Deklarationen
Vorbehalte

Artikel: 4,8,16,17,18,23,24,2

(...) in accordance with the provisions of Article 4 and Article 33 of the Convention, the Cayman Islands will not accept a Letter of Request in French.

In accordance with Article 35 of the Convention the following designations have been made:

(a) under Articles 16 and 17 of the Convention, the Attorney General is designated as the competent authority for the Cayman Islands;
(b) under Article 18 of the Convention, the Clerk of the Grand Court is designated as the competent authority;
(c) under Article 24 of the Convention, His Excellency the Governor is designated as an additional authority competent to receive Letters of Request for execution in the Cayman Islands.

Furthermore the following declarations have been made:

1) In accordance with Article 8, members of the judicial personnel of the requesting authority may be present at the execution of a Letter of Request in the Cayman Islands.
2) In accordance with Article 18, a diplomatic officer, consular agent or commissioner authorized to take evidence under Articles 15, 16 and 17 of the Convention may apply to the competent authority in the Cayman Islands designated hereinbefore for appropriate assistance to obtain such evidence by compulsion provided that the Contracting State whose diplomatic officer, consular agent or commissioner makes the application has made a declaration affording reciprocal facilities under Article 18.
3) In accordance with Article 23, the Cayman Islands will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents. The Government of the Cayman Islands understand "Letters of Request issued for the purpose of obtaining pre-trial discovery of documents" for the purposes of the foregoing Declaration as including any Letter of Request which requires a person:

(a) to state what documents relevant to the proceedings to which the Letters of Request relates are, or have been, in his possession, custody or power; or
(b) to produce any documents other than particular documents specified in the Letter of Request as being documents appearing to the requested court to be, or likely to be, in his possession, custody or power.

4) In accordance with Article 27, by the law and practice of the Cayman Islands the prior permission referred to in Article 16 and 17 of the Convention is not required in respect of diplomatic officers, consular agents or commissioners of a Contracting State which does not require permission to be obtained for the purposes of taking evidence under Articles 16 or 17.