Declarations
Reservations
Articles: 2,4,8,15-17,21,23
Reservation:
09-04-2014
(Translation)
Pursuant to Article 4, paragraph 2, it will only accept Letters of Request drawn up in the Catalan, Spanish or French languages or accompanied by a translation into one of these languages.
Declarations:
09-04-2014
(Translation)
1. The Principality of Andorra designates the Ministry of Justice as the Central Authority provided for in Article 2 and the authority competent to authorize the members of the judicial personnel of the requesting authority to be present at the execution of a Letter of Request in accordance with Article 8:
Postal address:
Ministry of Social Affairs, Justice and Interior
Edifici administratiu de l’Obac
Ctra. de l'Obac
AD700 Escaldes-Engordany
Principality of Andorra
Tel. : +376 872 080
Fax : +376 864 950
Email: interior_gov@andorra.ad
2. Pursuant to Article 15, paragraph 2, evidence may be taken by diplomatic officers or consular agents only with the prior permission of the Central Authority.
3. Pursuant to Articles 16 and 17, the Central Authority is designated as the competent authority to permit, where applicable:
- the diplomatic officers or consular agents of a Contracting State, to take evidence, without
compulsion, involving persons other than nationals of that State in aid of proceedings commenced in the courts of the State which they represent;
- the persons duly appointed as commissioners, to take evidence, without compulsion, in aid of proceedings commenced in the courts of a Contracting State.
This permission, which will be on a case-by-case basis, is subject, if necessary, to special conditions and must be subject to the following general conditions:
a) the taking of evidence must take place exclusively on the premises of the diplomatic or consular representations if they are located in the Andorran territory or at the place decided by the Central Authority in the other cases;
b) the date and time of the taking of evidence must be notified in good time to the Central Authority to enable it to be represented;
c) a request to persons to appear or to give evidence shall be drawn up in the Catalan language or accompanied by a translation into such language. This request shall mention that the investigation is carried out in accordance with the provisions of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters and shall fall within the scope of a judicial proceeding before a designated court of the requesting State. The request shall also contain the references provided for in Article 21 of the Convention. A copy of the request shall be sent to the Central Authority, who will also be informed of any difficulties.
4. With regard to Article 8, the presence of the members of the judicial personnel of the requesting authority shall be possible only after obtaining the authorization of the Central Authority.
5. Pursuant to Article 23, Letters of Request issued for the procedure known as obtaining pre-trial discovery of documents will not be executed.