United Nations, of any non-Member State which is party to the Statute of the International Court of Justice or member of a specialized agency, as well as any other State not Member invited by the economic and social Council to become party to the Convention.
2. the present Convention will be ratified. The instruments of ratification shall be deposited with the Secretary-General.
3. any State referred to in the by. 1 of the present article may, at any time, accede to this agreement. The instruments of accession shall be deposited with the Secretary-General.
SR 0.193.501 art. 14 entry into force 1. This agreement will take effect on the thirtieth day following the date of the deposit of the third instrument of ratification or of accession, in accordance with the provisions of art. 13 2. With respect to each of the States that will ratify or adhere it after the deposit of the third instrument of ratification or accession, the Convention will enter into force the thirtieth day following the date of deposit by that State of its instrument of ratification or accession.
Art. 15 denunciation 1. Any Contracting Party may denounce this Convention by notification addressed to the Secretary-General. Denunciation may also apply to any any or all of the Territories mentioned in art. 12 2. The denunciation shall take effect one year after the date on which the notification will be managed to the Secretary-General, with the understanding that it will not apply to pending cases to the time it takes effect.
Art. 16 settlement of disputes if it rises between Contracting Parties a dispute relating to the interpretation or the application of this Convention, and this dispute has not been resolved by other means, he is brought before the International Court of Justice. It is entered either by the notification of a special agreement, or by the request of one of the parties to the dispute.
Art. 17 reservations 1. If at the time of signature, ratification or accession, a State made a reservation to one of the articles of the Convention, the Secretary-General shall communicate the text of the reservation to all States that are Parties to this Convention and to the other States referred to in art. 13 any Contracting Party which does not accept the reservation may, within a period of 90 days from the date of such communication, notify the Secretary-General that it accepts no reserve and, in this case, the agreement will not take effect between the State which raises the objection and the State author of the reservation. Any who, subsequently, will adhere to the Convention may, at the time of its accession, notification of this kind.
2. a Contracting Party may at any time withdraw a reservation it has made and shall notify this withdrawal to the Secretary-General.
Art. 18 reciprocity a Contracting Party cannot avail himself of the provisions of the present Convention against other Contracting Parties only insofar as it is itself bound by the Convention.
Art. 19 notifications by the Secretary-General 1. The Secretary-General shall notify all States members of the United Nations and the States members not referred to in art. 13: a) communications planned to the by. 3 of art. 2, b) the information provided in accordance with the provisions of the by. 2 of art. 3; c) declarations and notifications made in accordance with the provisions of art. 12; d) signatures, ratifications and accessions made in accordance with the provisions of art. 13; e) date on which the Convention entered into force in accordance with the by. 1 of art. 14; f) denunciations made in accordance with the provisions of the by. 1 of art. 15; g) the reservations and notifications made in accordance with the provisions of art. 17 2. The Secretary-General will also notify all Contracting Parties requests for review and responses to these requests under art. 20 art. 20 revision 1. Any Contracting Party may request at any time by notification to the Secretary-General the revision of this Convention.
2. the Secretary-General will transmit this notification to each of the Contracting Parties inviting her to let him know, within four months, if it is favourable to the meeting for a conference which would consider the proposed revision. If the majority of the Contracting Parties replied in the affirmative, the Secretary-General will convene the conference.
Art. 21 deposit of the Convention and languages the original of this Convention, of which the English, Chinese, Spanish, french and Russian texts are equally authentic, shall be deposited with the Secretary-General, which will hold the certified copies to all the States referred to in art. 13. (follow signatures) scope on 29 January 2016 States parties Ratification, accession (A) Declaration of estate (S) entry into force Algeria * September 10, 1969 has 10 October 1969 Germany July 20, 1959 19 August 1959 Argentina * November 29, 1972 has 29 December 1972 Australia * 12 February 1985 14 March 1985 Norfolk Island 12 February 1985 has 14 March 1985 Austria 16 July 1969 15 August 1969 Barbados 18 June 1970 A 18 July 1970 Belarus 14 November
1996 December 14, 1996 Belgium July 1, 1966 has 31 July 1966 Bosnia and Herzegovina 1 September 1993 S 6 March 1992 Brazil November 14, 1960 December 14, 1960 Burkina Faso August 27, 1962 26 September 1962 Cape - Verde 13 September 1985 has 13 October 1985 Chile January 9, 1961 has 8 February 1961 Cyprus 8 May 1986 7 June 1986 Colombia November 10, 1999 December 10, 1999 Croatia September 20, 1993 8 October 1991 Denmark 22 S June 1959 July 22, 1959 Ecuador 4 June 1974 4 July 1974 Spain October 6, 1966 was November 5, 1966 Estonia 8 January 1997 has 7 February 1997 Finland September 13, 1962 to October 13, 1962 France * June 24, 1960 July 24, 1960 Guadeloupe June 24, 1960 was July 24, 1960 Guyana (French) June 24, 1960 was July 24, 1960 Martinique June 24, 1960 July 24, 1960 New Caledonia 24 June 1960 was July 24, 1960 French Polynesia 24 June
1960a July 24, 1960 meeting June 24, 1960 July 24, 1960 Miquelon June 24, 1960 was July 24, 1960 Greece 1 November 1965 1 December 1965 Guatemala 25 April 1957 may 25, 1957 Haiti February 12, 1958 March 14, 1958 Hungary July 23, 1957 was August 22, 1957 Ireland 26 October 1995 A November 25, 1995 Israel * 4 April 1957 may 25, 1957 Italy July 28, 1958 27 August 1958 Kazakhstan March 28, 2000 was April 27, 2000
Kyrgyzstan may 27, 2004 June 26, 2004 Liberia 16 September 2005 has 16 October 2005 Luxembourg 1 November 1971 December 1, 1971 Macedonia 10 March 1994 S November 17, 1991 Morocco 18 March 1957 has 25 May 1957 Mexico July 23, 1992 22 August 1992 Moldova * July 24, 2006 23 August 2006 Monaco 28 June 1961 28 July 1961 Montenegro 23 October 2006 S 3 June 2006 Niger February 15, 1965 has 17 March 1965 Norway 25 October 1957 24 November 1957 New Zealand 26 February 1986 has 28 March 1986 Pakistan 14 July 1959 has 13 August 1959 Netherlands * 31 July 1962 August 30, 1962 Curaçao 12 August 1969 has 12 August 1969 part Caribbean (Bonaire, Sint Eustatius and Saba) 12 August 1969 12 August 1969 Sint Maarten 12 August 1969 has 12 August 1969 Philippines March 21, 1968 April 20, 1968 Poland * 13 October 1960 has
November 12, 1960 Portugal 25 January 1965 24 February 1965 Central African Republic 15 October 1962 has 14 November 1962 Czech Republic * 30 September 1993 1 January 1993 Romania 10 April 1991 S has 10 May 1991 United Kingdom * * 13 March 1975 12 April 1975 Isle of Man November 29, 1984 has 1 December 1984 Jersey July 30, 2003 July 30, 2003 Holy See 5 October 1964 November 4, 1964 Serbia March 12, 2001 S 27 April 1992 Seychelles * 1 November
2004a 1 December 2004 Slovakia * 28 May 1993 S January 1, 1993 Slovenia 6 July 1992 S 25 June 1991 Sri Lanka 7 August 1958 6 September 1958 Sweden * 1 October 1958 October 31, 1958 Switzerland 5 October 1977 has 4 November 1977 Suriname October 12, 1979 has 11 November 1979 (Taiwan) Chinese Taipei June 25, 1957 July 25, 1957 Tunisia * 16 October 1968 A 15 November 1968 Turkey 2 June 1971 has 2 July 1971 Ukraine * 19 September
2006 October 19, 2006 Uruguay 18 September 1995 has 18 October 1995 * Reserves and declarations.* * Objections.Les reservations, declarations and objections are not published to the RO. Texts in french and English can be found at the United Nations Internet site address: http://treaties.un.org/ or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.
The convention is not applicable to the Cook Islands, Niue and Tokelau.
RO 1977 1910; FF 1975 I 1581 RO 1977 1909 1910 1977 RO, 1985 1471, 1987-711, 1990 715, 2004 2517, 2007 11, 2010 4131, 2016 531. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Status as of January 29, 2016