The proposed convention is designed to further the interests of justice
by insuring that the courts in territory under the dominion of either
country may obtain from any person resident in territory under the
dominion of the other country testimony which may be deemed essential to
the proper determination of any judicial proceeding which may be
instituted in any of the courts mentioned for the recovery of money or
property to which the Government of the United States or the Government
of France is a party or in which either Government has an interest.
You are accordingly requested to transmit the draft convention with a
statement in the sense of the foregoing to the French Government and to
inquire whether it would be agreeable to that Government to conclude
such a convention with the United States. It would be desirable, if
practicable, that the proposed convention be concluded before the
convening of Congress in December next.
[Enclosure]
Draft of a Convention Relating to Letters
Rogatory
The United States of America and the French Republic, desiring to
provide for the execution in their respective countries of letters
rogatory issued by the competent authorities of the other country,
have decided to conclude a convention for the purpose and have
accordingly nominated as their Plenipotentiaries:
- The President of the United States:
- The President of the French Republic:
Who, having communicated their full powers found in good and due form
have agreed as follows:
Article I
This convention applies only to letters rogatory issued in connection
with judicial proceedings, for the recovery of money or property,
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and to which the
Government of the United States or the Government of France is a
party or in which either government has an interest.
Article II
Each of the High Contracting Parties agrees to execute throughout the
territory over which it exercises dominion as sovereign thereof all
letters rogatory, requiring answers to written interrogatories or
oral examination of the witness as the court issuing the letters may
request, which may be issued by any court described in Article III
of this convention and communicated by the other High Contracting
Party in the manner set forth in Article III.
The judicial authority to whom a letter rogatory is addressed shall,
if necessary, enforce its execution by such compulsory measures as
are commonly employed by such judicial authority, in conformity with
applicable laws, to compel obedience to its mandates.
The authority by whom a letter rogatory is issued shall, upon its
request, be informed of the date when and the place where the
proceedings in execution of the letter shall take place in
sufficient time to enable the party or parties in interest to be
present either in person or by representative.
Article III
- (a)
- Letters rogatory issued by any American court of record for
execution by any French court of record shall be transmitted by
the appropriate officer of the American court to the “Procureur
de la République” within whose jurisdiction the letter rogatory
is to be executed, through the nearest American consular
officer, to whom it shall also be returned, when it shall have
been executed, for transmission to the authority by whom it was
issued.
- (b)
- Letters rogatory issued by any French court of record for
execution by any American court of record shall be transmitted
by the appropriate officer of the French court to the clerk of
the court within whose jurisdiction the letter rogatory is to be
executed, through the nearest French consular officer, to whom
it shall also be returned, when it shall have been executed, for
transmission to the authority by whom it was issued.
- (c)
- Letters rogatory shall be in the language of the country where
they are issued and shall be accompanied by a translation in the
language of the country where they are to be executed.
- (d)
- If the court to which a letter rogatory is addressed is
without jurisdiction to execute it, the letter shall be
forwarded by such court without delay and without any additional
request to the competent authority and the authority by whom it
was issued shall be so
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informed, through the consular officer who transmitted the
letter to the court.
- (e)
- The designations “French court” and “American court” as used
in this Article signify every court of record throughout the
territory over which France or the United States respectively
exercises dominion as sovereign thereof.
Article IV
The execution of a letter rogatory can only be refused:—
- (1)
- If the authenticity of the document is not
established.
- (2)
- If the government of the country in which the letter was
to have been executed considers that its execution would
affect its sovereignty or safety.
Whenever, in accordance with the provisions of this Article, the
execution of a letter rogatory is refused, the authority to whom the
letter is addressed shall immediately so inform the authority by
whom it was issued through the consular officer from whom it was
received stating the reason for such refusal.
Article V
No official fees or taxes of any nature shall be levied by either of
the High Contracting Parties in connection with the transmission or
execution of letters rogatory.
Nevertheless any expenses incurred by the authority of the country
where a letter is executed which were reasonably necessary to effect
its execution shall be repaid by the authority by whom the letter
rogatory was issued.
The repayment of these expenses shall be requested when the documents
establishing the execution of the letter rogatory are transmitted to
the authority by whom the letter was issued.
Any difficulties which may arise in connection with the transmission
or execution of a letter rogatory shall be settled through the
diplomatic channel.
Article VI
The High Contracting Parties agree to make effective the foregoing
provisions by any necessary and appropriate legislative or
administrative action.
Article VII
This convention shall be ratified according to the respective
constitutional forms of the High Contracting Parties and the
ratifications shall be exchanged at Washington.
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The convention will come into force on the date of the exchange of
ratifications and will continue in force until the expiration of one
year from the date of the receipt by either High Contracting Party
of a notice communicated by the other High Contracting Party of its
intention to denounce the convention.