Kuwait Judicial Assistance


Disclaimer: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only and may not be totally accurate in a particular case.  Questions involving interpretation of specific foreign laws should be addressed to foreign counsel.  This circular seeks only to provide information; it is not an opinion on any aspect of U.S., foreign, or international law.  The U.S. Department of State does not intend by the contents of this circular to take a position on any aspect of any pending litigation.

Service of Process
Kuwait Central Authority for the Hague Service Convention
Obtaining Evidence in Civil and Commercial Matters
Kuwait Central Authority for Hague Evidence Convention
Taking Voluntary Depositions of Willing Witnesses
Travel to Kuwait for Judicial Assistance Activities
Criminal Matters
Authentication of Documents
Lists of Attorneys and Translators in Kuwait
Links


Service of Process:  Kuwait is a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters.  For general guidance about how to transmit requests for service of process, see our Hague Service Convention featureNote:   Kuwait objects to service by mail (Article 10 (a) of the Convention.)  Persons requesting service of process of U.S. documents in Kuwait should transmit the USM-94 form, in duplicate, with Arabic translations of the documents to be served directly to the Kuwait Central Authority.  See our Service Under the Foreign Sovereign Immunities Act (FSIA) feature and FSIA Checklist for questions about service on a foreign state, agency or instrumentality.


Kuwait Central Authority for the Hague Service Convention:  Ministry of Justice, Department of International Relations, P.O. Box 6, Safat 13001, Kuwait, tel:  965-248-6057/246-6074.  See the Hague Conference on Private International Law Internet webpage for any declarations or reservations made by Kuwait when it acceded to the treaty and up to date information about the Kuwait Central Authority for the Hague Service Convention and Kuwait Central Authority for the Hague Evidence Convention.


Obtaining Evidence in Civil and Commercial Matters:  Kuwait is a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters.  Kuwait did not object to any of the methods of obtaining evidence specified in the Hague Evidence Convention, including the taking of voluntary depositions.  See Taking Depositions below.  Requests for compulsion of evidence in Kuwait should be transmitted by courts in the United States to the Kuwait Central Authority using the model letter of request format.  For general guidance about how to transmit requests for evidence, see our Hague Evidence Convention feature


Kuwait Central Authority for the Hague Evidence Convention:  Ministry of Justice, Department of International Relations, P.O. Box 6, Safat 13001, Kuwait, tel:  965-248-6057/246-6074.  See the Hague Conference on Private International Law Internet webpage for any declarations or reservations made by Kuwait when it acceded to the treaty and up to date information about the Kuwait Central Authority for the Hague Evidence Convention.


Taking Voluntary Depositions of Willing Witnesses:  For information about consular authority and procedures for taking depositions, see our general feature on Obtaining Evidence Abroad.  See 22 CFR 22.1 for current consular fees.  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 Consular Section at the U.S. Embassy in Kuwait.  Telephone depositions and video teleconference testimony are possible in Kuwait if the deponent agrees to do so voluntarily, but generally requires that U.S. litigants work with a Kuwaiti law firm to make the arrangements.  See the List of Lawyers prepared by the U.S. Embassy in Kuwait at http://kuwait.usembassy.gov.  A U.S. consular officer can administer an oath if arrangements are made prior to the deposition and the consular deposition fee(s) (22 CFR 22.1) is paid for the officer’s service and travel time.  No advance permission from the Kuwait Central Authority for the Hague Evidence Convention is required. 


Travel to Kuwait for Judicial Assistance Activities:  Before traveling to Kuwait 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 our on-line registration system.  If a U.S. federal, state or local official will participate in the deposition, contact the Office of American Citizens Services and Crisis Management for the Near East and South Asia (1-888-407-4747) for assistance in obtaining host country clearance for the travel of U.S. officials to conduct judicial assistance activities abroad.  See also Tips for Travelers to the Middle East and North Africa and Foreign Entry Requirements.


Criminal Matters:  Requests for compulsion of evidence in criminal matters may be prepared in the form of a letter rogatory transmitted via diplomatic channels from the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services and Crisis Management, Near East and South Asia Division, 1-888-407-4747.  For general guidance about preparation and transmittal of such requests, see our Letters Rogatory feature


Authentication of Documents:  Kuwait is not a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents For information about authentication of documents for use abroad see our web page notarial and authentication feature.  See also the U.S. Department of State Authentications Office webpage.  Additional guidance for consular officers about authentication of documents is available at 7 Foreign Affairs Manual 870.


Lists of Attorneys and Translators in Kuwait:  See the U.S. Embassy in Kuwait’s list of Kuwaiti attorneys and list of translators.

Links
International Parental Child Abduction Kuwait
Library of Congress Guide to Law Online – Kuwait
Kuwait Background Notes
World Fact Book - Kuwait