HCCH - Informe anual 2017

H C C H Annual Report 2017 The World Organisation for Cross-border Co-operation in Civil and Commercial MattersAnnual Report 20172 | Annual Report 2017 Foreword 2017 was a successful year for the Hague Conference on Private International Law (HCCH). As an Organisation, we took further steps towards universality, welcoming the Republic of Kazakhstan as the 83rd Member. Moreover, the Hague Conventions continued to prove popular, with 17 new ratifications or accessions to eight Hague Conventions and one Protocol driving up the number of States connected to the HCCH to 150. I am particularly pleased with the significant progress the Judgments Project made in the course of 2017. The Special Commission on the Recognition and Enforcement of Foreign Judgments met for the second and third time, and its Fourth Meeting is already scheduled for May 2018. Experts further advanced a comprehensive draft Convention, and all the hard work of the past years will hopefully culminate in a Diplomatic Session adopting the final text of the new Hague “Judgments Convention” in mid-2019. In addition, the Experts’ Groups on Parentage / Surrogacy and on the Recognition and Enforcement of Agreements in Family Matters continued their important work throughout the past year, and the Special Commission on the practical operation of the 1980 and 1996 Conventions held its Seventh Meeting in October 2017. The adoption of new Staff Rules for staff of the Permanent Bureau by the Members of the HCCH rang in a new era for the Organisation. Having recognised that the HCCH lagged behind in this regard, it was a key priority to provide staff with clear and comprehensive rules that define their status, conditions of service, their rights, duties and responsibilities. The Staff Rules entered into force on 1 January 2018. I see this as another milestone in the

ongoing reform process of the HCCH’s good governance framework. As foreshadowed in the Foreword to last year’s annual report, the HCCH will celebrate its 125th Anniversary in 2018. The official ceremony will take place on 12 September 2018, the exact date 125 years after our founder, Tobias Asser, opened the first Diplomatic Session of the HCCH. I am excited at the prospect of welcoming the many friends and supporters of the HCCH to The Hague for this important and joyous occasion. Other events throughout 2018 will also honour this important date, including a global conference in Hong Kong to consider the role private international law can play in addressing the challenges, and taking advantage of the opportunities, our increasingly connected world presents. This event will be a unique opportunity to discuss the future of private international law as well as the evolution of the HCCH. 2018 will provide plenty of opportunities to look back at our achievements, but most importantly, we will look towards the bright future of the HCCH. I wish to thank all my colleagues at the Permanent Bureau and all the many experts and delegates from the Members of the HCCH and interested Observers for their invaluable input throughout 2017 and for enabling the HCCH to continue to grow from strength to strength! Christophe Bernasconi Secretary General March 2018Contents 04 Highlights 2017 06 Members 07 Ratifications & Accessions 08 Facts and Figures 2017 10 Key Events 18 Governance 20 Our People4 | Annual Report 2017 Highlights 2017 14-16 June Third meeting of the Experts' Group on cross-border recognition and enforcement of agreements in family disputes involving children The Hague 23 May Meeting of the Council of Diplomatic Representatives The Hague 29-31 March 2nd Inter-American meeting of Central

Authorities and International Hague Network Judges on International Child Abduction Panama City (Panama) 18-19 January Launch of iSupport. First meeting of the iSupport Governing Body The Hague 31 January - 3 February Second meeting of the Experts' Group on the Parentage / Surrogacy Project The Hague 14-16 March Meeting of the Council on General Affairs and Policy The Hague 14 June Republic of Kazakhstan becomes the 83rd Member of the HCCH 12 June International meeting addressing Issues of Domestic / Family Violence and the 1980Hague Child Abduction Convention London (United Kingdom) JUNEMAYAPRILMARCHFEBRUARYJANUARY 16-24 February Second Meeting of the Special Commission on the Recognition and Enforcement of Foreign Judgments The HagueAnnual Report 2017 | 5 Highlights 2017 1 December Meeting of the Working Group on the authentication of documents generated by supranational and intergovernmental organisations The Hague 13-17 November Third Meeting of the Special Commission on the Recognition and Enforcement of Foreign Judgments The Hague

JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER

3-6 July HCCH Asia Pacific Week 2017 Seoul (Republic of Korea) 10-17 October Seventh Meeting of the Special Commission on the practical operation of the 1980Child Abduction Convention and the 1996 Child Protection Convention The Hague 3 July 30th anniversary of the People's Republic of China's membership 20 August 20th anniversary of the Republic of Korea's membership6 | Annual Report 2017 Members Members joining in 2017 Members Admitted States (the membership of Colombia, Dominican Republic and Lebanon is currently subject to their acceptance of the Statute) KazakhstanAnnual Report 2017 | 7

Ratifications & Accessions Ratifications & Accessions in 2017 Other Connected Parties New Ratifications & Accessions to Hague Conventions in 2017 1961 Apostille Convention Bolivia Guatemala Tunisia 1965 Service Convention Andorra Tunisia 1970 Evidence Convention Andorra 1980 Child Abduction Convention Jamaica Tunisia 2007 Child Support Convention Brazil

Honduras Kazakhstan EIF: Entry into force in 2017 EIF: Entry into force in 2018

Bolivia Panama Andorra Cyprus Brazil 2007 Maintenance Obligations Protocol Brazil Kazakhstan Cuba Jamaica Honduras Guatemala 1985 Trusts Convention Cyprus Panama 2000 Protection of Adults Convention Latvia 1996 Child Protection Convention Cuba Honduras Tunisia Latvia8 | Annual Report 2017 Facts and Fig ures 20 17 1 New Member to the Hague Conference 1 New Accession 1970 Evidence Convention 3 New Accessions 1961 Apostille Convention 1+1 New Accession / Ratification 1985 Trusts Convention 2 New Accessions 1965 Service Convention 2+1 New Accessions / Ratification 2007 Child Support Convention 2 New Accessions 1980 Child Abduction Convention 2 New Accessions 1996 Child Protection Convention 1 New Ratification 2007 Maintenance Obligations Protocol 1 New Ratification 2000 Protection of Adults ConventionAnnual Report 2017 | 9 Facts and Fig ures 20 17 3,277 3,771 in 2016 in 2017 Number of fans

on Facebook 3,299 3,708 in 2016 in 2017 Number of followers on LinkedIn 832 1,055 in 2016 in 2017 Number of followers on Twitter € 35,000 of monetary voluntary contributions (Government of Argentina) for the operation of the Regional Office for Latin America and the Caribbean (ROLAC) € 425,000 of monetary voluntary contributions for specific projects of the HCCH € 175,000 of monetary voluntary contributions (mainly from the Government of Hong Kong SAR) for the operation of the Regional Office for Asia and the Pacific (ROAP)Key Events 11 Experts' Group on the Parentage / Surrogacy Project 12 Second and Third Meetings of the Special Commission on the Recognition and Enforcement of Foreign Judgments 13 Third Meeting of the Experts' Group on Cross-Border Recognition and Enforcement of Agreements in Family Disputes Involving Children 14 HCCH Asia Pacific Week 2017 15 Seventh Meeting of the Special Commission on the practical operation of the 1980 Child Abduction Convention and the 1996 Child Protection Convention 16 Launch of the improved INCADAT 17 Meeting of the Working Group on the Authentication of Documents Generated by Supranational and Intergovernmental OrganisationsAnnual Report 2017 | 11 Experts' Group on the Parentage / Surrogacy Project The Experts’ Group on Parentage / Surrogacy held its second meeting in January-February 2017 in The Hague, continuing its work to explore the feasibility of establishing international rules in the area of legal parentage and the status of children, including those born of international surrogacy arrangements (ISAs). At the request of the Council on General Affairs and Policy, this second meeting of the Group focused primarily on recognition of legal parentage established in another State. The experts agreed in principle on the feasibility of developing a

binding multilateral instrument dealing with the recognition of foreign judicial decisions on legal parentage, subject to further consideration of how such an instrument could operate. Owing to the complexity of the issues and the diversity of approaches by States, the experts concluded that further consideration and discussion were needed with respect to (1) the recognition of legal parentage when recorded in a public document, and (2) the possible application of future agreed private international law rules on legal parentage to ISAs and in cases of assisted reproductive technology (ART). The Group will convene again in February 2018 to resume its work on these issues. Second meeting of the Experts' Group, 31 January-3 February 2017, Permanent Bureau, The Hague Participants in the second meeting of the Experts' Group, 31 January3 February 2017, Permanent Bureau, The Hague Scan Me for more information about this project JanuaryFebruary12 | Annual Report 2017 Second and Third Meetings of the Special Commission on the Recognition and Enforcement of Foreign Judgments The Special Commission on the Recognition and Enforcement of Foreign Judgments met for the second (16-24 February 2017) and third (13-17 November 2017) time in The Hague. The Meetings were chaired by Mr David Goddard QC of New Zealand. More than 180 experts, representing 58 and 57 Members respectively, as well as 25 and 19 Observers, participated. The Second Meeting proceeded from the basis of the June 2016 preliminary draft Convention and, after considering a paper on draft General and Final Clauses, negotiated a further version of the draft Convention. These negotiations continued in the Third Meeting, which also saw detailed negotiations concerning matters related to intellectual property. The Third Meeting produced the November 2017 draft Convention, which will serve as a starting point for the Fourth Meeting to be held in May 2018. It is hoped that the

Fourth Meeting will make sufficient progress so that a Diplomatic Session to finalise the Convention can be held in 2019. Scan Me for more information about this project Februaryand November Participants in the Second Meeting of the Special Commission on the Judgments Project, 16-24 February 2017, the Hague Academy of International Law (Peace Palace), The Hague Participants in the Third Meeting of the Special Commission on the Judgments Project, 13-17 November 2017, the Hague Academy of International Law (Peace Palace), The HagueAnnual Report 2017 | 13 Third meeting of the Experts’Group on Cross-Border Recognition and Enforcement of Agreements in Family Disputes Involving Children From 14 to 16 June 2017, the Experts’Group on crossborder recognition and enforcement of agreements in family disputes involving children met in The Hague for the third time. Under the chairmanship of Professor Paul Beaumont, University of Aberdeen, 28 experts continued earlier discussions on the nature and extent of the legal challenges arising in the context of recognition and enforcement of voluntary agreements reached in the course of international child disputes. As mandated by the 2016 Meeting of the Council on General Affairs and Policy, considerations focussed initially on a non-binding “navigation tool”which could provide best practices on how an agreement made in the area of family law involving children should be recognised and enforced in a foreign State under the 1980, 1996 and 2007 Hague Conventions, and which may also help with assessing the desirability and feasibility of developing a new binding instrument in this area. The experts recognised that, while the existing Hague Family Conventions do facilitate to a certain extent the cross-border recognition and Participants in the third meeting of the Experts' Group, 14-16 June 2017, Permanent Bureau, The Hague

Scan Me for more information about this project June enforcement of these agreements, they do not address the specific issue of “package agreements”nor provide a simple, certain or efficient means for their enforcement. The Group also recognised that often, matters covered require the simultaneous application of more than one Hague Family Convention, while some elements of those package agreements are not within the scope of any of the existing Hague Family Conventions. This creates difficulties for the enforcement of package agreements, and the Experts’ Group agreed to recommend to the 2018 Meeting of the Council on General Affairs and Policy to develop a new Hague Convention that would build on, and add value to, the above Conventions.14 | Annual Report 2017 July HCCH Asia Pacific Week 2017 From 3 to 6 July 2017, the Permanent Bureau, through its Regional Office for Asia and the Pacific (ROAP), held the HCCH Asia Pacific Week 2017 in Seoul (Republic of Korea). The Symposium, held in co-operation with the Ministry of Justice and the Supreme Court of Korea, commemorated the 20th anniversary of the Republic of Korea’s membership of HCCH. The Symposium was attended by over 250 participants from over 20 jurisdictions from both within and outside the Asia Pacific region. The symposium sought to introduce relevant Hague Conventions to the Asia and Pacific region, share and exchange information on ConventionScan Me for more information about this event related practices and experiences, and strengthen cooperation amongst participating States. The Symposium focused on child abduction, intercountry adoption, child protection and child support, Apostilles and the e-APP, international litigation and information technology, including service of documents by electronic means and use of video-conferencing to obtain

evidence under the 1970 Evidence Convention, the 2005 Choice of Court Convention and the recent developments concerning the Judgments Project. Participants in the Symposium, 3-6 July 2017, Seoul (Korea)Annual Report 2017 | 15 October Seventh Meeting of the Special Commission on the practical operation of the 1980 Child Abduction Convention and the 1996 Child Protection Convention Participants in the Seventh Meeting of the Special Commission on the 1980and 1996 Conventions, 10-17 October 2017, the Hague Academy of International Law (Peace Palace), The Hague From 10 to 17 October 2017, the HCCH convened the Seventh Meeting of the Special Commission on the practical operation of the 1980 Child Abduction and the 1996 Child Protection Conventions. The meeting brought to The Hague over 290 experts from 72 Contracting and non-Contracting States, one Regional Economic Integration Organisation, as well as observers from 14 IGO / NGOs. Experts shared their experiences and discussed various issues regarding the interpretation and application of the two Conventions and could, for the first time during a Special Commission meeting, meet bilaterally at the offices of the Permanent Bureau to discuss practical operational issues in a confidential setting. The Special Commission meeting resulted in 82 Conclusions and Recommendations adopted unanimously. In order to make relevant information in relation to the domestic implementation of the 1996 Convention readily accessible to competent authorities, the Special Commission also recommended the development of a Country Profile. Moreover, the Special Commission recommended that the Permanent Bureau modernise the return and access application model forms under the 1980 Convention. Scan Me for more information about this event16 | Annual Report 2017 October Launch of the improved INCADAT On 16 October 2017, during the Seventh Meeting of the

Special Commission on the practical operation of the 1980 Child Abduction Convention and the 1996 Child Protection Convention, Mr Christian Höhn, Head of the German Central Authority for the 1980 Child Abduction Convention, launched an improved online-based International Child Abduction Database (INCADAT). The improvements to INCADAT (< www.incadat.com >) are designed to enhance the searchability of the full content of judicial decisions, including by keyword. The modern, fresh look of the website is more user-friendly and supports use on mobile devices. A brand new content management system streamlines the editorial workflow and helps to ensure the currency of the database. The technical refurbishment was made possible by the generous financial assistance provided by the German Govern-ment and Miles & Stockbridge P.C. The improved online-based International Child Abduction Database (INCADAT) Scan Me for more information about INCADATAnnual Report 2017 | 17 Meeting of the Working Group on the Authentication of Documents Generated by Supranational and Intergovernmental Organisations Participants in the meeting of the Working Group, 1 December 2017, Permanent Bureau, The Hague The Working Group on the Authentication of Documents Generated by Supranational and Intergovernmental Organisations met on 1 December

2017. The 36 experts reviewed the different practices with respect to authenticating documents generated by supranational and intergovernmental organisations across the Contracting Parties to the Apostille Convention, and considered possible approaches to authenticating these documents. They noted that while some organisations have experienced difficulties in having their documents authenticated, others have not encountered such situations. The Working Group therefore concluded that the most desirable way forward was not to impose any individual method, but to simply afford Contracting Parties a choice of three possible options. These options include the direct apostillisation of such documents by the Competent

Authority of the host State, as well as the apostillisation of an authentication issued either by a notary of the host State or by a government office or authority designated by the host State acting as an intermediary. In the latter two cases, the Apostille relates to the authentication of the notary or intermediary, which itself relates to the document of the supranational and intergovernmental organisation. The Working Group resolved that at this stage no further meetings are needed, and sought the approval of its Conclusions and Recommendations by the 2018 Meeting of the Council on General Affairs and Policy. Scan Me for more information about this project DecemberGovernance 19 Meeting of the Council on General Affairs and Policy 19 Meeting of the Council of Diplomatic Representatives 19 HCCH Staff Rules 19 Appointment of a new Representative for the Regional Office for Asia and the PacificAnnual Report 2017 | 19 The 2017 Meeting of the Council on General Affairs and Policy took place from 14 to 16 March 2017, bringing together 162 participants from 67 Members, as well as observers from seven inter-governmental and nongovernmental organisations. The meeting dealt with numerous issues, and set an ambitious work agenda for

2018. At the beginning of the meeting, Mr Antti Leinonen, Director of Legislation, Law Drafting Department, Ministry of Justice of Finland, handed over the chairmanship of the Council to Mr Andrew Walter, Assistant Secretary, Civil Law Unit, Australian Attorney-General’s Department. Participants expressed their gratitude for Mr Leinonen’s service and dedication to the HCCH.

Meeting of the Council on General Affairs and Policy Meeting of the Council of Diplomatic Representatives The 2017 Meeting of the Council of Diplomatic Representatives (CDR) took place on 23 May 2017. In addition to the approval of the Organisation’s Budget for the Financial Year 2017-2018 (total Budget: € 4,150,710; total

assessed contributions: € 4,097,210; total units: 82 Member States with 620 units –372.5 units at € 6,835.16 and 247.50 units at € 6,267.12), the CDR dealt with a number of complex financial matters concerning the financial framework within which the HCCH operates. The CDR decided to continue to apply Dutch Accounting Standards (DAS) to the HCCH’s operational Budget and all monetary voluntary contributions, while it approved International Public Sector Accounting Standards to be used for the HCCH Pension Reserve Fund (PRF). The CDR also adopted a new Strategic Asset Allocation for the PRF which should ensure the long-term viability of the fund for an estimated period of 75 years and which will be reviewed periodically. Finally, in line with the Financial Regulations of the HCCH, the CDR appointed PricewaterhouseCoopers as the HCCH’s auditors for a term of five years (renewable). HCCH Staff Rules After the adoption of the draft Staff Rules applicable to officials and personnel of the Organisation by the Members in early 2017, and following a period of close consultations between the Permanent Bureau and the Council of Europe, the Secretary General of the Hague Conference and the Deputy Secretary General of the Council of Europe, Ms Gabriella Battaini-Dragoni, signed on 24 November 2017 the Agreement to extend the jurisdiction of the Administrative Tribunal of the Council of Europe to the HCCH. The Administrative Tribunal becoming the apex of the Staff Rules’ dispute resolution mechanism was the last step required for the entry into force of the Staff Rules, which occurred on 1 January 2018. Appointment of a new Representative for the Regional Office for Asia and the Pacific On 1 August 2017, Mr Frank Poon, former Solicitor-General of Hong Kong SAR, China, succeeded Professor Anselmo Reyes as the Representative of ROAP in Hong Kong. The Secretary General

announced Mr Poon’s appointment during the 2017 HCCH Asia Pacific Week, and he took the opportunity to thank Professor Reyes wholeheartedly for his outstanding work in raising the visibility and profile of the HCCH in the Asia Pacific Region.Our People 21 Team of the Permanent Bureau (per 31 December 2017) 22 Internship Programme at the HCCH 23 Organisational chart of the Permanent Bureau (2017)Annual Report 2017 | 21 Team of the Permanent Bureau Ms Caroline ARMSTRONG HALL TemporaryLegal Assistant Ms Hannah BAKER Senior Legal Officer Ms Maryze BERKHOUT Head of Finance / Senior Human Resources Officer Mr Christophe BERNASCONI SecretaryGeneral Mr Frédéric BREGER Legal Officer Ms Florencia CASTRO Legal and Office Co-ordinator (ROLAC) Ms Mayela CELIS Principal Legal Officer Ms Marie-Charlotte DARBAS Information Manager Ms Lydie DE LOOF Publications Co-ordinator Ms Marie DEPLEDT LibraryAssistant Ms Willy DE ZOETE Senior Administrative Assistant Ms Eugenia GENTILE Finance / Human Resources Assistant Mr Ignacio GOICOECHEA Representative (ROLAC) Ms Maja GROFF Senior Legal Officer Mr Stuart HAWKINS Website / IT Officer Mr Thomas JOHN Attaché to the SecretaryGeneral / Principal Legal Officer

Ms Anna KOELEWIJN

Head of Administration Mr Philippe LORTIE First Secretary

Ms Laura MARTÍNEZ-MORA

Principal Legal Officer Ms Aurélie MERCIER Translator / Reviser Ms Laura MOLENAAR Administrative Officer Ms Alix NG Office Manager (ROAP) Ms Sophie PINEAU Personal Assistant to the SecretaryGeneral Mr Frank POON Representative (ROAP) Ms Mathilde PRÉNAS Senior Administrative Assistant Mr Willem VAN DER ENDT

General Services Officer

Ms Livia VAN DER GRAAF

Project Officer Mr Brody WARREN Legal Officer

Ms Ana ZANETTIN

Translator / Reviser / Administrative Assistant Ms Ning ZHAO Senior Legal Officer Consultants to the HCCH Consultants supporting Normative Work Mr Emmanuel GUINCHARD Tourism Project Ms Julianne HIRSCH VoluntaryAgreements Project Ms Cara NORTH Judgments Project Mr Michael WELLS-GRECO Parentage / SurrogacyProject Consultants supporting Governance & Operations Ms Helene GUERIN Publications Mr Willem-Paul HERBER Dutch certified public accountant Secondments to the Permanent Bureau Mr Keith LOKEN (Lawyer, seconded to the Permanent Bureau (The Hague) from the Bureau of Consular Affairs, US Department of State, United States of America) Mr Seungwoo CHA (Judge, seconded to the Permanent Bureau (The Hague) from the Supreme Court of the Republic of Korea) Ms Judy XIONG (Lawyer, seconded to the Permanent Bureau (Regional Office for Asia and the Pacific) from the Ministryof Foreign Affairs, People’s Republic of China) iSupport Mr Jean-Marc PELLET iSupport Co-ordinator (per 31 December 2017)22 | Annual Report 2017 Internship Programme at the HCCH Interns at the Office in The Hague, the Netherlands Ms Sarah COCO (United States of America) Ms Alicia DURAN (Spain) Ms Morgane FRAPART (France) Ms Alina GAGARIN (Israel) Ms Mohadeseh JAHANGIRI (Iran) Ms Nevena JEVREMOVIC (Bosnia Herzegovina) Mr Chung Ho LEE (Republic of Korea) Ms Fanghan MA (People’s Republic of China) Ms Ana Carolina MASSARO (Brazil)

Ms Charlotte MOL (the Netherlands) Ms Capucine PAGE (France) Ms Julie PHELINE (France) Ms Caterina SCARABELLO (Italy) Mr Andreas SHERBORNE (Australia) Mr Haruki SHINODA (Japan) Ms Anni-Maria TAKA (Finland) Ms Christine TOMAN (Germany) Ms Romina URSIC (Italy) Ms Lenka VYSOKA (Czech Republic) Ms Sharon ZERVAAS (the Netherlands and Spain) Interns at the Regional Office for Latin America and the Caribbean (ROLAC) in Buenos Aires, Argentina Ms Abril BARBEITO (Argentina) Mr Juan CÁCERES (Argentina) Ms Noralí NOGUERA (Argentina) Mr Nicolás PAGE (Argentina) Mr Emiliano POMBO (Colombia) Ms Micaela RIOS CONTRERAS (Argentina) Mr Pablo RUSSO GEISMAN (Argentina) Ms María Melisa TORANZO MAGAZ (Argentina) Ms Nathalia ULLOA CASTILLO (Costa Rica) Ms Constanza VELAZQUEZ (Argentina) Interns at the Regional Office for Asia and the Pacific (ROAP) in Hong Kong, Hong Kong SAR, People's Republic of China Mr Juhyun AHN (Japan) Ms Hyun-Ji BAE (Republic of Korea) Mr Purevdorj GANKHUYAG (Japan) Ms GU Menghan (People’s Republic of China) Mr HONG Haoyi (People’s Republic of China) Ms JI Ruijia (People’s Republic of China) Mr Koki KOBAYSHI (Japan) Ms KONG Xiaotong (People’s Republic of China) Ms LIU SONG Zian (People’s Republic of China) Ms LU Zhouyi (People’s Republic of China)

Mr Al Asad Md. MAHFUZUL ISLAM (Japan) Ms Mai OSUMI (Japan) Ms QIAN Zejia (People’s Republic of China) Ms Shiho SAKASITA (Japan) Ms SHI Yi (People’s Republic of China) Ms Fuko UTSUGI (Japan) Ms ZHOU Jingwen (People’s Republic of China)Annual Report 2017 | 23 Organisational chart of the Permanent Bureau (2017)Hague Conference on Private International Law Permanent Bureau 6b, Churchillplein 2517 JW The Hague The Netherlands

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