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Bosnia and Herzegovina

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Bosnia and Herzegovina Process Server Judicial Assistance

Summary:

Judicial assistance between the United States and Bosnia and Herzegovina is governed by the Vienna Convention on Consular Relations (VCCR), 21 UST 77, TIAS 6820, 596 UNTS. 261; the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters , 20 UST 361, TIAS 6638, 658 UNTS. 163; the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, 23 UST 2555, TIAS 7444, 847 UNTS 231; the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents, 33 U.S.T. 883, TIAS 10072, 527 UNTS 189; and the Council of Europe Convention on the Transfer of Sentenced Persons, 35 UST 2867, TIAS 10824.

Service of Process – Bosnia and Herzegovina

Bosnia and Herzegovina is a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters. The Convention entered into force for Bosnia and Herzegovina February 1, 2009.

The Ministry of Justice for Bosnia and Herzegovina is the Central Authority under this Convention competent to receive and transmit requests for service. The address for the Central Authority is:

Ministry of Justice of Bosnia and Herzegovina
Attn: Nikola Sladoje, Assistant Minister, Head of Sector for International Judicial Assistance and Cooperation
Address:
Trg BiH 1
71000 Sarajevo
Bosnia and Herzegovina
Tel. : (+ 387 33) 28 15 56 or 28 15 59
Fax: (+ 387 33) 20 16 53
e-mail: n.sladoje@mpr.gov.ba
Web site: http://www.mpr.gov.ba

Requests for service of process utilizing the USM-94 form or the model request form on the Hague Conference Service webpage should be completed in duplicate and sent with the documents to be served, and appropriate translations of the documents to be served to the Central Authority for Bosnia and Herzegovina. The official languages are Bosnia, Serbian and Croatian. The form must be executed by a clerk of court or an attorney. For additional information about any fees, declarations or reservations made by Bosnia and Herzegovina regarding the Convention, see the Hague Conference Service Convention webpage.

Obtaining Evidence in Civil and Commercial Matters:

Bosnia and Herzegovina is a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. The Convention provides a mechanism for the taking of voluntary depositions and compulsion of evidence in civil and commercial matters. The Convention entered into force for Bosnia and Herzegovina August 15, 2008. The Central Authority of Bosnia and Herzegovina designated to receive and transmit requests for evidence is the Ministry of Justice. Compulsion of evidence under the Convention requires preparation of a Letter of Request, with appropriate translation, using the Convention Model Letter of Request. The request must be transmitted by the court in the United States to the Central Authority of Bosnia and Herzegovina in the Ministry of Justice.

The U.S. Central Authority to receive requests from Bosnia and Herzegovina under the Convention is the Office of International Judicial Assistance, Civil Division, Department of Justice, 1100 L St., N.W., Room 11006, Washington, D.C. 20530, tel: 202) 307-0983; fax: (202) 514-6584.

Bosnia and Herzegovina Process Service
Taking Voluntary Depositions of Willing Witnesses:

There is nothing in the laws of Bosnia and Herzegovina that prohibits U.S. lawyers from taking depositions in Bosnia and Herzegovina from a voluntary witness for use in U.S. courts. Telephone depositions and video teleconference testimony are possible if the deponent agrees to be deposed voluntarily. A U.S. consular officer can administer an oath if arrangements are made prior to the deposition and a deposit for the appropriate fees has been received. Requests for assistance of a U.S. consular officer to administer oaths to willing witnesses participating in voluntary depositions should be directed to the American Citizen Services section of the U.S. Embassy in Sarajevo. See 22 CFR 22.1 for current consular fees.

Travel to Bosnia and Herzegovina for Judicial Assistance Activities:

Before traveling to Bosnia and Herzegovina to participate in a deposition, see the Country Specific Information and any applicable Travel Alerts or Travel Warnings. It is also recommended that U.S. travelers register with the U.S. Embassy using their on-line registration system. If a U.S. Executive Branch official will participate in the deposition, please contact the agency office responsible for arranging the travel or askpri@state.gov for assistance in obtaining host country clearance for the travel of U.S. officials to conduct judicial assistance activities abroad.

Criminal Matters:

Requests for compulsion of evidence in criminal matters may be prepared in the form of letters rogatory. For general guidance about preparation and transmittal of such requests, see Letters Rogatory feature. Letters rogatory must be accompanied by an appropriate translation of the letters rogatory and attachments. See 22 CFR 22.1 for current consular fees. Mailing address: Overseas Citizens Services, CA/OCS/ACS/EUR, U.S. Department of State, SA-29, 4th Floor, 2201 C Street, N.W., Washington, D.C. 20520. Once the letters rogatory are received by the Department of State, they will be transferred to the U.S. Embassy in Sarajevo. The U.S. Embassy will forward the letters rogatory to the Foreign Ministry, which is charged with transferring the case to the Ministry of Justice. The Ministry of Justice will then transmit the letter rogatory to the appropriate court for action. For additional information, contact the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services and Crisis Management, European Division, 1-888-407-4747. Requesting counsel should be aware that when letters rogatory are executed by foreign courts which compel the appearance of a witness to answer written interrogatories, the evidence is taken in accordance with the rules of the foreign court. In many cases an American attorney will not be permitted to actively participate in such a proceeding but rather the judge would conduct the questioning. Occasionally, a foreign attorney may be permitted to attend such a proceeding and even to put forth additional questions to the witness. Not all foreign countries utilize the services of court reporters or routinely provide verbatim transcripts. Sometimes the presiding judge will dictate his or her recollection of the witness’s responses after the testimony has been heard in court. Generally letters rogatory worldwide, including those sent to the United States, take from six months to a year to execute.

Authentication of Documents:

Bosnia and Herzegovina is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents. For information about the authorities in Bosnia and Herzegovina competent to issue Apostille Certificates, see the Bosnia and Herzegovina declaration on the Hague Conference . See also the U.S. Department of State Authentications Office webpage.

Lists of Attorneys in Bosnia and Herzegovina:

See the U.S. Embassy in Bosnia and Herzegovina’s List of Attorneys

 

U.S. Embassy Location : U.S. Embassy, Consular Section, American Citizens Services, U.S. Embassy is located at Alipasina 43, Sarajevo, Bosnia and Herzegovina, telephone (387) (33) 445-700, fax: (387) (33) 221-837

U.S. Links
Library of Congress Guide to Law Online – Bosnia and Herzegovina
Bosnia and Herzegovina Background Notes
World Fact Book – Bosnia and Herzegovina

Bosnia and Herzegovina Government Links
Ministry of Justice of Bosnia and Herzegovina
Ministry of Justice International Legal Assistance and Cooperation
Ministry of Justice International Child Abduction

 

Bosnia and Herzegovina Process Service