CONVENTION ON THE
  SERVICE ABROAD OF JUDICIAL
  AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS
  The States signatory to the
  present Convention,
  Desiring to create appropriate
  means to ensure that judicial and extrajudicial documents to be
  served abroad shall be brought to the notice of the addressee in
  sufficient time,
  Desiring to improve the
  organisation of mutual judicial assistance for that purpose by
  simplifying and expediting the procedure,
  Have resolved to conclude a
  Convention to this effect and have agreed upon the following
  provisions:
  Article 1
  The present Convention shall apply
  in all cases, in civil or commercial matters, where there is
  occasion to transmit a judicial or extrajudicial document for
  service abroad.
  This Convention shall not apply
  where the address of the person to be served with the document is
  not known.
  CHAPTER I -
  JUDICIAL DOCUMENTS
  Article 2
  Each Contracting State shall
  designate a Central Authority which will undertake to receive
  requests for service coming from other Contracting States and to
  proceed in conformity with the provisions of Articles 3 to 6.
  Each State shall organise the
  Central Authority in conformity with its own law.
  Article 3
  The authority or judicial officer
  competent under the law of the State in which the documents
  originate shall forward to the Central Authority of the State
  addressed a request conforming to the model annexed to the
  present Convention, without any requirement of legalisation or
  other equivalent formality.
  The document to be served or a
  copy thereof shall be annexed to the request. The request and the
  document shall both be furnished in duplicate.
  Article 4
  If the Central Authority considers
  that the request does not comply with the provisions of the
  present Convention it shall promptly inform the applicant and
  specify its objections to the request.
  Article 5
  The Central Authority of the State
  addressed shall itself serve the document or shall arrange to
  have it served by an appropriate agency, either -
  a) by a method prescribed
  by its internal law for the service of documents in domestic
  actions upon persons who are within its territory, or
  b) by a particular method
  requested by the applicant, unless such a method is incompatible
  with the law of the State addressed.
  Subject to sub-paragraph
  (b) of the first paragraph of this Article, the document
  may always be served by delivery to an addressee who accepts it
  voluntarily.
  If the document is to be served
  under the first paragraph above, the Central Authority may
  require the document to be written in, or translated into, the
  official language or one of the official languages of the State
  addressed.
  That part of the request, in the
  form attached to the present Convention, which contains a summary
  of the document to be served, shall be served with the
  document.
  Article 6
  The Central Authority of the State
  addressed or any authority which it may have designated for that
  purpose, shall complete a certificate in the form of the model
  annexed to the present Convention.
  The certificate shall state that
  the document has been served and shall include the method, the
  place and the date of service and the person to whom the document
  was delivered. If the document has not been served, the
  certificate shall set out the reasons which have prevented
  service.
  The applicant may require that a
  certificate not completed by a Central Authority or by a judicial
  authority shall be countersigned by one of these authorities.
  The certificate shall be forwarded
  directly to the applicant.
  Article 7
  The standard terms in the model
  annexed to the present Convention shall in all cases be written
  either in French or in English. They may also be written in the
  official language, or in one of the official languages, of the
  State in which the documents originate.
  The corresponding blanks shall be
  completed either in the language of the State addressed or in
  French or in English.
  Article 8
  Each Contracting State shall be
  free to effect service of judicial documents upon persons abroad,
  without application of any compulsion, directly through its
  diplomatic or consular agents.
  Any State may declare that it is
  opposed to such service within its territory, unless the document
  is to be served upon a national of the State in which the
  documents originate.
  Article 9
  Each Contracting State shall be
  free, in addition, to use consular channels to forward documents,
  for the purpose of service, to those authorities of another
  Contracting State which are designated by the latter for this
  purpose.
  Each Contracting State may, if
  exceptional circumstances so require, use diplomatic channels for
  the same purpose.
  Article 10
  Provided the State of destination
  does not object, the present Convention shall not interfere with
  -
  a) the freedom to send
  judicial documents, by postal channels, directly to persons
  abroad,
  b) the freedom of judicial
  officers, officials or other competent persons of the State of
  origin to effect service of judicial documents directly through
  the judicial officers, officials or other competent persons of
  the State of destination,
  c) the freedom of any
  person interested in a judicial proceeding to effect service of
  judicial documents directly through the judicial officers,
  officials or other competent persons of the State of
  destination.
  Article 11
  The present Convention shall not
  prevent two or more Contracting States from agreeing to permit,
  for the purpose of service of judicial documents, channels of
  transmission other than those provided for in the preceding
  Articles and, in particular, direct communication between their
  respective authorities.
  Article 12
  The service of judicial documents
  coming from a Contracting State shall not give rise to any
  payment or reimbursement of taxes or costs for the services
  rendered by the State addressed.
  The applicant shall pay or
  reimburse the costs occasioned by-
  a) the employment of a
  judicial officer or of a person competent under the law of the
  State of destination,
  b) the use of a particular
  method of service.
  Article 13
  Where a request for service
  complies with the terms of the present Convention, the State
  addressed may refuse to comply therewith only if it deems that
  compliance would infringe its sovereignty or security.
  It may not refuse to comply solely
  on the ground that, under its internal law, it claims exclusive
  jurisdiction over the subject-matter of the action or that its
  internal law would not permit the action upon which the
  application is based.
  The Central Authority shall, in
  case of refusal, promptly inform the applicant and state the
  reasons for the refusal.
  Article 14
  Difficulties which may arise in
  connection with the transmission of judicial documents for
  service shall be settled through diplomatic channels.
  Article 15
  Where a writ of summons or an
  equivalent document had to be transmitted abroad for the purpose
  of service, under the provisions of the present Convention, and
  the defendant has not appeared, judgment shall not be given until
  it is established that -
  a) the document was served
  by a method prescribed by the internal law of the State addressed
  for the service of documents in domestic actions upon persons who
  are within its territory, or
  b) the document was
  actually delivered to the defendant or to his residence by
  another method provided for by this Convention,
  and that in either of these cases
  the service or the delivery was effected in sufficient time to
  enable the defendant to defend.
  Each Contracting State shall be
  free to declare that the judge, notwithstanding the provisions of
  the first paragraph of this Article, may give judgment even if no
  certificate of service or delivery has been received, if all the
  following conditions are fulfilled-
  a) the document was
  transmitted by one of the methods provided for in this
  Convention,
  b) a period of time of not
  less than six months, considered adequate by the judge in the
  particular case, has elapsed since the date of the transmission
  of the document,
  c) no certificate of any
  kind has been received, even though every reasonable effort has
  been made to obtain it through the competent authorities of the
  State addressed.
  Notwithstanding the provisions of
  the preceding paragraphs the judge may order, in case of urgency,
  any provisional or protective measures.
  Article 16
  When a writ of summons or an
  equivalent document had to be transmitted abroad for the purpose
  of service, under the provisions of the present Convention, and a
  judgment has been entered against a defendant who has not
  appeared, the judge shall have the power to relieve the defendant
  from the effects of the expiration of the time for appeal from
  the judgment if the following conditions are fulfilled -
  a) the defendant, without
  any fault on his part, did not have knowledge of the document in
  sufficient time to defend, or knowledge of the judgment in
  sufficient time to appeal, and
  b) the defendant has
  disclosed a prima facie defence to the action on the
  merits.
  An application for relief may be
  filed only within a reasonable time after the defendant has
  knowledge of the judgment.
  Each Contracting State may declare
  that the application will not be entertained if it is filed after
  the expiration of a time to be stated in the declaration, but
  which shall in no case be less than one year following the date
  of the judgment.
  This Article shall not apply to
  judgments concerning status or capacity of persons.
  CHAPTER II -
  EXTRAJUDICIAL
  DOCUMENTS
  Article 17
  Extrajudicial documents emanating
  from authorities and judicial officers of a Contracting State may
  be transmitted for the purpose of service in another Contracting
  State by the methods and under the provisions of the present
  Convention.
  CHAPTER III -
  GENERAL CLAUSES
  Article 18
  Each Contracting State may
  designate other authorities in addition to the Central Authority
  and shall determine the extent of their competence.
  The applicant shall, however, in
  all cases, have the right to address a request directly to the
  Central Authority.
  Federal States shall be free to
  designate more than one Central Authority.
  Article 19
  To the extent that the internal
  law of a Contracting State permits methods of transmission, other
  than those provided for in the preceding Articles, of documents
  coming from abroad, for service within its territory, the present
  Convention shall not affect such provisions.
  Article 20
  The present Convention shall not
  prevent an agreement between any two or more Contracting States
  to dispense with -
  a) the necessity for
  duplicate copies of transmitted documents as required by the
  second paragraph of Article 3,
  b) the language
  requirements of the third paragraph of Article 5 and Article
  7,
  c) the provisions of the
  fourth paragraph of Article 5,
  d) the provisions of the
  second paragraph of Article 12.
  Article 21
  Each Contracting State shall, at
  the time of the deposit of its instrument of ratification or
  accession, or at a later date, inform the Ministry of Foreign
  Affairs of the Netherlands of the following -
  a) the designation of
  authorities, pursuant to Articles 2 and 18,
  b) the designation of the
  authority competent to complete the certificate pursuant to
  Article 6,
  c) the designation of the
  authority competent to receive documents transmitted by consular
  channels, pursuant to Article 9.
  Each Contracting State shall
  similarly inform the Ministry, where appropriate, of -
  a) opposition to the use of
  methods of transmission pursuant to Articles 8 and 10,
  b) declarations pursuant to
  the second paragraph of Article 15 and the third paragraph of
  Article 16,
  c) all modifications of the
  above designations, oppositions and declarations.
  Article 22
  Where Parties to the present
  Convention are also Parties to one or both of the Conventions on
  civil procedure signed at The Hague on 17th July 1905, and on 1st
  March 1954, this Convention shall replace as between them
  Articles 1 to 7 of the earlier Conventions.
  Article 23
  The present Convention shall not
  affect the application of Article 23 of the Convention on civil
  procedure signed at The Hague on 17th July 1905, or of Article 24
  of the Convention on civil procedure signed at The Hague on 1st
  March 1954.
  These Articles shall, however,
  apply only if methods of communication, identical to those
  provided for in these Conventions, are used.
  Article 24
  Supplementary agreements between
  Parties to the Conventions of 1905 and 1954 shall be considered
  as equally applicable to the present Convention, unless the
  Parties have otherwise agreed.
  Article 25
  Without prejudice to the
  provisions of Articles 22 and 24, the present Convention shall
  not derogate from Conventions containing provisions on the
  matters governed by this Convention to which the Contracting
  States are, or shall become, Parties.
  Article 26
  The present Convention shall be
  open for signature by the States represented at the Tenth Session
  of the Hague Conference on Private International Law.
  It shall be ratified, and the
  instruments of ratification shall be deposited with the Ministry
  of Foreign Affairs of the Netherlands.
  Article 27
  The present Convention shall enter
  into force on the sixtieth day after the deposit of the third
  instrument of ratification referred to in the second paragraph of
  Article 26.
  The Convention shall enter into
  force for each signatory State which ratifies subsequently on the
  sixtieth day after the deposit of its instrument of
  ratification.
  Article 28
  Any State not represented at the
  Tenth Session of the Hague Conference on Private International
  Law may accede to the present Convention after it has entered
  into force in accordance with the first paragraph of Article 27.
  The instrument of accession shall be deposited with the Ministry
  of Foreign Affairs of the Netherlands.
  The Convention shall enter into
  force for such a State in the absence of any objection from a
  State, which has ratified the Convention before such deposit,
  notified to the Ministry of Foreign Affairs of the Netherlands
  within a period of six months after the date on which the said
  Ministry has notified it of such accession.
  In the absence of any such
  objection, the Convention shall enter into force for the acceding
  State on the first day of the month following the expiration of
  the last of the periods referred to in the preceding
  paragraph.
  Article 29
  Any State may, at the time of
  signature, ratification or accession, declare that the present
  Convention shall extend to all the territories for the
  international relations of which it is responsible, or to one or
  more of them. Such a declaration shall take effect on the date of
  entry into force of the Convention for the State concerned.
  At any time thereafter, such
  extensions shall be notified to the Ministry of Foreign Affairs
  of the Netherlands.
  The Convention shall enter into
  force for the territories mentioned in such an extension on the
  sixtieth day after the notification referred to in the preceding
  paragraph.
  Article 30
  The present Convention shall
  remain in force for five years from the date of its entry into
  force in accordance with the first paragraph of Article 27, even
  for States which have ratified it or acceded to it
  subsequently.
  If there has been no denunciation,
  it shall be renewed tacitly every five years.
  Any denunciation shall be notified
  to the Ministry of Foreign Affairs of the Netherlands at least
  six months before the end of the five year period.
  It may be limited to certain of
  the territories to which the Convention applies.
  The denunciation shall have effect
  only as regards the State which has notified it. The Convention
  shall remain in force for the other Contracting States.
  Article 31
  The Ministry of Foreign Affairs of
  the Netherlands shall give notice to the States referred to in
  Article 26, and to the States which have acceded in accordance
  with Article 28, of the following -
  a) the signatures and
  ratifications referred to in Article 26;
  b) the date on which the
  present Convention enters into force in accordance with the first
  paragraph of Article 27;
  c) the accessions referred
  to in Article 28 and the dates on which they take effect;
  d) the extensions referred
  to in Article 29 and the dates on which they take effect;
  e) the designations,
  oppositions and declarations referred to in Article 21;
  f) the denunciations
  referred to in the third paragraph of Article 30.
  In witness whereof the
  undersigned, being duly authorised thereto, have signed the
  present Convention.
  Done at The Hague, on the 15th day
  of November, 1965, in the English and French languages, both
  texts being equally authentic, in a single copy which shall be
  deposited in the archives of the Government of the Netherlands,
  and of which a certified copy shall be sent, through the
  diplomatic channel, to each of the States represented at the
  Tenth Session of the Hague Conference on Private International
  Law.
   
  REQUEST FOR SERVICE ABROAD OF
  JUDICIAL OR EXTRAJUDICIAL DOCUMENTS
  Convention on the Service Abroad
  of Judicial and Extrajudicial Documents in Civil or Commercial
  Matters, signed at The Hague, the 15th of November 1965
  
    
      | 
         Identity and address of the
        applicant 
       | 
       | 
      
         Address of receiving
        authority 
       | 
    
  
   
  The undersigned applicant has the
  honour to transmit - in duplicate - the documents listed below
  and, in conformity with Article 5 of the above-mentioned
  Convention, requests prompt service of one copy thereof on the
  addressee, i.e, 
  (identity and address)
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ………………………………………………………………………………….………………………
  a) in accordance with the
  provisions of sub-paragraph (a) of the first paragraph of
  Article 5 of the Convention*.
  ...
  b) in accordance with the
  following particular method (sub-paragraph (b) of the
  first paragraph of Article 5)*:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  c) by delivery to the
  addressee, if he accepts it voluntarily (second paragraph of
  Article 5)*.
  The authority is requested to
  return or to have returned to the applicant a copy of the
  documents - and of the annexes* - with a certificate as provided
  on the reverse side.
  List of
  documents
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  Done at………….… , the ……
  Date……………………
  Signature and stamp
  * Delete if inappropriate
   
  CERTIFICATE
  The undersigned authority has the
  honour to certify, in conformity with Article 6 of the
  Convention,
  1) that the document has been
  served*
  • the (date)
  
  ……………………………………………………………….…………………………………
  • at (place, street, number)
  
  ……………………………………………………………….…………………………………
  
  ……………………………………………………………….………………………………….
  - in one of the following methods
  authorised by Article 5:
  a) in accordance with the
  provisions of sub-paragraph (a) of the first paragraph of
  Article 5 of the Convention*.
  b) in accordance with the
  following particular method*:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  c) by delivery to the
  addressee, who accepted it voluntarily* .
   
  The documents referred to in the
  request have been delivered to:
  • (identity and description of
  person)
  
  ……………………………………………………………….…………………………………
  
  ……………………………………………………………….…………………………………
  
  ……………………………………………………………….…………………………………
  • relationship to the addressee
  (family, business or other):
  
  ……………………………………………………………….…………………………………
  
  ……………………………………………………………….…………………………………
  
  ……………………………………………………………….…………………………………
  2) that the document has not been
  served, by reason of the following facts*:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  In conformity with the second
  paragraph of Article 12 of the Convention, the applicant is
  requested to pay or reimburse the expenses detailed in the
  attached statement*.
   
   
  Annexes
  Documents returned:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  In appropriate cases, documents
  establishing the service:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  Done at …………, the ………
  Date………………….
  Signature and stamp
  * Delete if inappropriate
   
  SUMMARY OF THE DOCUMENT TO BE
  SERVED
  Convention on the Service Abroad
  of Judicial and Extrajudicial Documents in Civil or Commercial
  Matters, signed at The Hague, the 15th of November 1965.
   
  (Article 5, fourth paragraph)
  Identity and
  address of the addressee:
  
   
   
  
   
  
  IMPORTANT
  THE ENCLOSED
  DOCUMENT IS OF A LEGAL NATURE AND MAY AFFECT YOUR RIGHTS AND
  OBLIGATIONS. THE 'SUMMARY OF THE DOCUMENT TO BE SERVED' WILL GIVE
  YOU SOME INFORMATION ABOUT ITS NATURE AND PURPOSE. YOU SHOULD
  HOWEVER READ THE DOCUMENT ITSELF CAREFULLY. IT MAY BE NECESSARY
  TO SEEK LEGAL ADVICE.
  IF YOUR
  FINANCIAL RESOURCES ARE INSUFFICIENT YOU SHOULD SEEK INFORMATION
  ON THE POSSIBILITY OF OBTAINING LEGAL AID OR ADVICE EITHER IN THE
  COUNTRY WHERE YOU LIVE OR IN THE COUNTRY WHERE THE DOCUMENT WAS
  ISSUED.
  ENQUIRIES ABOUT THE AVAILABILITY
  OF LEGAL AID OR ADVICE IN THE COUNTRY WHERE THE DOCUMENT WAS
  ISSUED MAY BE DIRECTED TO:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
   
  It is
  recommended that the standard terms in the notice be written in
  English and French and where appropriate also in the official
  language, or one of the official languages of the State in which
  the document originated. The blanks could be completed either in
  the language of the State to which the documents is to be sent,
  or in English or French.
  Name and address of the requesting
  authority:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  Particulars of the parties*:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
   
  JUDICIAL DOCUMENT**
  Nature and purpose of the
  document:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  Nature and purpose of the
  proceedings and, where appropriate, the amount in dispute:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  Date and place for entering
  appearance**:
  
  :……………………………………………………………….………………………………………...
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  Court which has given
  judgment**:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  Date of judgment**:
  
  ……………………………………………………………….…………………………………………
  Time-limits stated in the
  document**:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
   
  EXTRAJUDICIAL DOCUMENT**
  Nature and purpose of the
  document:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  Time-limits stated in the
  document**:
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  
  ……………………………………………………………….…………………………………………
  * If appropriate, identity and
  address of the person interested in the transmission of the
  document.
  ** Delete if inappropriate