The
Governments of the Member States of the Organization
of American States, desirous of concluding a convention
on a legal regime of powers of attorney to be used
abroad, have agreed as follows:
Article
1- Powers
of attorney duly given in one of the States Parties
to this Convention shall be valid in any of the other
States Parties, provided they comply with the provisions
of the Convention.
Article
2-
The formalities and solemnities to be observed
in giving a power of attorney to be used abroad shall
be governed by the law of the place in which it was
given unless the principal chooses to submit to the
law of the State in which the power of attorney is
to be used. In any case, should the law of the State
in which a power of attorney is to be used require
solemnities essential to its validity, such law shall
govern.
Article
3- Should
the State in which the power of attorney is given
not recognize a special solemnity required under the
law of the State in which the power of attorney is
to be [used, compliance with Article 7 of this Convention
shall suffice.
Article
4- The requirements
with respect to publicity pertaining to a power of
attorney shall be governed by the law of the State
in which it is to be used.
Article
5-
The effects and use of the power of attorney
shall be governed by the law of the State in which
it is to be used.
Article
6- In all
powers of attorney, the official responsible for legalizing
them shall certify or attest to the following, if
competent to do so:
a.
The identity of the principal as well as his statement
as to his nationality, age, domicile, and marital
status;
b.
The authority of the principal to give a power of
attorney on behalf of another natural person;
c.
The legal existence of the juridical person on whose
behalf the power of attorney is given;
d.
The power of the principal to represent the juridical
person and his authority to grant the power of attorney
on its behalf.
Article
7- Should
there be no official in the State in which the power
of attorney is given who is competent to certify or
attest to the items mentioned in Article 6, the following
formalities shall be observed:
a.
The power of attorney shall include a sworn statement
by the principal, or an affirmation that he will tell
the truth, about the items specified in Article 6
a. ;
b.
Legalized copies or other evidence with respect to
the items specified in paragraphs b, c, and d of the
same article shall be appended to the power of attorney;
c.
The signature of the principal shall be authenticated;
d.
Such other requirements shall be observed as may be
stipulated in the law under which the power of attorney
is given.
Article
8-
Powers
of attorney shall be legalized when the law of the
place where they are to be used so requires.
Article
9- Powers
of attorney granted in a language different from the
official language of the State in which they are to
be used shall be translated into that official language.
Article
10-
This
Convention shall not limit any provisions regarding
powers of attorney in bilateral or multilateral agreements
that may have been signed or may be signed in the
future by the States Parties, in particular the Protocol
on Uniformity of Powers of Attorney which are to be
Used Abroad or the Washington Protocol of 1940, or
preclude the continuation of more favorable practices
in that regard that may be followed by the States
Parties.
Article
11-
The agent
need not state his acceptance in the instrument itself
for the power of attorney to be valid. This acceptance
shall result from the use of the power of attorney.
Article
12- The State of destination may refuse to execute
a power of attorney if it is manifestly contrary to
its public policy ("ordre public").
Article
13-
This
Convention shall be open for signature by the Member
States of the | Organization of American States.
Article
14- This
Convention is subject to ratification. The instruments
of ratification I shall be deposited with the General
Secretariat of the Organization of American States.
Article
15- This Convention shall remain open for accession
by any other State. The instruments of accession shall
be deposited with the General Secretariat of the Organization
of American States.
Article
16- This
Convention shall enter into force on the thirtieth
day following the date of deposit of the second instrument
of ratification.
For
each State ratifying or acceding to the Convention
after the deposit of the second instrument of ratification,
the Convention shall enter into force on the thirtieth
day after deposit by such State of its instrument
of ratification oraccessiol
Article
17- If a State Party has two or more territorial
units in which different systems of law apply in relation
to the matters dealt with in this Convention, it may,
at the time of signature, ratification or accession,
declare that this Convention shall extend to all its
territorial units or only to one or more of them.
Such
declaration may be modified by subsequent declarations,
which shall expressly indicate the territorial unit
or units to which the Convention applies. Such subsequent
declarations shall be transmitted to the General Secretariat
of the Organization of American States, and shall
become effective thirty days after the date of their
receipt.
Article
18- This
Convention shall remain in force indefinitely, but
any of the States Parties may denounce it. The instrument
of denunciation shall be deposited with the General
Secretariat of the Organization of American States.
After one year from the date of deposit of the instrument
of denunciation, the Convention shall no longer be
in effect for the denouncing State, but shall remain
in effect for the other States Parties.
Article
19- The original
instrument of this Convention, the English, French,
Portuguese and Spanish texts of which are equally
authentic, shall be deposited with the Genera Secretariat
of the Organization of American States. The Secretariat
shall notify the Member States of the Organization
of American States and the States that have acceded
to the Convention of the signatures, deposits of instruments
of ratification, accession, and denunciation as well
as of reservations, if any. It shall also transmit
the declarations referred to in Article 17 of this
Convention,
IN
WITNESS WHERE OF the undersigned Plenipotentiaries,
being duly authorized thereto by their respective
Governments, have signed this Convention.
DONE
AT PANAMA CITY, Republic of Panama, this thirtieth
day of January one thousand nine hundred and seventy-five.