811.04551/10

The Secretary of State to the Ambassador in France (Herrick)

No. 1591

Sir: The Department transmits herewith a draft of a convention relating to letters rogatory which the Government of the United States would be pleased to conclude with the Government of the French Republic if the proposal should be acceptable to that Government.

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.

I am [etc.]

Frank B. Kellogg
[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, [Page 114] 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 [Page 115] 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.

[Page 116]

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.