HCCH - Informe anual 2016

H C C H Annual Report 2016 The World Organisation for Cross-border Co-operation in Civil and Commercial MattersAnnual Report 20162 | Annual Report 2016 Foreword or the Hague Conference on Private International Law (HCCH) , 2016 has been yet another year marked by great progress of both external and internal aspects of the HCCH. At the outset, I wish to thank all the experts, friends and colleagues who actively contributed to this progress, be it in their respective capital, somewhere in the field or, indeed, at the Permanent Bureau –your relentless commitment to, and active support of, the HCCH throughout the year has been instrumental in enabling the Organisation to continue to go from strength to strength. Since its establishment in 1893, the HCCH has greatly evolved from an, in the words of former Secretary General G. Droz, “occasional diplomatic assembly”, into a modern, innovative and strong intergovernmental organisation that –more than ever –is a highly relevant actor in an ever-changing global environment. The evolution of the HCCH is best evidenced by the continued growth of our membership and the number of connected States (this latter figure includes both Member States and non-Member States that have signed, ratified or acceded to at least one Hague Convention). On 16 March 2016, the Republic of Moldova became the 81st Member, and on 19 October 2016, the Kingdom of Saudi Arabia became the 82nd Member of the HCCH. With 18 new accessions to 11 Hague Conventions in the course of 2016, the number of connected States grew to almost 150 States. This growth also means that the HCCH further expanded its geographical reach, especially into previously underrepresented regions, including the Middle East and Central Asia. While I am proud that the HCCH continues to make good progress on

its path towards universality, a lot of work remains to be done to truly and effectively implement this central tenet of the Organisation’s operational strategy. In 2016, the HCCH also continued its internal reform processes. A key component of these efforts was the finalisation of comprehensive and modern Staff Rules. This set of rules will govern a range of the Permanent Bureau's activities; they constitute the internal legal framework that is fundamental for the efficient and effective operation of the Organisation. After more than 18 months of meticulous work undertaken by the Permanent Bureau in close co-operation with the Working Group on Staff Rules, I was particularly pleased to submit the final draft of the new Staff Rules to our Members for approval just before the end of 2016. And yet, after three years that saw other important reforms to improve work and decisionmaking processes across a range of areas, we also paused to take stock of the implementation of our past reform efforts. As Secretary General, it is important to me to ensure that new procedures can be developed, bedded down, practiced and optimised. I am deeply gratified by our progress in this regard, and thank all colleagues at the Permanent Bureau for their willingness to engage with change, and their incomparable resilience in often challenging moments. Finally, the year past also gave me the great pleasure to honour the outstanding contributions made by three exceptional legal minds who had, over many years, supported the HCCH at a level of dedication FAnnual Report 2016 | 3 Christophe Bernasconi Secretary General April 2017 well beyond the call of duty: Professor Alegría Borras; Professor Andreas Bucher; and His Excellency Judge Fausto Pocar. As part of my laudation at the 2016 meeting of the Council on General Affairs and Policy, I recorded that these great scholars not only participated in countless meetings and discussions at

the HCCH, they also influenced and shaped these meetings and discussions. Their contributions were fundamental to the development and practical operation of the Organisation's most imperative and successful instruments. In 2017, we will start preparing for a very special event: 2018 will mark the HCCH’s 125th Anniversary. We have started making plans to celebrate this significant milestone in the history of the Organisation, honour the extraordinary vision of our founder, Professor T.M.C. Asser, and underscore the Organisation’s preeminence in the area of private international law. I look forward to continuing our exciting and important journey of modernisation and global outreach with all colleagues and friends of the HCCH.4 | Annual Report 2016 The World Organisation for Cross-border Co-operation in Civil and Commercial Matters Hague Conference on Private International Law Being a forum for its Members for the development and implementation of common rules of private international law in order to co-ordinate the relationships between different private law systems in international situations Promoting international judicial and administrative cooperation in the fields of protection of the family and children, civil procedure and commercial law Providing high-standard legal services and technical assistance for the benifit of Members and States Parties to Hague Conventions, their government officials, judiciary and practitioners Providing high-quality and readily accessible information to Members and States Parties to Hague Conventions, their government officials, judiciary, practitioners and the public in general Working for a world in which individuals, families as well as companies and other entities whose lives and activities transcend the boundaries between different legal systems, enjoy a high degree of legal security Promoting the orderly and efficient settlement of disputes, good governance and the rule of law, while respecting the diversity of legal traditions Vision MissionContents 06 Highlights 2016 08 Members & connected States 09 New Ratifications & Accessions

10 Facts and Figures 2016 12 Key events 22 Governance & Administration6 | Annual Report 2016 Highlights 2016 27-30 June HCCH Asia Pacific Week 2016: (1) A seminar dedicated to celebrating the century-old ties between Japan and the HCCH at the Law School of Tokyo University; (2) 10th Anniversary of the adoption of the 2006 Securities Convention; and (3) Asia Pacific Symposium on the 1980Child Abduction Convention Tokyo (Japan) 25 May Meeting of the Council of Diplomatic Representatives The Hague 15-17 March Meeting of the Council on General Affairs and Policy The Hague 21-23 January Fourth meeting of the Working Group to develop a Guide to Good Practice on the interpretation and application of Article 13(1)(b) of the 1980Child Abduction Convention The Hague 15-18 February Experts' Group meeting on the Parentage / Surrogacy Project The Hague 16 March Republic of Moldova becomes the 81st Member of the HCCH 2-5 May Fourth Malta Conference on Cross-frontier Child Protection and Family Law ("Malta IV") Valletta (Malta) 1-9 June Special Commission meeting on the Recognition and Enforcement of Foreign Judgments (the "Judgments Project") The Hague JUNEMAYAPRILMARCHFEBRUARYJANUARYAnnual Report 2016 | 7 Highlights 2016 12-16 July Regional meeting "International Family Law,

Legal Co-operation and Commerce: Promoting Human Rights and Cross-border Trade in the Caribbean through the Hague

Conference Conventions" Georgetown (Guyana) 13-15 October Working Group meeting on Preventing and Addressing Illicit Practices in Intercountry Adoption The Hague 19 October Kingdom of Saudi Arabia becomes

the 82nd Member of the HCCH 1 November 10th International Forum on the e-APP The Hague 2-4 November Special Commission meeting on the practical operation of the 1961 Apostille Convention The Hague JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER 11-23 July Fifth meeting of the Working Group to develop a Guide to Good Practice on the interpretation and application of Article 13(1)(b) of the 1980Child Abduction Convention London (United Kingdom) 26-27 September Symposium on Cross-border Disputes Involving Children Singapore8 | Annual Report 2016 Members & Connected States Members joining in 2016 Members Non-Member Contracting States and acceded to a Convention Admitted States (States whose membership is subject to their acceptance of the Statute) Admitted States (States whose membership is subject to their acceptance of the Statute) Colombia Kazakhstan Lebanon New Members of the Hague Conference in 2016 Republic of Moldova Saudi Arabia Non-connected StatesAnnual Report 2016 | 9 New Ratifications & Accessions Ratifications & Accessions to Hague Conventions in 2016 Ratifications & Accessions in 2016 Non-Member Contracting States and acceded to a Convention Ratifications & Accessions to Hague Conventions 1965 Service Convention Costa Rica Viet Nam 1970 Evidence Convention Costa Rica Kazakhstan 1980 Access to Justice Convention Costa Rica 2005 Choice of Court Convention Singapore 1993 Intercountry Adoption Convention Ghana Kyrgyzstan 1980 Child Abduction Convention Bolivia Pakistan Philippines 2007 Child Support Convention Turkey United States of America

2000 Protection of Adults Convention Monaco 1996 Child Protection Convention Norway

Serbia Turkey EIF: Entry into force in 2016 EIF: Entry into force in 2017

United States of America Norway Bolivia Costa Rica Monaco Serbia Turkey Ghana Viet Nam Philippines Singapore Kyrgyzstan Pakistan 2006 Securities Convention United States of America 2007 Maintenance Obligations Protocol Kazakhstan Kazakhstan10 | Annual Report 2016 Facts and Fig ures 20 16 2 New Members to the Hague Conference 1 New Accession 1970 Evidence Convention 1 New Accession 2005 Choice of Court Convention 1 New Accession 2000 Protection of Adults Convention 2 New Accessions 1965 Service Convention 2 New Accessions 1993 Intercountry Adoption Convention 1 New Accession 1980 Access to Justice Convention 2 New Accessions 2007 Child Support Convention 3 New Accessions 1980 Child Abduction Convention 3 New Accessions 1996 Child Protection Convention 1 New Accession 2006 Securities Convention 1 New Accession 2007 Maintenance Obligations ProtocolAnnual Report 2016 | 11 Facts and Fig ures 20 16 2,666 3,277 in 2015 in 2016 Number of fans on Facebook 2,759 3,299 in 2015 in 2016 Number of followers on LinkedIn 705 832 in 2015 in 2016 Number of followers on Twitter € 30,000 of monetary voluntary contributions (from the Government of Argentina) for the Latin American Regional Office€ 250,000 of monetary voluntary contributions

for the office in The Hague € 850,000 of monetary voluntary contributions (mainly from the Government of Hong Kong SAR) for the Asia Pacific Regional OfficeKey events 13 Working Group on developing a Guide to Good Practice on the interpretation and application of Article 13(1)(b) of the 1980 Child Abduction Convention 14 Experts' Group on the Parentage / Surrogacy Project 15 Fourth Malta Conference on Cross-frontier Child Protection and Family Law ("Malta IV") 16 Special Commission on the Recognition and Enforcement of Foreign Judgments (the "Judgments Project") 17 HCCH Asia Pacific Week 2016 18 Symposium on Cross-border Disputes Involving Children 19 Working Group on Preventing and Addressing Illicit Practices in Intercountry Adoption 20 Special Commission on the 1961 Apostille Convention & 10th International Forum on the e-APP 21 The Co-operation in Respect of Protection of Tourists and Visitors Abroad ProjectAnnual Report 2016 | 13 Working Group on developing a Guide to Good Practice on the interpretation and application of Article 13(1)(b) of the 1980 Child Abduction Convention n 2016, the Working Group established to develop a Guide to Good Practice on the interpretation and application of Article 13(1)(b) of the 1980 Child Abduction Convention made considerable progress. The Group, comprising judges, government officials, private practitioners and cross-disciplinary experts, was able to synthesise the results of comprehensive written consultations on the subject. The results were discussed at the Group’s fourth and fifth meetings, the latter taking place at the invitation of Lady Hale, Deputy President of the UK Supreme Court, at the Supreme Court of the United Kingdom in July 2016. The discussions informed the ongoing drafting of the Guide. I January Participants in the fourth meeting of the Working Group, 21-23 January 2016, Permanent Bureau, The Hague

Participants in the fifth meeting of the Working Group, 11-12 July 2016, Supreme Court of the United Kingdom, London Scan Me for more information about this project14 | Annual Report 2016 Experts' Group on the Parentage / Surrogacy Project andated to explore the feasibility of advancing work on the private international law issues surrounding the status of children, including issues arising from international surrogacy arrangements (ISAs), the Experts’Group on Parentage / Surrogacy met for the first time in February 2016 in The Hague. The Group considered the private international law rules governing the legal status of children in crossborder situations, including those born out of ISAs. The participants concluded that the issue is very M February complex, and found that it has spawned diverse approaches by States. Therefore, the Group could neither agree whether an HCCH instrument would be feasible, nor, if it were feasible, what type of instrument should be developed, and what scope it should have. Instead, and with these difficult issues in mind, the Group will reconvene at the end of January 2017, and primarily focus on the recognition of children’s legal parentage established in another State. First meeting of the Experts' Group, 15-18 February 2016, Permanent Bureau, The Hague Participants in the first meeting of the Experts' Group, 15-18 February 2016, Permanent Bureau, The Hague Scan Me for more information about this projectAnnual Report 2016 | 15 Fourth Malta Conference on Cross-frontier Child Protection and Family Law ("Malta IV") n early May 2016, more than 130 senior government officials, judges and other experts from 34 countries met in Valletta, Malta, for the Fourth Malta Conference on Cross-frontier Child Protection and Family Law (“Malta IV”) within the

“Malta Process”. The Malta Process promotes for the protection of children through the resolution of complex, cross-border family conflicts, as well as cooperation with countries that have legal systems based on, or influenced by, Shari’a law. Attendees of Malta IV considered a range of inputs, including the principles set out in the 1989 United Nations Convention on the Rights of the Child, previous Malta Declarations, the outcomes of prior regional seminars and bilateral meetings, and hypothetical cases studies. They recognised that solutions to the difficulties encountered in the area of international child protection, which may affect the fundamental rights of children, can be found through reinforced international co-operation and, in particular, by joining certain Hague Children’s Conventions. Moreover, the attendees recognised that the 1980 Child Abduction Convention, the 1996 Child Protection Convention and the 2007 Child Support Convention support a number of key principles expressed in the 1989 United Nations Convention on the Rights of the Child, noting that these instruments have global reach, and are compatible with diverse legal traditions. The Conclusions and Recommendations of Malta IV were adopted unanimously. May I Participants in the Fourth Malta Conference, 2-5 May 2016, Valletta (Malta) Scan Me for more information about this event16 | Annual Report 2016 Special Commission on the Recognition and Enforcement of Foreign Judgments (the "Judgments Project") he Special Commission on the Recognition and Enforcement of Foreign Judgments convened for its first meeting in June 2016. Chaired by Mr David Goddard QC, the meeting was attended by 153 participants from 54 Members and 16 international organisations who joined as Observers. Using the Proposed Draft Text, which had been prepared by the Working Group on the Judgments Project, as its starting point, the Special Commission embarked on

negotiating and preparing the 2016 preliminary draft Convention. This draft will be further discussed at the Special Commission’s second meeting, set to take place in February 2017. T June Participants in the first meeting of the Special Commission on the Judgments Project, 1-9 June 2016, the Hague Academy of International Law (Peace Palace), The Hague Scan Me for more information about this project Mr David Goddard QC, Chair of the Special CommissionAnnual Report 2016 | 17 June HCCH Asia Pacific Week 2016 s in previous years, in 2016, the Asia Pacific Regional Office of the Permanent Bureau held the HCCH Asia Pacific Week. The 2016 HCCH Asia Pacific week was organised in co-operation with Japan. It took place at the end of June 2016 in Tokyo, and comprised three events. A seminar dedicated to celebrating the century-old ties between Japan and the HCCH took place at the Law School of Tokyo University. In addition to receiving updates on recent activities of the HCCH, participants in the Seminar reflected on the long relationship and close co-operation between Japan and the HCCH. The Secretary General acknowledged Japan’s great history in, and contribution to, the dialogue among, and co-operation between, different cultures and legal traditions, which makes Japan such a valuable Member State of the HCCH. The second event equally celebrated a milestone, namely the 10th Anniversary of the adoption of the 2006 Securities Convention. The event, which took place at Chuo Law School, took stock of a decade of developments concerning this instrument by bringing together academics, lawyers and stakeholders in the field of cross-border securities. The participants also explored the many advantages of joining this instrument, both from international and Japanese perspectives, while equally reflecting on potential challenges its implementation may pose. Finally, a Symposium on the 1980 Child Abduction

Convention took place at Waseda University, Tokyo. Approximately 210 participants shared their experiences with regard to the implementation of the Convention. Views were exchanged concerning Convention-related practices, also to raise awareness of the Convention within the region. The participants recognised the Convention’s great value as an instrument, emphasising the stability the instrument can provide for families in today's highly globalised world. They also highlighted the Convention's full compatibility with all legal systems. The attendees stressed the importance of the International Hague Network of Judges for the efficient operation of the Convention, and encouraged both Contracting and non-Contracting States to designate a Network Judge. A Scan Me for more information about this event18 | Annual Report 2016 September Symposium on Cross-border Disputes Involving Children Participants in the Symposium on Cross-border Disputes Involving Children, 26-27 September 2016, Supreme Court, Singapore t the end of September 2016, the Symposium on Cross-border Disputes Involving Children took place in Singapore. In what was a first for the region, more than 120 experts gathered to discuss the particular complexities of, and the many common concerns relating to, such cross-border disputes. On the basis of selected case scenaria, participants learned how the Hague Family Law Conventions can produce effective and efficient results, including through mediation. Participants also had the opportunity to discuss frameworks that facilitate judicial communications, learning how judges can formally and informally collaborate internationally to reach suitable outcomes in international abduction, custody, access, and relocation cases. AAnnual Report 2016 | 19 October Working Group on Preventing and Addressing Illicit Practices in Intercountry Adoption Participants in the first meeting of the Working Group, 13-15 October 2016, Permanent Bureau, The Hague he Working Group on Preventing and Addressing

Illicit Practices in Intercountry Adoption met in The Hague in October 2016. The meeting was attended by 36 experts, representing 20 States and three international organisations, who gathered to consider “the development of more effective and practical forms of co-operation between States to prevent and address specific instances of abuse”. The Working Group discussed, inter alia, enhanced cooperation, measures to prevent illicit practices, recognising illicit practices when they occur, effective responses in specific cases of illicit practices including the needs of victims, and effective responses to general patterns of illicit practices in a particular State. It recommended that the HCCH develop a toolkit that contains (1) examples of illicit practices, policies that create an environment for them and activities that may facilitate them; (2) fact sheets on such practices, policies and activities, and how to prevent or address them; (3) a model procedure for responding to specific cases of illicit practices; and (4) a spectrum of responses to general patterns of illicit practices. It also recommended that the Permanent Bureau explore the possibility of establishing a secure online facility where States could share information about illicit practices. T Scan Me for more information about this project20 | Annual Report 2016 Special Commission on the 1961 Apostille Convention & 10th International Forum on the e-APP November n early November 2016, over 190 experts representing more than 65 States and international organisations, participated in the Fourth Meeting of the Special Commission on the practical operation of the 1961 Apostille Convention. For the first time, a meeting of the Special Commission was immediately preceded by an International Forum on the electronic Apostille Program (e-APP). The meeting of the Special Commission provided the opportunity for a thorough discussion of the practical operation of the 1961 Apostille Convention. It also canvassed more general questions regarding the

applicability of that instrument, as well as options for the further simplification of the Apostille process. The experts welcomed the continued increase in global coverage of the Convention, and were particularly encouraged by the presence of experts from States which, while not yet a party to the Convention, were considering joining. New developments, including the process of authentication of documents executed by intergovernmental and supranational organisations, as well as the practice of issuing Apostilles at diplomatic or consular missions, were further considered. The success of the immediately preceding 10th International Forum on the electronic Apostille Program (e-APP) was a testament to the fact that I the e-APP continues to facilitate the effective and secure operation of the Convention, and has also experienced an impressive expansion in recent years, with hundreds of authorities in 30 Contracting Parties now having implemented one or both components of the e-APP (e-Apostilles and / or e-Registers of Apostilles). Participants in the Special Commission meeting on the Apostille Convention, 2-4 November 2016, The Hague Academy of International Law (Peace Palace), The Hague Scan Me for more information about these eventsAnnual Report 2016 | 21 The Co-operation in Respect of Protection of Tourists and Visitors Abroad Project November upported by a generous grant given by the Government of Brazil, the HCCH hired the services of a legal consultant to assist with preparing a study and draft report on the desirability and feasibility of further work in relation to a possible future instrument concerning co-operation and access to justice for tourists and visitors abroad. Work commenced in earnest in mid-November 2016. It focused on the preparation of a questionnaire addressed to both Member States and a number of domestic and international organisations concerned S Scan Me for more information about this project with tourism and the protection of tourists, aimed at

gathering crucial information on domestic legislation, assessing the need for and feasibility of an international instrument in this area.Governance & Administration A Governance 23 Meeting of the Council on General Affairs and Policy 25 Meeting of the Council of Diplomatic Representatives 25 Sale of the building located at Scheveningseweg 6 25 HCCH Staff Rules B Administration 26 Monetary and non-Monetary Voluntary Contributions 28 Staff of the Permanent Bureau (per 31 December 2016) 30 Internship Programme at the HCCHAnnual Report 2016 | 23 A Governance he 2016 meeting of the Council on General Affairs and Policy took place from 15 to 17 March

2016. Over 200 participants representing 69 Members and 12 intergovernmental and non-governmental organisations took part.

The Council took note of, and welcomed, a number of important developments related to the Organisation’s governance and transparency, including the Resource Allocation at the Permanent Bureau, the Organisation’s new Financial Regulations, and the ongoing work concerning the new Staff Rules of the Organisation. The Council also confirmed the HCCH’s pursuit of universality as a central tenet of the Organisation’s operational strategy, and recognised the excellent services the HCCH’s Regional Offices in Latin America and the Asia Pacific have provided in that regard. The Council assessed the overall impact of the Asia Pacific Regional Office for Asia, and, based on its positive findings, endorsed its continued operation. T Meeting of the Council on General Affairs and Policy Participants in the 2016 meeting of the Council on General Affairs and Policy, 15-17 March 2016, The Hague Academyof International Law (Peace Palace), The Hague The Organisation’s increasing universality became tangible when the Council witnessed the admission of the Republic of Moldova as a Member State, as well as the proposal by the Government of the Netherlands to admit to Membership the Republic of

Kazakhstan. Participants also observed three Member States depositing their respective instruments of accession to a number of Hague Conventions, including Costa Rica (to the 1965 Service Convention, the 1970 Evidence Convention, and the 1980 Access to Justice Convention); the Philippines (to the 1980 Child Abduction Convention); and Viet Nam (to the 1965 Service Convention). In addition to the issuing of several recommendations and conclusions regarding the Organisation’s manifold post-Convention services, the Council did the same in relation to the Organisation’s normative work, including the "Judgments Project" which, as the Council noted, made significant progress. Having completed its work on a Proposed Draft Text at its24 | Annual Report 2016 fifth meeting in October 2015, the Working Group on the Judgments Project had recommended to: submit the Proposed Draft Text for consideration to a Special Commission; and have the Experts’ Group of the Judgments Project consider matters relating to direct jurisdiction (including exorbitant grounds and lis pendens / declining jurisdiction), with a view to preparing an additional instrument. The Proposed Draft Text was well received and the Council followed both recommendations. The First Meeting of the Special Commission took place in June 2016; the Experts’ Group will be convened soon after the Special Commission has drawn up a draft Convention. In relation to the Organisation’s other work on possible new instruments, the 2016 Council mandated the Permanent Bureau to: convene, before the 2017 Council meeting, a second meeting of the Experts’ Group on Parentage / Surrogacy, which will focus primarily on the recognition of children’s legal parentage established in another State; develop a non-binding “navigation tool” to provide best practices on how an agreement made in the area of family law involving children can be recognised and enforced in a foreign

State under the 1980, 1996 and 2007 Hague Conventions; co-operate with the Secretariats of UNCITRAL and UNIDROIT in preparing an explanatory text in the area of international commercial contract law (with a focus on sales); and co-operate with the World Intellectual Property Organisation (WIPO) in developing a resource tool addressing the intersection between private international law and intellectual property law. The Council also endorsed the formation of a small sub-group charged with the responsibility of developing a range of documents, country profiles, and, if appropriate, soft law instruments and model legislative guides, for submission to the Experts’Group on the use of video-link and other modern technologies in the taking of evidence abroad. The 2016 meeting of the Council also took note that the term of its current chair, Mr Antti Leinonen of Finland, was drawing to an end, and discussed the need for, and the transition to, a successor. Mr Leinonen proposed Mr Andrew Walter of Australia as a candidate for the Vice-Chair of the Council, and, with that, as his successor as Chair. Mr Walter’s candidacy was unopposed, and the Council elected him. Mr Walter is slated to succeed Mr Leinonen at the start of the 2017 meeting of the Council. The Secretary General of the HCCH, Mr C. Bernasconi, and the Chair of the Council on General Affairs and Policy, Mr A. Leinonen - 2016 meeting of the Council, 15-17 March 2016, the Hague Academy of International Law (Peace Palace), The Hague Scan Me for more information about this eventAnnual Report 2016 | 25 Meeting of the Council of Diplomatic Representatives he former premises of the Permanent Bureau located at Scheveningseweg 6, The Hague,

was sold on 21 December 2016 for an amount of € 1,425 million. The proceeds from the sale will be invested in accordance with the new Strategic Asset Allocation, to be discussed at the next meeting of the Council of Diplomatic Representatives in May 2017. haired by Mr Johan van der Werff, Ambassador for International O