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Overseas Judicial Information
Overseas Judicial Information
Saturday, 08 March 2008 05:54
Overseas Judicial Information >>

Authentication of American Academic Credentials for Use Abroad >> U.S. embassies and consulates cannot authenticate diplomas or other documents from universities and other schools in the United States or provide notarial services related to such credentials.

 

Authentication of Documents for Use Abroad >> State Authentication Authorities

 

Child Support Enforcement Abroad >> When one parent is in a foreign country, finding a way to enforce a U.S. child support order overseas can be a daunting prospect. This U.S. Department of State, Bureau of Consular Affairs home page feature walks you through the process step-by-step.

 

Divorce Overseas >> A divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity provided both parties to the divorce received adequate notice, i.e., service of process and, generally, provided one of the parties was a domiciliary in the foreign nation at the time of the divorce.

 

Enforcement of Judgments >> There is no bilateral treaty or multilateral international convention in force between the United States and any other country on reciprocal recognition and enforcement of judgments. Although there are many reasons for the absence of such agreements, a principal stumbling block appears to be the perception of many foreign states that U.S. money judgments are excessive according to their notions of liability.

 

Foreign Sovereign Immunities Act >> Foreign Sovereign Immunities Act of l976, limits the role of the Executive branch in suits against foreign governments and governmental entities by precluding the Department of State from making decisions on state immunity.

 

Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents >> It specifies the modalities through which a document issued in one of the signatory countries can be certified for legal purposes in all the other signatory states. Such a certification is called an apostille. It is an international certification comparable to a notarisation and is often added to documents that have been in some manner signed by a Notary, lawyer or other public official such as the clerk of a court of record in their official capacity.

 

Hague Convention on the Service Abroad of Judicial and Extra - Judicial Documents in Civil and Commercial Matters >> It allows service of judicial documents from one signatory state to another without recourse to consular and diplomatic channels.

 

Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters >> It allows transmission of Letters Rogatory for the purpose of obtaining evidence from one signatory state to another without recourse to consular and diplomatic channels.

 

Host Country Clearance: Travel of U.S. Government Officials Abroad Regarding International Judicial Assistance >> Formal host country clearance is required by most foreign countries for U.S. federal, state or local officials to conduct judicial assistance activities abroad. This includes taking depositions, interviews, inspections, etc.

 

Inter>>American Convention on Letters Rogatory and Additional Protocol >> The United States has a treaty relationship only with countries which are a party to the Convention and the Additional Protocol. The treaty provides a mechanism for service of documents by a foreign central authority. Requests are prepared on a Convention form and transmitted via the U.S. Central Authority in the Department of Justice.

 

Marriage Abroad >> As a rule, marriages are not performed on the premises of an American embassy or consulate. The validity of marriages abroad is not dependent upon the presence of an American diplomatic or consular officer, but upon adherence to the laws of the country where the marriage is performed.

 

Mutual Legal Assistance and Other Agreements >> (Can the country you go to extradite you back to the country you left?) Foreign Service officers are prohibited by Federal regulations (22 CFR 92.85) from serving process on behalf of private litigants or appointing others to do so, state law notwithstanding.

 

Performance of Notary Functions Abroad by American Notaries >> The performance of the functions of a notary public abroad for documents intended for use in the United States is governed generally by multilateral and bilateral treaties, Federal law and regulation and by the laws of the foreign country. Notarizing a document outside the United States may be a violation of the laws of the foreign country, unless the notarizing officer is specifically authorized by local (foreign) law or applicable international treaty.

 

Preparation of Letters Rogatory >> A letter rogatory is a formal request from a court in one country to "the appropriate judicial authorities" in another country requesting compulsion of testimony or documentary or other evidence or effect service of process.

 

Retaining a Foreign Attorney >> 22 CFR 92.82 provides that Foreign Service officers shall refrain from recommending a particular foreign attorney, but may furnish names of several attorneys, or refer inquiries to foreign law directories, bar associations or other organizations.

 

Service of Legal Documents Abroad >> Foreign Service officers are prohibited by Federal regulations (22 CFR 92.85) from serving process on behalf of private litigants or appointing others to do so, state law notwithstanding.

 

You can visit the State Department Authentications Office for more information >> The Department of State, Authentications Office is responsible for signing and issuing certificates under the Seal of the U.S. Department of Sate (22 CFR, Part 131) providing authentication services to U.S. citizens and foreign nationals on documents that will be used overseas. This office receives a variety of documents from commercial organizations, private citizens, and officials of the Federal and State governments. Documents include but not limited to: company bylaws, powers of attorney, trademarks, diplomas, transcripts, distributorship agreements, articles of incorporation, good standing certificates, home studies, letters of reference etc. It also ensures that the requested information will serve in the interest of justice and is not contrary to U.S. policy.


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