The Embassy duly submitted this draft convention to the consideration of
the French Government and is now in receipt of a reply from the French
Foreign Office dated September 24, 1925, stating that before being able
to consider this draft, it required to be furnished with more precise
information on certain points thereof. A copy and translation of this
note is enclosed.
[Enclosure—Translation]
The French Ministry of
Foreign Affairs to the American
Embassy
By a note under date of July 21st last, the Embassy of the United
States was good enough to transmit to the Ministry for Foreign
Affairs a draft of a convention relating to the execution of letters
rogatory.
Before being able to consider this draft, it is advisable first of
all to know precisely what its import will be.
The first article lays down as a general principle:
The present convention applies only to letters rogatory
issued in connection with judicial proceedings, for the
recovery of money or property, and to which the Government
of the United States or the Government of France is a party
or in which they have an interest.
Does this article take in only civil matters, that is, suits in which
the State lays claim to a sum of money or to property in cases
similar to those in which private individuals may do the same?
Example, a person by testament has made a legacy subject to
contestation to the State, which applies to the tribunals to enforce
its rights.
[Page 117]
Does this article take in likewise penal matters? Example, an object
of art has been stolen from a museum.
Finally, will this article be operant in questions of fiscal matters?
Example, a taxpayer is sued for a false return, the proof of which
may be secured by inquiry or search in the other country.
The French Government in a general way would like to know what are
the particular cases in respect to letters rogatory which the
Government of the United States intends to cover by this first
article.
In Article III, paragraph E, it is said: The designations French
court and American court used in the present article signify every
“court of record” throughout the territory over which France or the
United States respectively exercises sovereignty.
It would seem to be necessary to state precisely what tribunals are
thus signified in the United States by the term “court of record”
and what their competence is, in order to find the equivalent term
in French, the French judicial organization differing greatly from
the American judicial organization.
In Article V it is specified that no fees or taxes of any nature
whatsoever 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
petitioned, and which were reasonably necessary to effect execution,
shall be repaid by the authority petitioning.
The execution of letters rogatory requires certain formalities,
subpoenaing of witnesses, indemnification of the latter, expenses of
search, examination, expertise, of which
quite a complete nomenclature can be made. It would seem to be
preferable to decide in a precise way what expenses shall or shall
not be reimbursed.
The Ministry for Foreign Affairs will be greatly obliged to the
Embassy to be good enough to advise it of the views of the
Government of the United States on the questions set forth.
Paris, September 24,
1925.
