On the ratification of the Charter of the Hague Conference on Private International Law

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The Law of the Republic of Kazakhstan dated May 16, 2017 No. 66-VI.

 To ratify the Charter of The Hague Conference on Private International Law, adopted in The Hague on October 31, 1951.

President

Republic of Kazakhstan

N. NAZARBAYEV

CHARTER OF THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW1

(Effective July 15, 1955)

The Governments of the following countries:

The Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Italy, Japan, Luxembourg, Norway, the Netherlands, Portugal, the United Kingdom of Great Britain and Northern Ireland, Sweden and Switzerland,

Bearing in mind the ongoing nature of the Hague Conference on Private International Law,

wishing to strengthen this character,

Considering it expedient to provide the Conference with a Charter for this purpose,

have agreed on the following provisions:

____________________

1 The Charter was adopted during the Seventh Session of the Hague Conference on Private International Law on October 31, 1951 and entered into force on July 15, 1955. The amendments were adopted during the Twentieth session on June 30, 2005 (Final Act. C), approved by the members on September 30, 2006 and entered into force on January 1, 2007.

Article 1

The purpose of the Hague Conference on Private International Law is to strive for the progressive unification of the norms of private international law.

Article 2

1. The members of the Hague Conference on Private International Law are States that have already participated in one or more sessions of the Conference and which accept this Charter.

2. Any other State whose participation is legally important for the work of the Conference may become a member of the organization. The admission of new Member States shall be decided by the Governments of the participating States, on a proposal from one or more of them, by a majority vote, within a period of six months from the date on which such a proposal is submitted to the Governments.

3. Admission to membership comes into force from the moment of adoption of this Charter by the interested State.

Article 3

1. The member States of the Conference, at a general affairs and policy meeting attended by a majority of the Member States, may decide by a majority of votes cast to admit as a Member any regional economic integration organization that has submitted an application for membership to the Secretary-General. References to members in accordance with these Articles of Association include such member organizations, unless otherwise expressly provided. Admission to membership takes effect from the moment the Charter is adopted by the interested regional organization for economic integration.

2. In order to be eligible to apply for membership in the Conference, a regional economic integration organization must consist exclusively of sovereign States, and its member States must delegate to it powers on a number of issues within the competence of the Conference, including the right to make decisions imposing obligations on its member States in relation to these issues.

3. Each regional economic integration organization applying for membership must, at the time of submitting such an application, submit a statement of competence, indicating the issues in respect of which it has been delegated authority by its member States.

4. Each member organization and its member States shall ensure that any changes in the competence of a member organization or its membership are communicated to the Secretary-General, who shall disseminate such information to the other members of the Conference.

5. The member States of the organization are considered to have retained competence in all matters in respect of which the transfer of authority has not been specifically stated or notified.

6. Any member of the Conference may request from a member organization or its member States information on whether the member organization has authority in relation to any specific issue before the Conference. The Member Organization and its Member States shall ensure that such information is provided upon such request.

7. A member organization exercises membership rights on an alternative basis with its Member States that are members of the Conference in their respective fields of competence.

8. In matters relating to its powers, a member organization may use in any meetings of the Conference in which it is entitled to participate a number of votes equal to the number of its Member States that have delegated authority to the member organization in respect of the matter under consideration and which are entitled to vote in and are registered for such meetings. Whenever a member organization exercises its voting rights, its member States do not exercise them, and vice versa.

9. "Regional economic Integration organization" means an international organization that consists exclusively of sovereign States and to which its member States have delegated their authority on a number of issues, including the right to make decisions imposing obligations on its member States in relation to these issues.

Article 4

1. The General Affairs and Policy Council (hereinafter referred to as the "Council"), consisting of all members, is responsible for the work of the Conference. The meetings of the Council are generally held annually.

2. The Council ensures such work through a Permanent Bureau, whose activities it directs.

3. The Council considers all proposals intended for inclusion in the agenda of the Conference. He has the right to determine the measures to be taken in connection with such proposals.

4. The Netherlands Permanent Government Committee, established by Royal Decree of February 20, 1897, with the aim of promoting the codification of private international law, after consultation with the members of the conference, determines the date of diplomatic sessions.

5. The Permanent Government Committee appeals to the Government of the Netherlands to convene its members. The Chairman of the Standing Government Committee chairs the sessions of the Conference.

6. Regular sessions of the conference are held, generally, every four years.

7. If necessary, the Council may, after consultation with the Permanent Government Committee, request the Government of the Netherlands to convene the conference in an extraordinary session.

8. The Council may advise the Standing Government Committee on any other issues related to the work of the Conference.

Article 5

1. The Permanent Bureau holds its meetings in The Hague. It consists of a Secretary General and four Secretaries, who are appointed by the Government of the Netherlands on the recommendation of the Standing Government Committee.

2. The Secretary General and the Secretaries must have relevant legal knowledge and practical experience. Their appointment also takes into account the diversity of geographical representation and legal expertise.

 3. The number of secretaries may be increased after consultation with the Council and in accordance with article 10.

Article 6

Under the guidance of the Council, the Permanent Bureau is responsible for -

(a) The preparation and organization of sessions of the Hague Conference, as well as meetings of the Council and any special commissions;

(b) The work of the Secretariat at the sessions and meetings provided for above;

Article 7

1. In order to facilitate interaction between the members of the Conference and the Permanent Bureau, the Government of each of the member States appoints a national body, and each member organization is a contact body.

2. The Permanent Bureau may correspond with all designated authorities and with competent international organizations.

Article 8

1. During sessions and in the interval between meetings, the Council may establish special commissions to prepare draft conventions or to study all issues of private international law that fall within the purpose of the Conference.

2. At the sessions, the Council and the special commissions act on the basis of consensus to the maximum extent possible.

Article 9

1. The expenses of the Conference provided for in the budget shall be distributed among the member States of the Conference.

2. The member organization is not obligated to contribute, in addition to its Member States, to the annual budget of the Conference, but pays an amount determined by the Conference in consultation with the member organization to cover additional administrative costs arising from its membership.

3. In any case, the transportation and accommodation costs of the delegates of the Council and special commissions are paid by the represented members.

Article 10

1. The budget of the Conference is submitted annually to the Council of Diplomatic Representatives of the Member States in The Hague for approval.

2. These representatives also distribute among the Member States the expenses that are charged to the budget of the latter.

3. Diplomatic representatives should meet for such purposes under the chairmanship of the Minister of Foreign Affairs of the Kingdom of the Netherlands.

Article 11

1. The expenses incurred as a result of the regular and extraordinary sessions of the Conference are covered by the Government of the Netherlands.

2. In any case, the transportation and accommodation costs of the delegates will be borne by the respective members.

Article 12

The usual practices of the Conference are followed in all matters, unless this contradicts these Articles of Association or the Rules of Procedure.

Article 13

1. Amendments to the Charter should be adopted by consensus of the Member States present at the meeting regarding common affairs and policies.

2. Such amendments shall enter into force for all Members three months after their approval by two thirds of the Member States in accordance with their domestic procedures, but not earlier than nine months after their adoption.

 3. The meeting referred to in paragraph 1 may, by consensus, change the time periods referred to in paragraph 2.

Article 14

To ensure its implementation, the provisions of this Charter will be supplemented by the Regulations. The Rules of Procedure are established by the Permanent Bureau and submitted for approval to the diplomatic session, the Council of Diplomatic Representatives or the Council on General Affairs and Policy.

Article 15

1. The present Statute is submitted for approval to the Governments of the States that participated in one or more sessions of the Conference. It shall enter into force as soon as it has been adopted by a majority of the States represented at the seventh session.

2. The application for acceptance shall be deposited with the Government of the Netherlands, which shall notify the Governments referred to in paragraph 1 of this article accordingly.

3. The Dutch Government undertakes, in case of admission of a new member, to inform all members of the application for admission of a new member.

Article 16

 1. Each Member may denounce this Statute after the expiration of five years from the date of its entry into force in accordance with the provisions of paragraph 1 of Article 15.

2. The notification of denunciation must be transmitted to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the end of the fiscal year of the Conference, and takes effect after that year, but only in respect of the Member State that has made the notification.

The English and French texts of this Charter, as amended on January 1, 2007, are equally authentic.

I hereby certify that this translation of the Charter into Russian corresponds to the text of the Charter of the Hague Conference on Private International Law, done in The Hague on July 15, 1955.

Deputy Director of the Department

international law and cooperation

Ministry of Justice

Republic of Kazakhstan

S. Nurmukhambetov

RCPI's note!  The text of the Charter in English and French is attached.

President

Republic of Kazakhstan

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