Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 1 of 47 PageID #: 6828
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 1 of 47 PagelD #: 6828
`
`EXHIBIT 2
`EXHIBIT 2
`
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 2 of 47 PageID #: 6829
`
`italics
`
`PRINT
`
`Barbados
`
`Colombia
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`1/46
`
`Contracting Parties to this Convention that are also Members of the HCCH (i.e., the Organisation) are in bold; Contracting
`Parties that are not Members of the HCCH are in
`.
`Contracting Party
`S
`R/A/S
`Type
`EIF
`EXT
`Auth
`Res/D/N/DC
`Albania
`16-VII-
`2010
`A*
`14-IX-
`2010
`1
`D
`Andorra
`26-IV-
`2017
`A*
`25-VI-
`2017
`2
`D,Res
`Argentina
`8-V-1987
`A*
`7-VII-
`1987
`1
`D,Res
`Armenia
`27-VI-
`2012
`A*
`26-VIII-
`2012
`1
`D,Res
`Australia
`23-X-1992
`A*
`22-XII-
`1992
`3
`D,Res
`5-III-1981
`A*
`4-V-1981
`1
`Belarus
`7-VIII-
`2001
`A*
`6-X-2001
`2
`D,Res
`Bosnia and Herzegovina
`16-VI-
`2008
`A*
`15-VIII-
`2008
`1
`Brazil
`9-IV-2014
`A*
`8-VI-2014
`1
`D,Res
`Bulgaria
`23-XI-
`1999
`A*
`22-I-2000
`2
`D,Res
`China
`8-XII-1997
`A*
`6-II-1998
`4
`D,N,Res
`13-I-2012
`A*
`13-III-
`2012
`1
`Costa Rica
`16-III-
`2016
`A*
`15-V-
`2016
`1
`Croatia
`1-X-2009
`A*
`30-XI-
`2009
`1
`D,Res
`1
`2
`3
`4
`5
`6
`7
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 3 of 47 PageID #: 6830
`
`Kuwait
`
`Liechtenstein
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`2/46
`
`Contracting Party
`S
`R/A/S
`Type
`EIF
`EXT
`Auth
`Res/D/N/DC
`Cyprus
`13-I-1983
`A*
`14-III-
`1983
`3
`D,Res
`Czech Republic
`28-VI-
`1993
`Su
`1-I-1993
`2
`D
`Denmark
`18-IV-
`1972
`20-VI-
`1972
`R
`7-X-1972
`2
`D,Res
`El Salvador
`19-I-2023
`A*
`20-III-
`2023
`1
`D,Res
`Estonia
`2-II-1996
`A*
`2-IV-1996
`2
`D
`Finland
`9-III-1976
`7-IV-1976
`R
`6-VI-1976
`2
`D,Res
`France
`24-VIII-
`1972
`7-VIII-
`1974
`R
`6-X-1974
`1
`2
`D,Res
`Georgia
`31-V-2021
`A*
`30-VII-
`2021
`1
`D,Res
`Germany
`18-III-
`1970
`27-IV-
`1979
`R
`26-VI-
`1979
`2
`D,Res
`Greece
`18-I-2005
`18-I-2005
`R
`19-III-
`2005
`2
`D,Res
`Hungary
`13-VII-
`2004
`A*
`11-IX-
`2004
`2
`D,Res
`Iceland
`10-XI-
`2008
`A*
`9-I-2009
`1
`D,Res
`India
`7-II-2007
`A*
`8-IV-2007
`3
`D
`Israel
`11-XI-
`1977
`19-VII-
`1979
`R
`17-IX-
`1979
`2
`D
`Italy
`6-II-1975
`22-VI-
`1982
`R
`21-VIII-
`1982
`2
`D
`Kazakhstan
`26-IX-
`2016
`A*
`25-XI-
`2016
`2
`D,Res
`8-V-2002
`A*
`7-VII-
`2002
`1
`Latvia
`28-III-
`1995
`A*
`27-V-
`1995
`2
`D
`12-XI-
`2008
`A*
`11-I-2009
`1
`D
`1
`2
`3
`4
`5
`6
`7
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 4 of 47 PageID #: 6831
`
`Seychelles
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`3/46
`
`Contracting Party
`S
`R/A/S
`Type
`EIF
`EXT
`Auth
`Res/D/N/DC
`Lithuania
`2-VIII-
`2000
`A*
`1-X-2000
`2
`D,Res
`Luxembourg
`2-V-1975
`26-VII-
`1977
`R
`24-IX-
`1977
`2
`D,Res
`Malta
`24-II-2011
`A*
`25-IV-
`2011
`2
`Res
`Mexico
`27-VII-
`1989
`A*
`25-IX-
`1989
`1
`D,Res
`Monaco
`17-I-1986
`A*
`18-III-
`1986
`2
`D,Res
`Montenegro
`16-I-2012
`A*
`16-III-
`2012
`2
`D,Res
`Morocco
`24-III-
`2011
`A*
`23-V-
`2011
`1
`Netherlands
`8-IV-1981
`R
`7-VI-1981
`1
`3
`D,Res
`Nicaragua
`27-II-2019
`A*
`28-IV-
`2019
`1
`Res,DC
`North Macedonia
`19-III-
`2009
`A*
`18-V-
`2009
`D
`Norway
`18-III-
`1970
`3-VIII-
`1972
`R
`7-X-1972
`3
`D,Res
`Poland
`13-II-1996
`A*
`13-IV-
`1996
`3
`Res
`Portugal
`18-III-
`1970
`12-III-
`1975
`R
`11-V-
`1975
`2
`D,Res
`Republic of Korea
`14-XII-
`2009
`A*
`12-II-
`2010
`2
`D,Res
`Romania
`21-VIII-
`2003
`A*
`20-X-
`2003
`2
`D,Res
`Russian Federation
`1-V-2001
`A*
`30-VI-
`2001
`D
`Serbia
`2-VII-2010
`A*
`31-VIII-
`2010
`3
`D
`7-I-2004
`A*
`7-III-2004
`2
`D
`Singapore
`27-X-1978
`A*
`26-XII-
`1978
`1
`D,Res
`1
`2
`3
`4
`5
`6
`7
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 5 of 47 PageID #: 6832
`
`Type
`Czech Republic Type Succession
`
`France Type Ratication
`
`Translation by the Permanent Bureau:
`
`Slovakia Type Succession
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`4/46
`
`Contracting Party
`S
`R/A/S
`Type
`EIF
`EXT
`Auth
`Res/D/N/DC
`Slovakia
`15-III-
`1993
`Su
`1-I-1993
`2
`D
`Slovenia
`18-IX-
`2000
`A*
`17-XI-
`2000
`1
`South Africa
`8-VII-1997
`A*
`6-IX-1997
`3
`D,Res
`Spain
`21-X-
`1976
`22-V-1987
`R
`21-VII-
`1987
`2
`D,Res
`Sri Lanka
`31-VIII-
`2000
`A*
`30-X-
`2000
`1
`D,Res
`Sweden
`21-IV-
`1975
`2-V-1975
`R
`1-VII-
`1975
`1
`D
`Switzerland
`21-V-
`1985
`2-XI-1994
`R
`1-I-1995
`3
`D,Res
`Türkiye
`13-XII-
`2000
`13-VIII-
`2004
`R
`12-X-
`2004
`2
`D,Res
`Ukraine
`1-II-2001
`A*
`1-IV-2001
`2
`D,Res
`United Kingdom of Great Britain and
`Northern Ireland
`18-III-
`1970
`16-VII-
`1976
`R
`14-IX-
`1976
`8
`3
`D,N,Res
`United States of America
`27-VII-
`1970
`8-VIII-
`1972
`R
`7-X-1972
`3
`3
`D
`Venezuela (Bolivarian Republic of)
`1-XI-1993
`A*
`31-XII-
`1993
`1
`D,Res
`Viet Nam
`4-III-2020
`A*
`3-V-2020
`1
`D
`On 28 January 1993, the Czech Republic declared itself to be bound by the Convention – including reservations and
`declarations made by Czechoslovakia – as of January 1, 1993, date of the division of Czechoslovakia.
`The instrument of ratication of France (a copy of which can be downloaded here) clearly indicates that the Convention applies
`to the entire territory of the French Republic. Consequently, besides Metropolitan France and the Overseas Departments
`(French Guyana, Guadeloupe, Reunion, Martinique), the Convention applies to all of the other French overseas territories.
`On 15 March 1993, the Slovak Republic declared itself to be bound by the Convention – including reservations and
`declarations made by Czechoslovakia as well as objections by Czechoslovakia in respect of reservations made by other Treaty
`Parties – as of January 1, 1993, date of the division of Czechoslovakia.
`1
`2
`3
`4
`5
`6
`7
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 6 of 47 PageID #: 6833
`
`Res/D/N
`Albania Articles Declarations
`
`c
`
`Andorra Articles Declarations Reservations
`
`(Translation)
`
`(Translation)
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`5/46
`
`In accordance with the rst paragraph of Article 33 of the Convention, the Republic of Albania reserves the right to accept for
`review the letters of request which are drafted in Albanian language or accompanied by an ocial translation into Albanian
`language.
`In accordance with letter
` of Article 35 of the Convention, the Republic of Albania declares that it shall not execute the letters
`of request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries.
`Reservation:
`09-04-2014
`Pursuant to Article 4, paragraph 2, it will only accept Letters of Request drawn up in the Catalan, Spanish or French languages
`or accompanied by a translation into one of these languages.
`Declarations:
`09-04-2014
`1. The Principality of Andorra designates the Ministry of Justice as the Central Authority provided for in Article 2 and the
`authority competent to authorize the members of the judicial personnel of the requesting authority to be present at the
`execution of a Letter of Request in accordance with Article 8:
`Postal address:
`Ministry of Social Aairs, Justice and Interior
`Edici administratiu de l’Obac
`Ctra. de l'Obac
`AD700 Escaldes-Engordany
`Principality of Andorra
`Tel. : +376 872 080
`Fax : +376 864 950
`Email: interior_gov@andorra.ad
`2. Pursuant to Article 15, paragraph 2, evidence may be taken by diplomatic ocers or consular agents only with the prior
`permission of the Central Authority.
`3. Pursuant to Articles 16 and 17, the Central Authority is designated as the competent authority to permit, where applicable:
`- the diplomatic ocers or consular agents of a Contracting State, to take evidence, without compulsion, involving persons
`other than nationals of that State in aid of proceedings commenced in the courts of the State which they represent;
`- the persons duly appointed as commissioners, to take evidence, without compulsion, in aid of proceedings commenced in
`the courts of a Contracting State.
`This permission, which will be on a case-by-case basis, is subject, if necessary, to special conditions and must be subject to the
`following general conditions:
`a) the taking of evidence must take place exclusively on the premises of the diplomatic or consular representations if they are
`located in the Andorran territory or at the place decided by the Central Authority in the other cases;
`b) the date and time of the taking of evidence must be notied in good time to the Central Authority to enable it to be
`represented;
`c) a request to persons to appear or to give evidence shall be drawn up in the Catalan language or accompanied by a
`translation into such language. This request shall mention that the investigation is carried out in accordance with the
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 7 of 47 PageID #: 6834
`
`Argentina Articles Declarations Reservations
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`6/46
`
`provisions of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters and
`shall fall within the scope of a judicial proceeding before a designated court of the requesting State. The request shall also
`contain the references provided for in Article 21 of the Convention. A copy of the request shall be sent to the Central Authority,
`who will also be informed of any diculties.
`4. With regard to Article 8, the presence of the members of the judicial personnel of the requesting authority shall be possible
`only after obtaining the authorization of the Central Authority.
`5. Pursuant to Article 23, Letters of Request issued for the procedure known as obtaining pre-trial discovery of documents will
`not be executed.
`03-09-1980
`The Argentine Government declares that the extension of the[...] Convention on the Taking of Evidence Abroad in Civil or
`Commercial Matters (18-03-1970), made by the United Kingdom of the Islas Malvinas, Georgias del Sur and Sandwich del Sur,
`identied by Great Britain as Falkland Islands and its Dependencies, does not aect the Rights of the Argentine Republic on
`the mentioned archipelago.
`The illicitness of the action of the United Kingdom (occupation by force of the Islands in 1833 and expulsion of the local
`inhabitants) has been constantly pointed out by the Republic of Argentina. Likewise, the U.N. in its G.A. resolutions 2065(XX),
`3160(XXVIII) and 31/49 has urged both Governments to accelerate the negotiations on the existing sovereignty dispute, so as
`to put an end to the present colonial situation.
`Objection United Kingdom, 06-01-1981
`The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to United
`Kingdom sovereignty over the Falkland Islands and their Dependencies. The United Kingdom is fully entitled to
`include them within the scope of application of international agreements to which it is a party. The United
`Kingdom therefore cannot accept the Argentine declaration referred to above in so far as it purports to question
`the right of the United Kingdom to extend the said Conventions to the Falkland Islands and their Dependencies
`nor can it accept that the Government of the Argentine Republic has any right in this regard.
`The United Kingdom further does not accept the implied assertion in the last paragraph of the Argentine
`declaration that the United Nations has pointed out the "illicitness of the action of the United Kingdom
`(occupation by force of the Islands in 1833 and expulsion of the local inhabitants)". United Nations resolutions
`have simply called for the settlement of the dispute by negotiation between the two Governments.
`08-05-1987
`The Argentine Republic totally excludes the application of the provisions of paragraph 2 of Article 4, as well as those of Chapter
`II.
`The Argentine Republic will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of
`documents as known in the Common Law Countries.
`The Argentine Republic rejects the extension of the application of the Convention regarding the Taking of Evidence Abroad in
`Commercial or Civil Matters adopted in The Hague on 18 March 1970, to the Malvinas Islands, South Georgias and the South
`Sandwich Islands as was notied by the United Kingdom of Great Britain and Northern Ireland to the Ministry of Foreign
`Aairs of the Kingdom of the Netherlands on 23 November 1979, and rearms its sovereign rights over the Malvinas Islands,
`South Georgias and the South Sandwich Islands, which form an integral part of its national territory.
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 8 of 47 PageID #: 6835
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`7/46
`
`The General Assembly of the United Nations has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21
`and 41/40 in which is recognised that there exists a dispute over the sovereignty concerning the question of the Malvinas
`Islands and in which the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are urged to
`continue negotiating in order to nd, as soon as possible, a peaceful and denitive solution to the dispute, through the good
`oces of the Secretary General of the United Nations who shall inform the General Assembly about the progress achieved.
`Furthermore the Argentine Republic rejects the acceptance declared by the United Kingdom of Great Britain and Northern
`Ireland on 19 June 1986, on behalf of the Malvinas Islands, South Georgias and the South Sandwich Islands, regarding the
`accession by the Principality of Monaco to the aforementioned Convention.
`Objection United Kingdom, 18-08-1987
`The Government of the United Kingdom of Great Britain and Northern Ireland has no doubt as to the United
`Kingdom's sovereignty over the Falkland Islands or South Georgia and the Sandwich Islands and is fully entitled to
`include those territories within the scope of application of international agreements to which it is a party. The
`United Kingdom therefore cannot accept the Argentine declaration in so far as it purports to question the right of
`the United Kingdom to extend the Convention to the Falkland Islands or South Georgia and the South Sandwich
`Islands; nor can it accept that the Government of the Argentine Republic has any right in this regard.
`The above applies equally to the rejection by the Government of the Argentine Republic in the said declaration of
`the acceptance by the United Kingdom in respect of the Falkland Islands and South Georgia and the South
`Sandwich Islands of the accession of Monaco to the Convention.
`11-04-1988
`With respect to the acceptance by the United Kingdom of Great Britain and Northern Ireland of the adhesion of the Argentine
`Republic to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, declared by Note dated
`February 12, 1988, the Argentine Government rejects the pretended acceptance of said Convention formulated for the
`Malvinas Islands, South Georgias Islands and South Sandwich Islands and rearms the sovereignty of the Argentine Republic
`over said Islands, that are an integral part of the national territory.
`Objection United Kingdom, 08-07-1988
`The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to the United
`Kingdom's sovereignty over the Falkland Islands or South Georgia and the South Sandwich Islands and are fully
`entitled to include those territories within the scope of application of international agreements to which they are
`a party. The United Kingdom, therefore, cannot accept the Argentine declaration which purports to question the
`right of the United Kingdom to extend the Convention to the Falkland Islands or South Georgia and the South
`Sandwich Islands; nor can it accept that the Government of the Argentine Republic has any right in this regard.
`29-12-2020
`“… in connection with the notication dated 2 November 2020 by which the Depositary indicates that the United Kingdom of
`Great Britain and Northern Ireland has accepted on behalf of the Malvinas Islands the accession of Croatia, Hungary,
`Lithuania, Malta, Romania and Slovenia to the Convention.
`The Government of the Argentine Republic wishes to recall that the Malvinas Islands, South Georgia and the South Sandwich
`Islands and the surrounding maritime areas are an integral part of the Argentine national territory and that, being under
`illegitimate British occupation, are the subject of a sovereignty dispute between the two countries, which is recognized by
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 9 of 47 PageID #: 6836
`
`Armenia Articles Declarations Reservations
`
`Australia Articles Declarations Reservations
`
`Belarus Articles Declarations Reservations
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`8/46
`
`Resolution 2065 (XX) and subsequent resolutions of the United Nations General Assembly and 38 resolutions of the Special
`Committee on Decolonization, as well as by other international organizations and fora.
`The Argentine Republic recalls that at the time of its accession it rejected the claim notied by the United Kingdom of Great
`Britain and Northern Ireland to extend to the Malvinas Islands, South Georgia and South Sandwich Islands and the
`surrounding maritime areas the application of the Convention on the Taking of Evidence Abroad in Civil or Commercial
`Matters. Similarly, the Argentine Republic rejected the acceptance of accession by the Principality of Monaco, which was
`formulated on 19 June 1986 by the United Kingdom of Great Britain and Northern Ireland on behalf of the Malvinas Islands,
`South Georgia and the South Sandwich Islands.
`In the light of those precedents, the Argentine Republic emphatically rejects the United Kingdom's claim to include the
`Malvinas Islands in the acceptance and entry into force of the Convention for Croatia, Hungary, Lithuania, Malta, Romania and
`Slovenia.”
`In accordance with Article 33 of the Convention, Republic of Armenia makes the following reservation:
`- Republic of Armenia excludes, in whole, the application of the provisions of paragraph 2 of Article 4 of the Convention.
`Republic of Armenia makes the following declarations:
`- In accordance with Article 8 of the Convention, Republic of Armenia declares that members of the judicial personnel of the
`requesting authority of another Contracting State may be present at the execution of a Letter of Request only with prior
`authorization by the competent authorities of the Republic of Armenia;
`- In accordance with Articles 16 and 17 of the Convention, Republic of Armenia declares that a diplomatic ocer or consular
`agent and a person duly appointed as a commissioner may take the evidence in the territory of the Republic of Armenia
`without compulsion with prior permission by the competent authorities and on the conditions which competent authority has
`specied;
`- In accordance with Article 18 of the Convention the Republic of Armenia declares that a diplomatic ocer or consular agent
`and commissioner authorized to take evidence under Articles 15, 16 or 17 may apply to the competent authority of the
`Republic of Armenia for appropriate assistance to obtain testimony by compulsion;
`- In accordance with Article 23 of the Convention, the Republic of Armenia will not execute Letters of Request issued for the
`purpose of obtaining pre-trial discovery of documents as known in Common Law countries.
`Pursuant to Article 33, Australia excludes the operation of paragraph 2 of Article 4.
`The Government of Australia hereby declares, for and on behalf of Australia, that:
`(...)
`– pursuant to Article 8, members of the judicial personnel of the requesting authority of another Contracting State may be
`present at the execution of a Letter of Request, subject to prior authorization by the judicial authority executing the Letter of
`Request;
`– pursuant to Article 15, evidence may be taken by a diplomatic ocer or consular agent only if permission to that eect is
`given upon application to the Secretary of the Attorney-General's Department of the Commonwealth of Australia;
`– pursuant to Article 16, the Secretary to the Attorney-General's Department of the Commonwealth of Australia will be its
`competent authority for the purposes of that Article and is empowered to specify conditions with respect to any permission
`given under that Article; and
`– pursuant to Article 23, it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of
`documents as known in common law countries;
`(...)
`– pursuant to Article 40, the Convention extends to all the territories for the international relations of which it is responsible.
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 10 of 47 PageID #:
`6837
`
`Brazil Articles Declarations Reservations
`
`Bulgaria Articles Declarations Reservations
`
`China Articles Declarations Notications Reservations
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`9/46
`
`(...)
`The Republic of Belarus excludes, in whole, the application of the provisions of the paragraph 2 of the Article 4 of the
`Convention."
`Declarations:
`1. In accordance with the Article 8 of the Convention the Republic of Belarus declares that the members of the judicial
`personnel of another Contracting States may be present at the execution of a letter of Request in civil or commercial matters
`with prior authorisation by the competent authorities of the Republic of Belarus.
`(...)
`2. In accordance with Articles 16 and 17 of the Convention the Republic of Belarus declares that a diplomatic ocer or
`consular agent and a person duly appointed as a commissioner may take the evidence in the territory of the Republic of
`Belarus in civil and commercial matters without compulsion with prior permission by the competent authorities and on the
`conditions which competent authorities has specied.
`(...)
`3. In accordance with Article 18 of the Convention the Republic of Belarus declares that a diplomatic ocer or consular agent
`and commissioner authorized to take evidence under Articles 15, 16 or 17 may apply to the competent authority of the
`Republic of Belarus for appropriate assistance to obtain the evidence in civil and commercial matters by compulsion.
`(...)
`"[...], the National Congress has approved the text of the Convention [...], under the reservation referred to in [...] Article 4,
`second paragraph, and Chapter II, pursuant to its Article 33, along with the declarations under its Articles 8 and 23."
`Reservation on Article 33
`The Republic of Bulgaria excludes the application within its territory of the provisions of:
`- Article 4, paragraph 2;
`- Articles 16, 17, 18 and 19 of Chapter II of the Convention.
`(...)
`Declaration on Article 8
`Representatives of the judicial authority of the requesting State may be present at the execution of Letters of Request after
`prior consent of the competent Bulgarian authority.
`Declaration on Article 11, paragraph 2
`The judge who executes a Letter of Request is competent to recognise the privileges and duties to refuse to give evidence
`existing under the law of a third State provided that the Letter of Request contains information about the privileges and duties
`to refuse to give evidence under the law of that third State necessary to the application of Article 11, paragraph 2.
`Declaration on Article 23
`The Republic of Bulgaria declares that it will not execute Letters of Request issued for the purpose of obtaining pre-trial
`discovery of documents as known in common law countries."
`People's Republic of China:
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 11 of 47 PageID #:
`6838
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`10/46
`
`(Translation)
`"1. (...)
`2. in accordance with Article 23 of the Convention concerning the Letters of Request issued for the purpose of obtaining
`pre-trial discovery of documents as known in common law countries, only the request for obtaining discovery of the
`documents clearly enumerated in the Letters of Request and of direct and close connection with the subject matter of
`the litigation will be executed;
`3. in accordance with Article 33 of the Convention, the provisions of Chapter II of the Convention except for Article 15
`will not be applicable." (...)
`The accession will have no eect on the notication and the accompanied declarations contained in the Note of the
`Embassy of the People's Republic of China dated 10 June 1997 concerning the application of the Convention in the Hong
`Kong Special Administrative Region.
`Special Administrative Region of Hong Kong (entry into force: 22 August 1978)
`As a result of the continuation of the application of the Hague Evidence Convention to the Hong Kong Special Administrative
`Region of the People’s Republic of China (Hong Kong SAR) (see declarations below), this Convention has never ceased to be
`applicable between Hong Kong and the Contracting States to which it was applicable before Hong Kong was restored to the
`People’s Republic of China.
`A) The Convention is in force between the Hong Kong SAR and the following ratifying Contracting States:
`Czech Republic, Denmark, Finland, France, Germany, Greece, Israel, Italy, Luxembourg, Netherlands, Norway, Portugal,
`Slovakia, Spain, Sweden, Switzerland, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America.
`B) The Convention is also in force between the Hong Kong SAR and the following acceding States whose accession was
`accepted by the United Kingdom and extended to Hong Kong (now Hong Kong SAR):
`Entry into force between Hong Kong (now SAR)
`and
`Entry into
`force
`Argentina
`12-IV-1988
`Australia
`20-IV-1993
`Cyprus
`18-X-1983
`Estonia
`21-II-1997
`Latvia
`12-IX-1995
`Mexico
`16-III-1990
`Monaco
`18-VIII-1986
`Poland
`21-II-1997
`Venezuela
`15-VIII-1994
`Barbados
`21-IX-1981
`Singapore
`13-V-1979
`C) The Evidence Convention is in force between the Hong Kong SAR and the following acceding States whose accession was
`accepted by the People’s Republic of China on behalf of the Hong Kong SAR:
`Entry into force between Hong Kong (now SAR)
`and
`Entry into
`force
`Bulgaria
`25-VIII-2003
`Lithuania
`25-VIII-2003
`Sri Lanka
`25-VIII-2003
`Slovenia
`25-VIII-2003
`Ukraine
`25-VIII-2003
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 12 of 47 PageID #:
`6839
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`11/46
`
`Russian Federation
`25-VIII-2003
`Belarus
`25-VIII-2003
`Kuwait
`25-VIII-2003
`Romania
`16-X-2005
`South Africa
`24-XI-1998
`Bosnia and Herzegovina
`27-III-2009
`The former Yugoslav Republic of Macedonia
`20-IX-2009
`Croatia
`27-III-2010
`Republic of Korea
`16-VII-2010
`Albania
`14-XII-2010
`Serbia
`8-I-2011
`Malta
`31-I-2012
`Morocco
`31-I-2012
`Brazil
`26-VIII-2014
`Costa Rica
`30-X-2016
`Armenia
`15-I-2017
`Colombia
`15-I-2017
`Hungary
`15-I-2017
`Iceland
`15-I-2017
`India
`15-I-2017
`Liechtenstein
`15-I-2017
`Montenegro
`15-I-2017
`Secheylles
`15-I-2017
`Kazakhstan
`17-XI-2017
`Andorra
`6-I-2018
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 13 of 47 PageID #:
`6840
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`12/46
`
`The Ministry of Foreign Aairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16
`June 1997, the Minister for Foreign Aairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from
`the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 10 June
`1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.
`The Note from the Ambassador of the United Kingdom reads as follows:
`"Your Excellency,
`I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Aairs to refer to
`the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters done at The Hague on 18 March 1970
`(hereinafter referred to as the Convention) which applies to Hong Kong at present. I am also instructed to state that, in
`accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland
`and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the
`Government of the United Kingdom will restore Hong Kong to the People's Republic of China with eect from 1 July
`1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that
`date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the
`international rights and obligations arising from the application of the Convention to Hong Kong.
`I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the
`other Parties to the Convention. (...)
`(signed Rosemary Spencer)".
`The Note from the Ambassador of the People's Republic of China reads as follows:
`(Translation )
`"Your Excellency,
`In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of
`the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984
`(hereinafter referred to as the `Joint Declaration'), the People's Republic of China will resume the exercise of sovereignty
`over Hong Kong with eect from 1 July 1997. Hong Kong will, with eect from that date, become a Special
`Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and
`defence aairs which are the responsibilities of the Central People's Government of the People's Republic of China.
`It is provided both in Section XI of Annex I to the Joint Declaration, `Elaboration by the Government of the People's
`Republic of China of its Basic Policies Regarding Hong Kong', and Article 153 of the Basic Law of the Hong Kong Special
`Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's
`Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not
`a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special
`Administrative Region.
`In accordance with the above provisions, I am instructed by the Minister of Foreign Aairs of the People's Republic of
`China to make the following notication:
`The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters done at The Hague on 18 March 1970
`(hereinafter referred to as the "Convention"), by which the Government of the Kingdom of the Netherlands is
`designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special
`Administrative Region with eect from 1 July 1997.
`(...)
`It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of
`the other Parties to the Convention. (...)
`(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the Kingdom of
`the Netherlands)".
`

`

`HCCH | Print
`5/15/23, 6:17 PM
`Case 2:22-cv-00263-JRG-RSP Document 92-2 Filed 07/27/23 Page 14 of 47 PageID #:
`6841
`
`https://www.hcch.net/en/instruments/conventions/status-table/print/?cid=82
`
`13/46
`
`Declarations (Articles 4, 16, 23 and 33):
`1. With reference to the provisions of Article 16 of the Convention, the diplomatic ocer or consular agent of the other
`Contracting State will not be permitted to take the evidence of nationals of the People's Republic of China or of a third
`State in the Hong Kong Special Administrative Region.
`2. It declares, in accordance with Article 23 of the Convention, the Hong Kong Special Administrative Region will not
`execute the `Letters of Request issued for the purpose of obtaining pre-trial discovery of documents'. The `Letters of
`Request issued for the purpose of obtaining pre-trial discovery of documents' for the purposes of the foregoing
`Declaration include any Letter of Request which requires a person:
`1) to state what documents relevant to the proceedings to which the Letter of Request relates are, or have been, in his
`possession, custody or power; or
`2) to produce any documents other than particular documents specied in the Letter of Request as being documents
`appearing to the requested Court to be, or to be likely to be, in his possession, custody or power.
`3. (...)
`4. In accordance with Articles 4 and 33 of the Convention, the Hong Kong Special Administrative Region will not accept a
`Letter of Request in the French language. Within the ab