Convention on the civil aspects of international child abduction
Parties with reservations, declarations and objections
Albania
04-05-2007
In accordance with Article 42 of the Convention, the Republic of Albania reserves
the right that it shall not be bound to assume any costs referred to in the second
paragraph of Article 26 of the Convention resulting from the participation of legal
counsel or advisers or from court proceedings, except insofar as those costs may be
covered by its system of legal aid and advice.
Andorra
06-04-2011
Reservation relating to article 24. In accordance with the provisions of article 42
and pursuant to article 24, second paragraph of the Convention, the Principality of
Andorra declares that it will not accept the applications, communications and other
documents sent to its Authority unless they are accompanied by a translation into
Catalan or, where that is not feasible, a translation into French.
Reservation relating to article 26. In accordance with the provisions of article 42
and pursuant to article 26, third paragraph of the Convention, the Principality of
Andorra declares that it will not be bound to assume any costs referred to in the
second paragraph of the article in question resulting from the participation of legal
counsel or advisers or from court proceedings except in so far as those costs may
be covered by the Andorran system of legal aid and advice.
Argentina
04-08-2009
[...]with regard to Notification No. 3/2009, March 6 2009, by which the United Kingdom
of Great Britain and Northern Ireland accepts on behalf of the Malvinas Islands, among
other territories, the accession of Bulgaria, Costa Rica and El Salvador to the said
Convention.
The Argentine Republic recalls that, by Note A.E. No. 33/98, May 30 1998, it rejected
the extension of the Convention to Malvinas, South Georgias and South Sandwich Islands,
which was notified by the United Kingdom on March 26, 1998. In the same manner, by
Note A.E. No. 47/98, July 13 1998, it disowned the appointment of the illegitimate
governor as central authority in the Malvinas Islands as well as any other act derived
from the illegitimate extension of the said Convention by the United Kingdom.
Taking into account this precedents, the Argentine Government also rejects the acceptance
of the accession and entry into force of the said Convention with regard to Bulgaria,
Costa Rica and El Salvador made by the United Kingdom on behalf of the Malvinas Islands.
The Argentine Government recalls that the Malvinas, South Georgias and South Sandwich
Islands and the surrounding maritime areas are an integral part of the Argentine Republic's
national territory and that, being illegitimately occupied by the United Kingdom of
Great Britain and Northern Ireland, they are subject to a sovereignty dispute between
both countries, which is recognized by the United Nations and other international
organizations.
In that respect, it recalls that the General Assembly of the United Nations adopted
resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19
and 43/25, where it recognizes the existence of the sovereignty dispute to which the
Question of the Malvinas Islands refers and it urges the Governments of the Argentine
Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations
in order to find a peaceful and lasting solution to the dispute as soon as possible.
In turn, the UN Special Committee on Decolonization has repeatedly urged them to do
the same since 1989, most recently through its resolution of 12 June 2008. Furthermore,
on 3 June 2008, the General Assembly of the Organization of American States issued
a similar decision on this Question.
The Argentine Government reaffirms its legitimate sovereign rights over the Malvinas,
South Georgias and South Sandwich Islands and the surrounding maritime areas, which
are an integral part of its national territory.
13-05-2020
… in relation to the notification n° 09/2020 dated 30 April 2020, by which the United
Kingdom of Great Britain and Northern Ireland mentions the Malvinas Islands in the
acceptance of the accession of the Dominican Republic to the Convention.
The Argentine Republic recalls that by Notes AE N° 33/98 dated 30 May 1998, 47/98
dated 13 July 1998 and the statement of 4 August 2009 it rejected the pretension of
the United Kingdom to extend the application of the Convention on the Civil Aspects
of International Child Abduction to the Malvinas, South Georgias and South Sandwich
Islands and the surrounding maritime areas, as notified by the United Kingdom of Great
Britain and Northern Ireland, as well as the acts related to the appointment of the
illegitimate government of Malvinas as the central authority of the Convention and
the acceptance of the accession and entry into force of the Convention for Bulgaria,
Costa Rica and El Salvador on behalf of the Malvinas Islands.
In light of such precedents, the Argentine Republic rejects the pretension of the
United Kingdom to include the Malvinas Islands in the acceptance of the Dominican
Republic's accession to the Convention.
The Government of the Argentine Republic wishes to recall that the Malvinas, South
Georgias and South Sandwich Islands and the surrounding maritime areas are an integral
part of the Argentine national territory and that, being under illegitimate British
occupation are object of a sovereignty dispute between both countries, which is recognized
by Resolution 2065 (XX) and subsequent ones of the United Nations General Assembly
and more than 40 resolutions of the Special Committee on Decolonization, as well as
of other international organizations.
In that sense, it is recalled that the United Nations General Assembly calls upon
the Argentine Republic and the United Kingdom to resume negotiations on sovereignty
in order to find a peaceful and definitive solution.
23-08-2023
The Argentine Government has taken notice of notification no. 045, dated August 1,
2023, in which the United Kingdom of Great Britain and Northern Ireland by accepting
Jamaica’s accession to the aforementioned Convention, intends to do so also on behalf
of the Malvinas Islands.
The Argentine Republic recalls that by means of Notes AE No. 33/98, of May 30, 1998,
47/98, of July 13, 1998 and the declarations of August 4, 2009 and May 13, 2020, it
rejected the claim of the United Kingdom to extend the application of the Convention
on the Civil Aspects of International Child Abduction to the Malvinas, South Georgias
and South Sandwich Islands and the surrounding maritime areas, which was notified
by the United Kingdom of Great Britain and Ireland del Norte, as well as the acts
related to the designation of the illegitimate government of Malvinas as the central
authority of the Convention.
In addition, it opportunely rejected the acceptance of the accession and entry into
force of the Convention for Bulgaria, Costa Rica, El Salvador and the Dominican Republic
on behalf of the Malvinas Islands.
On this occasion, the Argentine Republic categorically rejects the current claim of
the United Kingdom to accept Jamaica's accession to the Convention on behalf of the
Malvinas Islands.
The Government of the Argentine Republic wishes to recall that the Malvinas, South
Georgias and South Sandwich Islands and the surrounding maritime spaces are an integral
part of the Argentine national territory and that, being under illegitimate British
occupation, they are the subject of a sovereignty dispute between the two countries,
which was recognized by Resolution 2065 (XX) and subsequent ones of the United Nations
General Assembly and more than 40 resolutions of the Special Committee on Decolonization,
as well as by other international organizations.
In this sense, it is recalled that the General Assembly of the United Nations urges
the Argentine Republic and the United Kingdom to resume negotiations on sovereignty
in order to reach a peaceful and definitive solution.
[...]
Armenia
01-03-2007
Pursuant to Article 42 of the Convention on the Civil Aspects of International Child
Abduction, the Republic of Armenia makes the following reservations:
1. with regard to Article 24, applications, communications or other documents sent
to the Central Authority of the Republic of Armenia shall be in original languages
and shall be accompanied by a translation into Armenian or, where that is not feasible,
a translation into English.
2. with regard to Article 26, the Republic of Armenia shall not be bound to assume
any costs referred to in Article 26, second paragraph, resulting from the participation
of legal counsel or advisers or from court proceedings, except insofar as those costs
may be covered by its system of legal aid and advice.
Australia
29-10-1986
The Convention extends to the legal system applicable only in the Australian States and mainland Territories.
Austria
09-03-2018
Austria takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding
the application of the Convention on Civil Procedure (1954), the Convention Abolishing
the Requirement of Legalisation for Foreign Public Documents (1961), the Convention
on the Civil Aspects of International Child Abduction (1980) and the Convention on
Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect
of Parental Responsibility and Measures for the Protection of Children (1996) to the
"Autonomous Republic of Crimea" and the city of Sevastopol and of the Declarations
submitted by the Russian Federation on 19 July 2016 in relation to the Declarations
made by Ukraine.
In relation to the Declarations made by the Russian Federation, Austria declares,
in line with the conclusions of the European Council of 20/21 March 2014, that it
does not recognise the illegal referendum in Crimea and the illegal annexation of
the "Autonomous Republic of Crimea" and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Austria therefore considers
that the Conventions in principle continue to apply to the "Autonomous Republic of
Crimea" and the city of Sevastopol as part of the territory of Ukraine.
Austria further notes the Declarations by Ukraine that the "Autonomous Republic of
Crimea" and the city of Sevastopol are temporarily not under the control of Ukraine
and that the application and implementation by Ukraine of its obligations under the
Conventions is limited and not guaranteed in relation to this part of Ukraine's territory,
and that only the central authorities of Ukraine in Kiev will determine the procedure
for relevant communication. As a consequence of the above, Austria declares that it
will not engage in any direct communication or interaction with authorities in the
Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents
or requests emanating from such authorities or through the authorities of the Russian
Federation, but will only engage with the central authorities of Ukraine in Kiev for
the purposes of the application and implementation of the conventions.
Belarus
12-01-1998
The Republic of Belarus declares that it shall not be bound to assume any costs referred to in Paragraph 2 of Article 26 of this Convention resulting from the participation of legal counsel or advisers or from our court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Belize
22-06-1989
1) Any application or other documents transmitted to the Central Authority under the
Convention must be accompanied by a translation in English and not in French.
2) Belize will not be bound to assume any costs relating to applications under the
Convention resulting from the participation of legal counsel or advisers, or from
court proceedings, except insofar as these costs may be covered by its system of legal
aid and advice.
Bolivia
13-07-2016
a. Declaration.
The Plurinational State of Bolivia understands that any provisions relating to age
in this Convention, does not preclude Bolivian law which stipulates that exercise
of authority of the mother, the father or both, and the custody is up to the age of
18 years old.
b. Reservation.
With regard to Article 24 of the "Convention on Civil Aspects of International Child
Abduction" foreign documents annexed to return applications to be submitted in English
or French, must also attach a Spanish translation by a sworn translator.
c. Reservation.
With regard to Article 26 of the "Convention on Civil Aspects of International Child
Abduction", the Plurinational State of Bolivia is not obliged to take any expenses
arising from the participation of a lawyer or legal advisers or from court proceedings,
except insofar as those costs may be covered by a system of legal assistance and legal
advice.
Brazil
19-10-1999
[...] with a reservation as provided for in Article 24 of the said Convention (permitted under Article 42), to the effect that foreign documents appended to legal instruments must be acccompanied by a translation into Portugese done by a sworn translator.
Objection Finland, 23-06-2000
The Government of Finland is unable to accept the reservation in so far as it is incompatible
with Article 24(2) and 42(1) of the Convention.
According to the Article 24(1), any application, communication or other document sent
to the Central Authority shall be in the original language, and shall be accompanied
by a translation into the official language or one of the official languages of the
requested State, or where that is not feasible, a translation into French or English.
Under Article 24(2) a Contracting State may, by making a reservation, object the use
of either French or English, but not both, in any application, communication or other
document sent to its Central Authority.
Having regard to the wording and the purpose of this provision the Finnish Government
considers that the reservation made by Brazil, which excludes the use of both French
and English languages in cases where it is not feasible to obtain a translation of
the document into Portuguese, is not allowed under Article 24(2) and 42(1). In conclusion,
the Finnish Government declares that in relation to Finland this reservation may not
be invoked by the authorities of Brazil in so far as this would be incompatible with
the aforementioned provisions of the Convention.
This declaration is not to be interpreted as preventing the entry into force of the
Convention between Finland and Brazil.
Objection Türkiye, 07-12-2009
The Republic of Turkey does not accept the reservation as long as it is incompatible
with Article 24 (2) and 42 (1) of the Convention. According to Article 24 (1), any
application, communication or other document sent to the Central Authority shall be
in the original language, and shall be accompanied by a translation into the offical
language or one of the official languages of the requested State, or where that is
not feasible, a translation into French or English. Under Article 24 (2) a Contracting
State may, by making a reservation in accordance with Article 42, object the use of
either French or English, but not both, in any application, communication or other
document sent to its Central Authority.
The reservation made by Brazil, which excludes the use of both French and English
languages in cases where it is not feasible to obtain a translation of the document
into Portuguese, is not allowed under Article 24 (2) and 42 (1). Therefore, in relation
to Turkey this reservation may not be invoked by the authorities of Brazil as long
as this would be incompatible with the aforementioned provisions of the Convention.
This declaration is not to be interpreted as preventing the entry into force of the
Convention between Turkey and Brazil.
Bulgaria
20-05-2003
2. Reservation in accordance with Article 26, paragraph 3:
In accordance with Article 42, paragraph 1 of the Convention the Republic of Bulgaria
declares that it shall not be bound to assume any costs and expenses resulting from
the proceedings or, where applicable, those arising from the participation of legal
counsel and those of returning the child.
Canada
02-06-1983
In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph
3, the Government of Canada declares that, with respect to applications submitted
under the Convention concerning the Provinces of Ontario, New Brunswick and British
Columbia, Canada will assume the costs referred to in paragraph 2 of Article 26 only
insofar as these costs are covered by the system of legal aid of the Province concerned.
The Government of Canada further declares that it may at any time submit other declarations
or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect
to other territorial units.
27-02-1984
In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph
3, the Government of Canada declares that, with respect to applications submitted
under the Convention concerning the Province of Nova Scotia, Canada will assume the
costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered
by the system of legal aid of the Province of Nova Scotia.
The Government of Canada further declares that it may at any time submit other declarations
or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect
to other territorial units.
06-07-1984
In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph
3, the Government of Canada declares that, with respect to applications submitted
under the Convention concerning the Province of Newfoundland, Canada will assume the
costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered
by the system of legal aid of the Province of Newfoundland.
The Government of Canada further declares that it may at any time submit other declarations
or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect
to other territorial units.
11-10-1984
In accordance with the provisions of Article 42 and pursuant to Article 24, paragraph
2, translation in the French language will be required for any application, communication
or other document concerning the Province of Quebec when the original language is
neither French nor English.
In accordance with the provisions of Article 42 and pursuant to Article 26, paragraph
3, the Government of Canada declares that, with respect to applications submitted
under the Convention concerning the Province of Quebec, Canada will assume the costs
referred to in paragraph 2 of Article 26 only insofar as these costs are covered by
the system of legal aid of the Province of Quebec.
The Government of Canada further declares that it may at any time submit other declarations
or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect
to other territorial units.
18-11-1984
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph
3, the Government of Canada declares that, with respect to applications submitted
under the Convention concerning the Yukon Territory, Canada will assume the costs
referred to in paragraph 2 of Article 26 only insofar as these costs are covered by
the system of legal aid of the Yukon Territory.
The Government of Canada further declares that it may at any time submit other declarations
or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect
to other territorial units.
12-02-1986
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph
3, the Government of Canada declares that, with respect to applications submitted
under the Convention concerning the Province of Prince Edward Island, Canada will
assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs
are covered by the system of legal aid of the Province of Prince Edward Island.
The Government of Canada further declares that it may at any time submit other declarations
or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect
to other territorial units.
11-08-1986
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph
3, the Government of Canada declares that, with respect to applications submitted
under the Convention concerning the Province of Saskatchewan, Canada will assume the
costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered
by the system of legal aid of the Province of Saskatchewan.
The Government of Canada further declares that it may at any time submit other declarations
or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect
to other territorial units.
04-11-1986
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph
3, the Government of Canada declares that, with respect to applications submitted
under the Convention concerning the Province of Alberta, Canada will assume the costs
referred to in paragraph 2 of Article 26 only insofar as these costs are covered by
the system of legal aid of the Province of Alberta.
The Government of Canada further declares that it may at any time submit other declarations
or reservations, pursuant to Articles 6, 40 and 42 of the Convention, with respect
to other territorial units.
26-01-1988
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph 3, the Government of Canada declares that, with respect to applications submitted under the Convention concerning the Northwest Territories, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of the Northwest Territories.
09-01-2001
In accordance with the provisions of Article 42, and pursuant to Article 26, paragraph 3 of the Convention, the Government of Canada declares that, with respect to applications submitted under the Convention concerning Nunavut, Canada will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the system of legal aid of Nunavut.
Chile
23-02-1994
Chile understands article 3 of the Convention on the Civil Aspects of International Child Abduction in the sense that it is not inconsistent with the national legislation which provides that the right to guardianship and custody is exercised until the age of 18.
China
16-06-1997
In accordance with the Joint Declaration of the Government of the People's Republic
of China and the Government of the United Kingdom of Great Britain and Northern Ireland
on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as
the "Joint Declaration"), the People's Republic of China will resume the exercise
of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect
from that date, become a Special Administrative Region of the People's Republic of
China and will enjoy a high degree of autonomy, except in foreign and defence affairs
which are the responsibilities of the Central People's Government of the People's
Republic of China.
It is provided both in Section XI of Annex I to the Joint Declaration, "Elaboration
by the Govermnent of the People's Republic of China of its Basic Policies Regarding
Hong Kong", and Article 153 of the Basic Law of the Hong Kong Special Administrative
Region of the People's Republic of China, which was adopted on 4 April 1990 by the
National People's Congress of the People's Republic of China, that international agreements
to which the People's Republic of China is not a party but which are implemented in
Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.
In accordance with the above provisions, I am instructed by the Minister of Foreign
Affairs of the People's Republic of China to make the following notification:
The Convention on the Civil Aspects of International Child Abduction done at the Hague
on 25 October 1980 (hereinafter referred to as the "Convention"), by which the Government
of the Kingdom of the Netherlands is designated as the depository, which applies to
Hong Kong at present, will continue to apply to the Hong Kong Special Administrative
Region with effect from 1 July 1997.
The Government of the People's Republic of China also makes the following declaration:
In accordance with the provisions of Article 42 of the Convention, the Hong Kong Special
Administrative Region will not be bound to bear any costs referred to in Paragraph
2 of Article 26 of the Convention resulting from the participation of legal counsel
or advisers or from court proceedings, except insofar as those costs may be covered
by its system of legal aid and advice;
Within the above ambit, responsibility for the international rights and obligations
of a party to the Convention will be assumed by the Government of the People's Republic
of China.
10-12-1999
In accordance with the Joint Declaration of the Government of the People's Republic
of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter
referred to as the Joint Declaration) signed on 13 April 1987, the Government of the
People's Republic of China will resume the exercise of sovereignty over Macao with
effect from 20 December 1999. Macao will from that date, become a Special Administrative
Region of the People's Republic of China and will enjoy a high degree of autonomy,
except in foreign and defence affairs which are the responsibilities of the Central
People's Government of the People's Republic of China.
It is provided both in Section VIII of Elaboration by the Government of the People's
Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint
Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region
of the People's Republic of China, which was adopted on 31 March 1993 by the National
People's Congress of the People's Republic of China, that international agreements
to which the Government of the People's Republic of China is not yet a party but which
are implemented in Macao may continue to be implemented in the Macao Special Administrative
Region.
In accordance with the provisions mentioned above, I am instructed by the Minister
of Foreign Affairs of the People's Republic of China, to inform Your Excellency of
the following:
The Convention on the civil aspects of international child abduction, concluded at
The Hague on 25 October 1980 (hereinafter referred to as the Convention), which applies
to Macao at present, will continue to apply to the Macao Special Administrative Region
with effect from 20 December 1999.
03-09-2012
Official languages of Macao Special Administrative Region (MSAR) are Chinese and Portuguese. Processing of applications under the Convention would be expedited if applications and other documents addressed to Central Authority of MSAR could be accompanied by a translation into Chinese or Portuguese.
Czech Republic
15-12-1997
Having examined this Convention and knowing that the Parliament of the Czech Republic has given its consent thereto, we hereby ratify and confirm it with the Reservation according to Article 42 of the Convention, that the Czech Republic shall not be bound to assume any costs referred to in Article 26, paragraph 2 of the Convention, resulting from the participation of legal counsel or advisers or from our court proceedings, except insofar as those costs may be covered by its legal system of legal aid and advice.
Denmark
17-04-1991
Pursuant to the provisions of Article 39, paragraph 1, the Convention shall not be
applicable to the territories of the Faroe Islands and Greenland.
Pursuant to the provisions of Article 42, paragraph 1,
a) the Kingdom of Denmark objects to the use of French in any application, communication
or other document sent to its Central Authority (cf. Article 24, paragraph 2); and
b) it shall not be bound to assume any costs resulting from the participation of legal
counsel or advisers or from court proceedings, except insofar as those costs may be
covered by its system of legal aid and advice (cf. Article 26, paragraph 3).
22-04-2016
The Convention should now be applied to Greenland wherefore the Kingdom of Denmark withdraws its territorial declaration with regard to Greenland in accordance with Article 42, paragraph 2.
El Salvador
05-02-2001
1. The Government of the Republic of El Salvador shall not be bound to assume the
costs referred to in Article 26, paragraph 2, except insofar as those costs may be
covered by its system of legal aid and advice.
2. The Government of the Republic of El Salvador interprets Article 3 with the domestic
legislation of the Republic whereby the age of majority is eighteen years.
[...]
4. The Government of the Republic of El Salvador declares that all documentation sent
to El Salvador in application of the said Convention must be accompanied by an official
translation into Spanish.
Estonia
18-04-2001
[...]
2) Pursuant to Article 42 and Article 24, paragraph 2, of the Convention the Republic
of Estonia only accepts English language with regard to applications, communications
or other documents.
3) Pursuant to Article 42 and Article 26, paragraph 3, of the Convention the Republic
of Estonia will not accept obligations with regard to expenses referred to in Article
26, paragraph 2, which result from the participation of a legal counsel or advisers
or from court proceedings, except insofar as those costs may be covered by its system
of legal aid and advice.
30-04-2019
Estonia takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding
the application of the Convention Abolishing the Requirement of Legalisation for Foreign
Public Documents (1961), the Convention on the service abroad of judicial and extrajudicial
documents in civil or commercial matters (1965), the Convention on the taking of evidence
abroad in civil or commercial matters (1970), the Convention on the Civil Aspects
of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (1996) to the Autonomous Republic of Crimea
and the city of Sevastopol and of the Declarations submitted by the Russian Federation
on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Estonia declares,
in line with the conclusions of the European Council of 20/21 March 2014, that it
does not recognise the illegal referendum in Crimea and the illegal annexation of
the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above-mentioned Conventions, Estonia therefore
considers that the conventions in principle continue to apply to the Autonomous Republic
of Crimea and the city of Sevastopol as part of the territory of Ukraine.
Estonia further notes the Declaration by Ukraine that the Autonomous Republic of Crimea
and the city of Sevastopol are temporarily not under the control of Ukraine and that
the application and implementation by Ukraine of its obligations under the Conventions
is limited and not guaranteed in relation to this part of Ukraine's territory, and
that only the central authorities of Ukraine in Kyiv will determine the procedure
for relevant communication.
As a consequence of the above, Estonia declares that it will not engage in any direct
communication or interaction with authorities in the Autonomous Republic of Crimea
and the city of Sevastopol and will not accept any documents or requests emanating
from such authorities or through the authorities of the Russian Federation, but will
only engage with the central authorities of Ukraine in Kyiv for the purposes of the
application and implementation of the conventions.
Finland
25-05-1994
1) Finland declares, according to Article 42 and Article 24, paragraph 2 of the Convention,
that it accepts only the use of English in applications, communications and other
documents sent to its Central Authority.
2) Finland declares, according to Article 42 and Article 26 pagragraph 3 of the Convention,
that it shall not be bound to assume any costs referred to in Article 26 paragraph
2 resulting from the participation of legal counsel or advisers or from court proceedings,
except insofar as those costs may be covered by its system of legal aid and advice.
19-09-2018
The Government of Finland takes note of the Declarations submitted by Ukraine on 16
October 2015 regarding the application of the Convention on Civil Procedure (1954),
the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents
(1961), the Convention on the service abroad of judicial and extrajudicial documents
in civil or commercial matters (1965), the Convention on the taking of evidence abroad
in civil or commercial matters (1970), the Convention on the Civil Aspects of International
Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition,
Enforcement and Co-operation in Respect of Parental Responsibility and Measures for
the Protection of Children (1996) and the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous Republic
of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian
Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Finland declares,
in line with the conclusions of the European Council of 20/21 March 2014, that it
does not recognise the illegal referendum in Crimea and the illegal annexation of
the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Finland therefore considers
that the conventions in principle continue to apply to the Autonomous Republic of
Crimea and the city of Sevastopol as part of the territory of Ukraine.
Finland further notes the Declaration by Ukraine that the Autonomous Republic of Crimea
and the city of Sevastopol are temporarily not under the control of Ukraine and that
the application and implementation by Ukraine of its obligations under the Conventions
is limited and not guaranteed in relation to this part of Ukraine's territory, and
that only the central authorities of Ukraine in Kyiv will determine the procedure
for relevant communication.
As a consequence of the above, Finland declares that it will not engage in any direct
communication or interaction with authorities in the Autonomous Republic of Crimea
and the city of Sevastopol and will not accept any documents or requests emanating
from such authorities or through the authorities of the Russian Federation, but will
only engage with the central authorities of Ukraine in Kyiv for the purposes of the
application and implementation of the said conventions.
France
16-09-1982
2) In accordance with the provisions of article 42 and in application of article 24,
paragraph 2, [the Central Authority] will only follow up applications written in French
or accompanied by a translation into French and will require all communications or
documents sent to its Central Authority to be translated into French.
3) In accordance with the provisions of article 42 and in application of article 26,
paragraph 3, it declares that it will only assume the costs referred to in paragraph
2 of article 26 in so far as they are covered by the French legal aid system.
4) In accordance with the provisions of article 39, it declares that the Convention
will apply to the entire territory of the French Republic.
Georgia
05-11-2018
[…] Georgia declares that according to Article 36 of the above-mentioned Convention
the application of the Convention between the Republic of Iraq and Georgia shall be
extended with regard to the cases arisen between the Parties before its entry into
force.
Germany
27-09-1990
The Federal Republic of Germany assumes that, in accordance with the first paragraph
of Article 24, applications from other Contracting States shall regularly be accompanied
by a translation into German [...]
[...] declares in accordance with the third paragraph of Article 26 that it is not
bound to assume any costs referred to in the second paragraph of Article 26 resulting
from the participation of legal counsel or advisers or from court proceedings, except
insofar as those costs may be covered by its regulations concerning legal aid and
advice.
06-06-2018
The Federal Republic of Germany takes note of the Declarations submitted by Ukraine
on 16 October 2015 regarding the application of the Convention on Civil Procedure
(1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public
Documents (1961), the Convention on the service abroad of judicial and extrajudicial
documents in civil or commercial matters (1965), the Convention on the taking of evidence
abroad in civil or commercial matters (1970), the Convention on the Civil Aspects
of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (1996) and the Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous
Republic of Crimea and the city of Sevastopol and of the Declarations submitted by
the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Federal Republic
of Germany declares, in line with the conclusions of the European Council of 20/21
March 2014, that it does not recognise the illegal referendum in Crimea and the illegal
annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the
Russian Federation.
Regarding the territorial scope of the above Conventions, the Federal Republic of
Germany therefore considers that the Conventions in principle continue to apply to
the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory
of Ukraine.
The Federal Republic of Germany further notes the Declarations by Ukraine that the
Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under
the control of Ukraine and that the application and implementation by Ukraine of its
obligations under the Conventions is limited and not guaranteed in relation to this
part of Ukraine's territory, and that only the government of Ukraine will determine
the procedure for relevant communication.
As a consequence of the above, the Federal Republic of Germany declares that it will
only engage with the government of Ukraine for the purposes of the application and
implementation of the conventions with regard to the Autonomous Republic of Crimea
and the city of Sevastopol.
Greece
19-03-1993
1. In accordance with article 42 of the Convention on the Civil Aspects of International
Child Abduction, Greece declares that it shall not be bound to assume any costs referred
to in the second paragraph of article 26 resulting from the participation of legal
counsel or advisers or from court proceedings except in so far as those costs relate
to instances of legal aid and advice.
2. In accordance with article 42 of the above-mentioned Convention, Greece declares
that it objects to the use of French in any application, communication or other document
sent to its Central Authority as provided for in article 24.
Guatemala
06-02-2002
The Republic of Guatemala formulates the following reserves according to the Article
42 of the Convention:
I. The Republic of Guatemala oppose itself to the use of French in all the requests,
communication and other documents to be sent to the Central Authority, based in the
second paragraph of the Article 24 of the Convention (if applicable).
II. The Republic of Guatemala is not obligated to assume any kind of expenses mentioned
on the second paragraph of the Article 26 of the Convention, derived from the participation
of a lawyer, legal advisors or the judiciary procedure, except insofar as those costs
may be covered by its system of legal advice.
Iceland
14-08-1996
1. In accordance with Article 42, paragraph 1, and Article 24, paragraph 2, of the
Convention, Iceland makes a reservation with regard to Article 24, paragraph 1, and
objects to the use of French in any application, communication or other document sent
to its Central Authority.
2. In accordance with Article 42, paragraph 1, and Article 26, paragraph 3, of the
Convention, Iceland makes a reservation that it shall not be bound to assume any costs
referred to in Article 26, paragraph 2, resulting from the participation of legal
counsel or advisers or from court procee-dings, except insofar as those costs may
be covered by its system of legal aid and advice.
Israel
04-09-1991
In accordance with Articles 26 and 42 of the Convention, the State of Israel hereby declares that, in proceedings under the Convention, it shall not be bound to assume any costs resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Jamaica
24-02-2017
In accordance with Articles 26 and 42 of the Convention, Jamaica hereby declares that, in proceedings under the Convention, it shall not be bound to assume any costs resulting from participation of legal counsel or advisers or from court proceedings, except insofar as those costs are covered by its system of legal aid and advice.
Japan
24-01-2014
Pursuant to Article 24, paragraph 2 of the Convention, the Government of Japan objects
to the use of French in any application, communication or other document sent to its
Central Authority.
Pursuant to Article 26, paragraph 3 of the Convention, the Government of Japan declares
that it shall not be bound to assume any costs referred to in Article 26, paragraph
2 resulting from the participation of legal counsel or advisers or from court proceedings,
except insofar as those costs may be covered by its system of legal aid and advice.
Kazakhstan
03-06-2013
The Republic of Kazakhstan in accordance with Article 42, declares that it shall not be bound to assume any costs referred to in paragraph 2 of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Latvia
15-11-2001
In accordance with the Article 42 and 24, paragraph 2, of the Convention the Republic of Latvia declares that it accepts only the use of English in any application, communication or other documents sent to its Central Authority.
04-04-2018
The Ministry of Foreign Affairs of the Republic of Latvia […] with reference to […]
the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement
of Legalisation for Foreign Public Documents (1961), the Convention on the Service
Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965),
the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970),
the Convention on the Civil Aspects of International Child Abduction (1980),and the
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation
in Respect of Parental Responsibility and Measures for the Protection of Children
(1996) has to honour to convey the following.
The Government of the Republic of Latvia takes note of the Declarations submitted
by Ukraine on 16 October 2015 regarding the application of the aforementioned Conventions
to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations
submitted by the Russian Federation on 19 July 2016 in relation to the Declarations
made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Republic of Latvia
declares, in line with the conclusions of the European Council of 20/21 March 2014,
that it does not recognise the illegal referendum in Crimea and the illegal annexation
of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, the Republic of Latvia
therefore considers that the Conventions in principle continue to apply to the Autonomous
Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Republic of Latvia further notes the Declarations by Ukraine that the Autonomous
Republic of Crimea and the city of Sevastopol are temporarily not under the control
of Ukraine and that the application and implementation by Ukraine of its obligations
under the Convention is limited and not guaranteed in relation to this part of Ukraine's
territory, and that only the central authorities of Ukraine in Kyiv will determine
the procedure for relevant communication.
As a consequence of the above, the Republic of Latvia declares that it will not engage
in any direct communication or interaction with authorities in the Autonomous Republic
of Crimea and the city of Sevastopol and will not accept any documents or requests
emanating from such authorities or through the authorities of the Russian Federation,
but will only engage with the central authorities of Ukraine in Kiev for the purposes
of the application and implementation of the convention.
Lithuania
05-06-2002
1. Pursuant to Article 42 and paragraph 2 of Article 24 of the Convention, the Republic
of Lithuania consents to using only the English language for any application, communication
or other document sent to its Central Authority.
2. Pursuant to Article 42 and paragraph 3 of Article 26 of the Convention, the Republic
of Lithuania shall not be bound to assume any costs referred to in paragraph 2 of
Article 26 of the Convention resulting from court proceedings or from the participation
of legal counsel or advisers, except insofar as those costs may be covered by the
system of legal aid and advice of the Republic of Lithuania.
16-06-2020
The Government of the Republic of Lithuania takes note of the Declarations submitted
by Ukraine on 16 October 2015 regarding the application of the Convention on Civil
Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign
Public Documents (1961), the Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters (1965), the Convention on the Taking of Evidence
Abroad in Civil or Commercial Matters (1970), the Convention on the Civil Aspects
of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (1996) to the Autonomous Republic of Crimea
and the city of Sevastopol and of the Declarations submitted by the Russian Federation
on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Government of
the Republic of Lithuania declares, in line with the conclusions of the European Council
of 20/21 March 2014, that it does not recognize the illegal referendum in Crimea and
the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol
to the Russian Federation.
As regards the territorial scope of the above Conventions, the Government of the Republic
of Lithuania therefore considers that the conventions in principle continue to apply
to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory
of Ukraine.
The Government of the Republic of Lithuania further notes the Declaration by Ukraine
that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily
not under the control of Ukraine and that the application and implementation by Ukraine
of its obligations under the Conventions is limited and not guaranteed in relation
to this part of Ukraine's territory, and that only the central authorities of Ukraine
in Kyiv will determine the procedure for relevant communication.
As a consequence of the above, the Government of the Republic of Lithuania declares
that it will not engage in any direct communication or interaction with authorities
in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept
any documents or requests emanating from such authorities or through the authorities
of the Russian Federation, but will only engage with the central authorities of Ukraine
in Kyiv for the purposes of the application and implementation of the said conventions.
Luxembourg
08-10-1986
The Grand-Duchy of Luxemburg declares that it shall not be bound to assume any costs
referred to in Article 26, paragraph 2, of the Convention, namely the costs resulting
from the participation of legal counsel or advisers or from court proceedings, except
insofar as those costs are covered by the Luxemburg system of legal aid and advice.
Mauritius
23-03-1993
The Republic of Mauritius declares that it shall not be bound to assume any costs referred to in paragraph 2 of Article 26 resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Moldova
10-04-1998
In accordance with the provisions of Article 42 of the Convention, pursuant to Article 26, paragraph 3, the Republic of Moldova declares that the Republic of Moldova will assume the costs referred to in paragraph 2 of Article 26 only insofar as these costs are covered by the national system of legal and judicial aid.
Monaco
12-11-1992
In conformity with Article 26 paragraph 3 of the Convention, the Principality of Monaco declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisors or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Montenegro
01-03-2007
[...] the Government of the Republic of Montenegro succeeds to the Convention on the civil aspects of international child abduction, concluded at The Hague on 25 October 1980, and takes faithfully to perform and carry out the stipulations therein contained as from 3 June 2006, the date upon the Republic of Montenegro assumed responsibility for its international relations.
Netherlands, the Kingdom of the
12-06-1990
The Kingdom of the Netherlands shall not be bound to assume any costs referred to
in the second paragraph of Article 26 of the Convention on the Civil Aspects of International
Child Abduction, done at The Hague on 25 October 1980, resulting from the participation
of legal counsel or advisers or from court proceedings, except insofar as those costs
may be covered by its system of legal aid and advice.
18-10-2010
The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands
Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao,
Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part
of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts:
the Netherlands, Aruba, Curaçao and Sint Maarten.
Curaçao and Sint Maarten enjoy internal self-government within the Kingdom, as Aruba
and, up to 10 October 2010, the Netherlands Antilles do. The other islands of the
Netherlands Antilles - Bonaire, Sint Eustatius and Saba - are administratively integrated
in the Netherlands, forming 'the Caribbean part of the Netherlands'.
These changes constitute a modification of the internal constitutional relations within
the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain
the subject of international law with which agreements are concluded.
The Convention, that applied until now only to the European part of the Netherlands,
is declared applicable to the Caribbean part of the Netherlands. The Government of
the Netherlands is responsible for implementing the Convention.
New Zealand
31-05-1991
The Government of New Zealand hereby declares in accordance with Article 24 and Article
42 of the Convention that any application, communication or other document sent to
its Central Authority should either be in the English language or accompanied by a
translation thereof in the English language.
And the Government of New Zealand hereby further declares in accordance with Article
26 and Article 42 of the Convention that it reserves the right not to be bound to
assume the costs referred to in Article 26 resulting from the participation of legal
counsel or advisers or from Court proceedings, except insofar as those costs may be
covered by its system of legal aid and advice.
North Macedonia
20-09-1993
[Succession by the Former Yugoslav Republic of Macedonia.]
Objection Greece, 30-11-1993
As regards the notification of 1st October 1993 of the Ministry of Foreign Affairs
of The Kingdom of [the] Netherlands and the proposed continuity by the Former Yugoslav
Republic of Macedonia in respect to the conventions to which the Socialist Federal
Republic of Yugoslavia was a party we would like to bring to your attention the following:
- Participation of the Former Yugoslav Republic of Macedonia to the conventions mentioned
in the above notification does not amount to recognition of the Former Yugoslav Republic
of Macedonia on behalf of Greece.
- Those of the above conventions which are binding upon Greece remain without effect
as between the latter and the Former Yugoslav Republic of Macedonia.
This implies that the Convention will remain without effect as between Greece and
the Former Yugoslav Republic of Macedonia.
Norway
09-01-1989
1. In accordance with Articles 24 and 42, the Norwegian Government reserves the right
not to accept applications, communications or other documents sent to the General
Authority in French.
2. In accordance with Articles 26 and 42, Norway makes the reservation that it shall
not be bound to assume any costs resulting from the participation of legal counsel
or advisers or from court proceedings, except insofar as those costs may be covered
by Act of 13 June 1980 relating to free legal aid.
Pakistan
22-12-2016
Article 24
The document should be in English language.
Article 26
It shall not be bound to assume any costs referred to in the second paragraph of Article
26 of the Convention resulting from the participation of legal counsel or advisers
or from court proceedings, except insofar as those costs may be covered by its system
of legal aid and advice.
Panama
02-02-1994
1. The Republic of Panama objects to the use of the French language in any application,
communication or other document mentioned in article 24, first paragraph, sent to
its Central Authority.
2. Likewise the Republic of Panama declares that it shall not be bound to assume any
costs referred to in the first paragraph of Article 26 of the Convention resulting
from the participation of legal counsel or advisers or from court proceedings, except
insofar as those costs may be covered by its system of legal aid and advice.
03-05-1994
The first part of the reservation made by Panama on 2 February 1994 is withdrawn with effect from 1 August 1994.
Philippines
04-04-2016
1. On Article 24 of the Convention
The Government of the Republic of the Philippines declares, in accordance with Article
24 and Article 42 of the Convention, that any application, communication or other
document sent to its Central Authority shall be in the English language or in its
original language accompanied by a translation thereof in the English language.
2. On Article 26, third paragraph of the Convention
The Government of the Republic of the Philippines declares, pursuant to the third
paragraph of Article 26 and Article 42 of the Convention, that it shall not be bound
to assume any costs or expenses arising from the participation of legal counsel or
advisers or from court and legal proceedings in connection with efforts to return
children from the Republic of the Philippines pursuant to the Convention, except insofar
as those costs or expenses may be covered by a system of legal aid and advice.
Poland
10-08-1992
In accordance with article 42, the Republic of Poland makes the reservation referred to in article 26, paragraph 3 of the above-mentioned Convention and declares that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings except in so far as those costs may be covered by its system of legal aid and advice.
29-04-2021
The Republic of Poland takes note of the Declarations submitted by Ukraine on 16 October
2015 regarding the application of the Convention on civil procedure (1954), the Convention
on the service abroad of judicial and extrajudicial documents in civil or commercial
matters (1965), the Convention on the taking of evidence abroad in civil or commercial
matters (1970), the Convention on the recognition and enforcement of decisions relating
to maintenance obligations (1973), the Convention on the civil aspects of international
child abduction (1980) and the Convention on jurisdiction, applicable law, recognition,
enforcement and co-operation in respect of parental responsibility and measures for
the protection of children (1996) and of the Declarations submitted by the Russian
Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Republic of Poland
declares, in accordance with the duty of non-recognition as lawful a situation created
by a serious breach by State of an obligation arising under a peremptory norm of general
international law and in line with the conclusions of the European Council of 20/21
March 2014, that it does not recognize the illegal referendum in Crimea and the illegal
annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the
Russian Federation.
As regards the territorial scope of the above Conventions, the Republic of Poland
therefore considers that the Conventions in principle continue to apply to the Autonomous
Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Republic of Poland further notes the Declarations by Ukraine that the Autonomous
Republic of Crimea and the city of Sevastopol as well as certain districts of the
Donetsk and Luhansk oblasts of Ukraine are temporarily not under the control of Ukraine
and that the application and implementation by Ukraine of its obligations under the
Conventions is limited and not guaranteed in relation to this part of Ukraine's territory,
and that only the government of Ukraine will determine the procedure for relevant
communication.
As a consequence of the above, the Republic of Poland declares that it will not engage
in any direct communication or interaction with authorities in the Autonomous Republic
of Crimea and the city of Sevastopol as well as in certain districts of the Donetsk
and Luhansk oblasts of Ukraine and will not accept any documents or requests emanating
from such authorities or through the authorities of the Russian Federation, but will
only engage with the central authorities of Ukraine for the purposes of the application
and implementation of the conventions.
Portugal
26-11-1999
In accordance with the Joint Declaration of the Government of the Portuguese Republic
and of the Government of the People's Republic of China on the question of Macau,
signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will
remain internationally responsible for Macau until 19 December 1999, the People's
Republic of China resuming from that date the exercise of sovereignty over Macau,
with effect from 20 December 1999.
From 20 December 1999 the Portuguese Republic will cease to be responsible for the
international rights and obligations arising from the application of the Convention
in Macau [...] .
13-03-2018
The Government of the Portuguese Republic takes note of the Declaration submitted
by Ukraine on 16 October 2015 regarding the application of the Convention on the Civil
Aspects of International Child Abduction, done at The Hague, on 25 October 1980, to
the "Autonomous Republic of Crimea" and the city of Sevastopol and of the Declaration
submitted by the Russian Federation on 19 July 2016 in relation to the Declaration
made by Ukraine.
In relation to the Declaration made by the Russian Federation, the Government of the
Portuguese Republic declares, in line with the conclusions of the European Council
of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and
the illegal annexation of the "Autonomous Republic of Crimea" and the city of Sevastopol
to the Russian Federation.
As regards the territorial scope of the above Convention, the Government of the Portuguese
Republic therefore considers that the Convention in principle continues to apply to
the "Autonomous Republic of Crimea" and the city of Sevastopol as part of the territory
of Ukraine.
The Government of the Portuguese Republic further notes the Declaration by Ukraine
that the "Autonomous Republic of Crimea" and the city of Sevastopol are temporarily
not under the control of Ukraine and that the application and implementation by Ukraine
of its obligations under the Convention is limited and not guaranteed in relation
to this part of Ukraine's territory, and that only the central authorities of Ukraine
in Kiev will determine the procedure for relevant communication.
As a consequence of the above, the Government of the Portuguese Republic declares
that it will not engage in any direct communication or interaction with authorities
in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept
any documents or requests emanating from such authorities or through the authorities
of the Russian Federation, but will only engage with the central authorities of Ukraine
in Kiev for the purposes of the application and implementation of the convention.
Republic of Korea, the
13-12-2012
1. Pursuant to Article 42 and 24 of the Convention, the Republic of Korea objects
to the use of French in any application, communication or other document sent to its
Central Authority.
2. Pursuant to Article 42 and 26 of the Convention, the Republic of Korea declares
that it shall not be bound to assume any costs referred to in the second paragraph
of Article 26 resulting from the participation of legal counsel or advisers or from
court proceedings, except insofar as those costs may be covered by its system of legal
aid and advice.
Romania
14-06-2018
Romania takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding
the application of the Convention on Civil Procedure (1954), the Convention Abolishing
the Requirement of Legalisation for Foreign Public Documents (1961), the Convention
on the Civil Aspects of International Child Abduction (1980), the Convention on the
service abroad of judicial and extrajudicial documents in civil or commercial matters
(1965) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement
and Co-operation in Respect of Parental Responsibility and Measures for the Protection
of Children (1996) to the "Autonomous Republic of Crimea" and the city of Sevastopol
and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation
to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Romania declares,
in line with the conclusions of the European Council of 20/21 March 2014, that it
does not recognise the illegal referendum in Crimea and the illegal annexation of
the "Autonomous Republic of Crimea" and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Romania therefore considers
that the Conventions in principle continue to apply to the "Autonomous Republic of
Crimea" and the city of Sevastopol as part of the territory of Ukraine.
Romania further notes the Declarations by Ukraine that the "Autonomous Republic of
Crimea" and the city of Sevastopol are temporarily not under the control of Ukraine
and that the application and implementation by Ukraine of its obligations under the
Conventions is limited and not guaranteed in relation to this part of Ukraine's territory,
and that only the central authorities of Ukraine in Kiev will determine the procedure
for relevant communication.
As a consequence of the above, Romania declares that it will not engage in any direct
communication or interaction with authorities in the Autonomous Republic of Crimea
and the city of Sevastopol and will not accept any documents or requests emanating
from such authorities or through the authorities of the Russian Federation, but will
only engage with the central authorities of Ukraine in Kiev for the purposes of the
application and implementation of the conventions.
Russian Federation
28-07-2011
The Russian Federation in accordance with Article 42 of the Convention shall not consider itself bound by the obligation to assume costs, as provided for in the second paragraph of Article 26 of the Convention, resulting from the participation of the legal counsel or advisers or from court proceedings, except for those costs that may be covered by its system of legal aid and advice.
19-07-2016
Reaffirming its firm commitment to respect and fully comply with generally recognised
principles and rules of international law, the Russian Federation, with reference
to the declaration of Ukraine of 16 October 2015 regarding the Convention of 25 October
1980 on the Civil Aspects of International Child Abduction, states the following.
The Russian Federation rejects to the above mentioned declaration of Ukraine and states
that it cannot be taken into consideration as it is based on a bad faith and incorrect
presentation and interpretation of facts and law.
The declaration of Ukraine regarding "certain districts of the Donetsk and Luhansk
oblasts of Ukraine" cannot serve as a justification for non-compliance with its obligations,
disregard for humanitarian considerations, refusal or failure to take necessary measures
to find practical solutions for issues that have a very serious and direct impact
on the ability of residents of those regions to exercise their fundamental rights
and freedoms provided for by international law.
The declaration of independence of the Republic of Crimea and its voluntary accession
to the Russian Federation are the result of a direct and free expression of will by
the people of Crimea in accordance with democratic principles, a legitimate form of
exercising their right to self-determination given an aided from abroad violent coup
d'état in Ukraine which caused rampant radical nationalist elements not hesitating
to use terror, intimidation and harassment against both its political opponents and
the population of entire regions of Ukraine.
The Russian Federation rejects any attempts to call into question an objective status
of the Republic of Crimea and the city of Sevastopol as constituent entities of the
Russian Federation, the territories of which are an integral part of the territory
of the Russian Federation under its full sovereignty. Thus, the Russian Federation
reaffirms that it fully complies with its international obligations under the Convention
in relation to this part of its territory.
Saint Kitts and Nevis
31-05-1994
Saint Kitts and Nevis is not bound to assume any costs resulting under the Convention from the participation of legal counsel or advisers [or] from court proceedings in terms of paragraph 3 of Article 26 of the Convention.
Objection Germany, 06-02-1995
The reservation under Article 26, paragraph 3 of the Convention made by Saint Kitts and Nevis on its accession is believed by the competent German judicial authorities to be connected with the fact that Saint Kitts and Nevis does not have a system of legal aid. Introduction of such a system would, however, render the reservation in its present form inadmissible. A possible solution would be for Saint Kitts and Nevis to supplement its reservation under article 26, paragraph 3 accordingly.
01-08-1994
The Government of Saint Christopher and Nevis has confirmed the date of 1 August 1994 as the date on which the Convention entered into force between Saint Christopher and Nevis and the United Kingdom of Great Britain and Northern Ireland.
San Marino
14-12-2006
In conformity with Article 26, paragraph 3, of the Convention, the Republic of San Marino declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Serbia
04-02-2003
[...] that, following the adoption and promulgation of the Constitutional Charter of Serbia and Montenegro by the Assembly of the Federal Republic of Yugoslavia on February 4, 2003, as previously adopted by the National Assembly of the Republic of Serbia on 27 January 2003 and by the Assembly of the Republic of Montenegro on 29 January 2003, the name of the State of the Federal Republic of Yugoslavia has been changed to "Serbia and Montenegro".
09-06-2006
[...] following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006.
Singapore
28-12-2010
1. In accordance with the provisions of Article 42 and pursuant to the second paragraph
of Article 24, the Republic of Singapore makes the reservation that:
All applications, communications and other documents sent to the Central Authority
of Singapore shall, if it is in a language other than English, be accompanied by their
translation into English.
2. In accordance with the provisions of Article 42 and pursuant to the third paragraph
of Article 26, the Republic of Singapore makes the reservation that:
It shall not be bound to assume any costs referred to in the second paragraph of Article
26 resulting from the participation of legal counsel or advisers or from court proceedings,
except insofar as those costs may be covered by its system of legal aid and advice.
Slovakia
07-11-2000
The Slovak Republic avails itself of the possibility to make a reservation under Article 42 of the Convention of 25 October 1980 on Civil Aspects of International Child Abduction and, in accordance with its Article 26, paragraph 3, declares that is shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Slovenia
01-06-1994
The Government of Slovenia has confirmed the date of 1 June 1994 as the date on which the Convention entered into force between the Republic of Slovenia and the United Kingdom of Great Britain and Northern Ireland.
South Africa
08-07-1997
That the use of French in any application, communication or other document sent to
the Central Authority of the Republic of South Africa, as provided for in Article
24 of the Convention, is objected to, and that such documents shall not be accepted
in French.
That the Republic of South Africa shall not be bound to assume any costs referred
to in paragraph 2 of Article 26 of the Convention resulting from the participation
of legal counsel or advisers or from court proceedings, except those costs which may
be covered by the system of legal aid in terms of the Legal Aid Act, 1969 (Act. No.
22 of 1969).
Spain
29-05-2013
In accordance to the provisions of Article 38, paragraph 4 of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, Spain declares to accept the accession of the Republic of Guinea to said Convention, notwithstanding the current status and future evolution of the European Union Law on the subject.
20-11-2013
In accordance with the provisions of Article 38, paragraph 4 of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, Spain declares to accept the accession of the Kingdom of Lesotho to aforesaid Convention, notwithstanding the current status and future evolution of the European Union Law on the subject.
Sri Lanka
28-09-2001
Reservations as provided for in Article 42 of the Convention as regards Article 24
and 26.
Article 24: For purposes of Article 24, the documents should be in the English Language.
Article 26 (3): For purposes of Article 26 (3) Sri Lanka should not be bound to assume
any costs referred to in the preceding paragraph resulting from the participation
of Legal Counsel or advisers or from Court proceedings except in so far as those,
costs may be covered by the legal aid and advice system of Sri Lanka.
Sweden
22-03-1989
In accordance with the provisions of Article 42 and pursuant to Article 42 and pursuant to Article 26, Sweden declares that it shall not be bound to assume any costs referred to in Article 26, paragraph 2, resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by the Swedish system of legal aid.
Thailand
14-08-2002
[...] subject to the reservation, made pursuant to Articles 24 and 42 thereof, that is it accepts only the use of the English language in any application, communication or other document sent to its Central Authority [...].
Tunisia
10-07-2017
Firstly, in accordance with the provisions of Article 24 of the Convention, applications,
communications or other documents sent to the Tunisian Central Authority shall be
accompanied, where applicable, by a translation into Arabic. When a translation into
Arabic is not feasible, the documents shall be translated into French.
Secondly, in accordance with the provisions of Article 26 of the Convention, the Republic
of Tunisia shall not be bound to assume any costs referred to in the second paragraph
of this Article, except insofar as those costs may be covered by its system of legal
aid.
Türkiye
31-05-2000
[...] that in accordance with paragraph 3 of Article 26, the Republic of Turkey shall not be bound to assume any costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers and those of returning the child.
Objection Finland, 18-10-2000
The Government of Finland is unable to accept the reservation in so far as it is incompatible
with Article 26(3) and 42(1) of the Convention.
According to the Article 26(3), a Contracting State may, by making a reservation in
accordance with Article 42, declare that it shall not be bound to assume any costs
referred to in the preceding paragraph resulting from the participation of legal counsel
or advisers or from court proceedings, except insofar as those costs may be covered
by its system of legal aid and advice.
Having regard to the wording and the purpose of this provision the Finnish Government
considers that the reservation made by Turkey, which excludes also the costs covered
by Turkey's system of legal aid and advice, is not allowed under Article 26(3) and
42(1). In conclusion, the Finnish Government declares that in relation to Finland
this reservation may not be invoked by Turkey in so far as this would be incompatible
with the aforementioned provisions of the Convention.
Ukraine
16-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine - the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against the Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above Conventions, as applied to the aforementioned occupied and uncontrolled
territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the Conventions regarding the possibility of direct communication
or interaction do not apply to the territorial organs of Ukraine in the Autonomous
Republic of Crimea and the city of Sevastopol, as well as in certain districts of
the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control
of Ukraine. The procedure of the relevant communication is determined by the central
authorities of Ukraine in Kyiv.
09-03-2022
In view of the ongoing aggression of the Russian Federation against Ukraine, Ukraine hereby informs the Depositary […] of the inability to guarantee the fulfilment by the Ukrainian side of obligations [under the above Convention] to the full extent for the period of the armed aggression of the Russian Federation and the martial law in place in the territory of Ukraine until complete termination of the encroachment upon the sovereignty, territorial integrity and inviolability of Ukraine.
01-12-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with
the exception of the territories where hostilities are (were) conducted or temporarily
occupied by the Russian Federation, on which it is impossible to fully guarantee the
Ukrainian Party's fulfillment of its obligations under [this treaty] as a result of
the armed aggression of the Russian Federation against Ukraine, as well as the introduction
of martial law on the territory of Ukraine until the complete cessation of encroachment
on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
United Kingdom
20-05-1986
[...], in accordance with the provisions of Article 42 of the Convention, the United
Kingdom declares that it shall not be bound to assume any costs referred to in the
second paragraph of Article 26 of the Convention resulting from the participation
of legal counsel or advisers or from court proceedings, except insofar as those costs
may be covered by its system of legal aid and advice.
In accordance with Article 39 of the Convention, the United Kingdom will
notify the depositary in due course of the territories for the international relations
of which it is responsible, to which the Convention is to be extended.
02-11-1992
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State declaring its acceptance of the accession, amendments will have been made to the United Kingdom municipal law in order to give effect to the Convention between it and the Republic of Poland as of 1 November 1992 when the Convention enters into force for the Republic of Poland.
18-01-1993
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State declaring its acceptance of the accession, amendments will have been made to the United Kingdom municipal law in order to give effect to the Convention between it and Monaco as of 1 February 1993 when the Convention enters into force for Monaco.
18-01-1993
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State declaring its acceptance of the accession, amendments will have been made to the United Kingdom municipal law in order to give effect to the Convention between it and Romania as of 1 February 1993 when the Convention enters into force for Romania.
02-06-1993
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State declaring its acceptance of the accession, amendments will have been made to the United Kingdom municipal law in order to give effect to the Convention between it and the Republic of Mauritius as of 1 June 1993 when the Convention enters into force for the Republic of Mauritius.
28-12-1993
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State declaring its acceptance of the accession, amendments will have been made to the United Kingdom municipal law in order to give effect to the Convention between it and the Bahamas as of 1 January 1994 when the Convention enters into force for the Bahamas.
18-02-1994
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State declaring its acceptance of the accession, amendments will have been made to the United Kingdom municipal law in order to give effect to the Convention between it and Honduras as of 1 March 1994 when the Convention enters into force for Honduras.
22-04-1994
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State declaring its acceptance of the accession, amendments will have been made to the United Kingdom municipal law in order to give effect to the Convention between it and Panama as of 1 May 1994 when the Convention enters into force for Panama.
29-04-1994
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State declaring its acceptance of the accession, amendments will have been made to the United Kingdom municipal law in order to give effect to the Convention between it and Chile as of the 1 May 1994 when the Convention enters into force for Chile.
26-05-1994
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State declaring its acceptance of the accession, amendments will have been made to the United Kingdom municipal law in order to give effect to the Convention between it and Slovenia as of the 1 June 1994 when the Convention enters into force for Slovenia.
27-07-1994
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention between the acceding State and the State declaring its acceptance of the accession, amendments will have been made to the United Kingdom municipal law in order to give effect to the Convention between it and Saint Christopher and Nevis as of 1 August 1994 when the Convention enters into force for Saint Christopher and Nevis.
13-01-1995
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State that has declared its acceptance of the accession, the municipal law of the United Kingdom will be amended with effect from 1 February 1995 to give effect to the provisions of the Convention between it and Cyprus from the date the Convention enters into force for Cyprus.
03-07-1995
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State that has declared its acceptance of the accession, the municipal law of the United Kingdom will be amended with effect from 1 July 1995 to give effect to the provisions of the Convention between it and Zimbabwe from the date the Convention enters into force for Zimbabwe.
17-09-1996
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State that has declared its acceptance of the accession, the municipal law of the United Kingdom was amended with effect from 1 March 1996 to give effect to the provisions of the Convention between it and Colombia from the date the Convention enters into force for Colombia.
29-10-1996
Notwithstanding the provisions of the said Article 38 regarding entry into force of the Convention as between the acceding State and the State that has declared its acceptance of the accession, the municipal law of the United Kingdom was amended with effect from 1 November 1996 to give effect to the provisions of the Convention between it and Iceland from the date the Convention enters into force for Iceland.
16-06-1997
I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign
and Commonwealth Affairs to refer to the Convention on the Civil Aspects of International
Child Abduction done at the Hague on 25 October 1980 (hereinafter referred to as the
Convention) which applies to Hong Kong at present.
I am also instructed to state that, in accordance with the Joint Declaration of the
Government of the United Kingdom of Great Britain and Northern Ireland and the Government
of the People's Republic of China on the Question of Hong Kong signed on 19 December
1984. the Government of the United Kingdom will restore Hong Kong to the People's
Republic of China with effect from 1 July 1997.
The Government of the United Kingdom will continue to have international responsibility
for Hong Kong until that date. Therefore, from that date the Government of the United
Kingdom will cease to be responsible for the international rights and obligations
arising from the application of the Convention to Hong Kong.
18-09-1997
[...], notwithstanding the provisions of the said Article, the United Kingdom accepts the accession of South Africa and Georgia with effect from 1 October 1997.
25-03-1998
[Extension of the Convention to the Falkland Islands, South Georgia and the South Sandwich Islands.]
Objection Argentina, 30-05-1998
In that respect, the Argentine Republic rejects the extension of the application of
the Convention on the Civil Aspects of International Child Abduction, done at The
Hague on 25th. October 1980, to the Malvinas, South Georgia and South Sandwich Islands,
notified by the United Kingdom of Great Britain and Northern Ireland to the Government
of the Netherlands as Depositary of the Convention.
The General Assembly of the United Nations has adopted resolutions 2065 (XX), 3160
(XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21 and 41/40 which recognize the existence
of a dispute over sovereignty relating to archipelago, urging the Argentine Republic
and the United Kingdom of Great Britain and Northern Ireland to resume negotiations
in order to find as soon as possible a peaceful and definitive solution to the dispute
through the good offices of the Secretary-General of the United Nations, who is to
report to the General Assembly on the progress made.
The Argentine Republic reaffirms its sovereign rights over the Malvinas, South Georgia
and South Sandwich Islands and its surrounding maritime areas, which form an integral
part of its National territory.
Objection Argentina, 13-07-1998
On May 30., the Argentine Republic communicated to the Government of the Kingdom of
the Netherlands [...], as Depositary of the Convention on the Civil Aspects of International
Child Abduction, its rejection of the extension of the application of the said Convention
to the Malvinas Islands as notified by the Kingdom of Great Britain and Northern Ireland.
As a consequence of the said rejection, the Argentine Republic disavows the designation,
by the United Kingdom, of the illegitimate government of the Malvinas Islands as central
authority, as well as any other act which derives or could derive from the illegitimate
extension to the Malvinas Islands.
The Argentine Republic reaffirms its sovereign rights over the Malvinas, South Georgia
and South Sandwich Islands and its surrounding maritime areas, which form an integral
part of its national territory.
22-07-1998
With reference to the declaration made by the Republic of Argentina rejecting the extension of the Convention to the Falkland Islands, South Georgia and the South Sandwich Islands, the position of the United Kingdom is well known and remains unchanged. The United Kingdom has no doubt about its sovereignty over the Falkland Islands (which is the correct title for the territory recognised by the Administering Power), and over South Georgia and the South Sandwich Islands and its consequent right to extend treaties to them.
United States of America
29-04-1988
Pursuant to the second paragraph of Article 24, and Article 42, the United States
makes the following reservation: All applications, communications and other documents
sent to the U.S. Central Authority should be accompanied by their translation into
English.
Pursuant to the third paragraph of Article 26, the United States declares that it
will not be bound to assume any costs or expenses resulting from the participation
of legal counsel or advisers or from court and legal proceedings in connection with
efforts to return children from the United States pursuant to the Convention except
insofar as those costs or expenses are covered by a legal aid program.
Uzbekistan
31-05-1999
The Republic of Uzbekistan shall not be bound to assume any costs referred to in the paragraph 2 of the article 26 and resulting from the participation of legal counsel or from court proceedings.
Venezuela
16-10-1996
All communications to the Central Authority should be drawn up in the Spanish language.
The Republic of Venezuela is not bound to assume any costs referred to in Article
26, pragraph 3.
Objection Finland, 24-02-1997
The Government of Finland are unable to accept these reservations in so far as they
are incompatible with Article 24, paragraph 2, Article 26, paragraph 3 and Article
42, paragraph 1 of the Convention.
According to Article 24, paragraph 1, any application, communication or other document
sent to the Central Authority shall be in the original language, and shall be accompanied
by a translation into the official language or one of the official languages of the
requested State or, where that is not feasible, a translation into French or English.
Under Article 24, paragraph 2, a Contracting State may, by making a reservation, object
the use of either French or English, but not both, in any application, communication
or other document sent to its Central Authority. Having regard to the wording and
the purpose of this provision the Finnish Government consider that the reservation
made by the Republic of Venezuela, which excludes the use of both French and English
languages in cases where it is not feasible to obtain a translation of the document
into Spanish, is not allowed under Article 24, paragraph 2 and Article 42, paragraph
1.
In addition, the reservation seems to require that all communications, even the original
documents transmitted to the Venezuelan Central Authority shall be in the Spanish
language wheras under Article 24, paragraph 1 the documents shall be in the original
language and, in addition, accompanied by a translation into the official language
or official languages of the State addressed (or, where that, i.e. translation, is
not feasible, into French or English). Such a requirement, implicit in the reservation,
is not only incompatible with Article 24 but also in most cases impossible to comply
with in cases where the original documents which under paragraph 1 shall be sent to
the State addressed have not been drawn up in Spanish.
According to Article 26, paragraph 3, a Contracting State may make a reservation not
to be bound to assume any costs referred to in paragraph 2 resulting from the participation
of legal counsel or advisers or from court proceedings, except insofar as those costs
may be covered by its system of legal aid and advice. However, the reservation by
the Republic of Venezuela seems to indicate that in the application of the Convention
Venezuela would not assume any costs referred to above, under any circumstances and
not even in cases where those costs might be covered by the Venezuelan system of legal
aid and advice, if available. The Finnish Government consider that such a reservation
is incompatible with Article 26, paragraph 3 and Article 42, paragraph 1 of the Convention.
In conclusion, the Finnish Government declare that in relation to Finland these reservations
may not be invoked by the authorities of the Republic of Venezuela in so far as this
would be incompatible with the aforementioned provisions of the Convention.
This declaration is not to be interpreted as preventing the entry into force of the
Convention between Finland and the Republic of Venezuela.
Objection Germany, 15-04-1997
The reservation made by Venezuela is taken by the Federal Government to mean that persons eligible for legal aid who enter an application pursuant to the above-mentioned Convention may invoke the provisions laid down in the Venezuelan code of civil procedure as generally applicable to such persons, namely that free access to the courts and to legal counsel is also guaranteed in respect of proceedings pursuant to the Convention.
Zimbabwe
04-04-1995
[...] subject to the reservation that the costs mentioned in the second paragraph of Article 26 of the Aforesaid Convention shall not be borne by the State.