Cape Verde Judicial Assistance


Cape Verde 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.

Summary

Judicial assistance between the United States and Cape Verde is governed by the Vienna Convention on Consular Relations (VCCR), 21 UST 77; 596 UNTS 261; TIAS 6820 (Article 5) and applicable local law. Cape Verde is not a party to the Hague Conventions on Service, Evidence or Legalization of Documents. There is no bilateral treaty in force between the United States and Cape Verde on Mutual Legal Assistance in criminal matters.

Service of Process

U.S. consular officers are generally prohibited from serving legal documents (22 CFR 92.85). Cape Verde is not a party to the Hague Service Convention. In the absence of any prohibition against it, service of process in Cape Verde may be effected by mail, by agent, such as a local attorney, or through letters rogatory. Service by letters rogatory through the diplomatic channel can take more than a year. See the Department of State circular Preparation of Letters Rogatory. You may wish to consult an attorney in Cape Verde before selecting a particular method of service to attempt to ensure that the procedures you follow are in accordance with local law. This may be particularly significant if you wish to enforce an American judgment in Cape Verde.

Obtaining Evidence

Article 5 (f) of the Vienna Convention on Consular Relations, to which the United States and Cape Verde are parties, provides that consular functions consist in “acting as a notary …provided that there is nothing contrary thereto in the laws and regulations of the receiving State.” Consular responsibilities with respect to taking depositions are statutorily recognized in U.S. law. See 22 U.S.C. 4215 and 28 U.S.C. 4221 ; and Rule 28 of the Federal Rules of Civil Procedure.

The U.S. embassy has been informed by the Government of Cape Verde that the laws and regulations of Cape Verde do not prohibit the taking of voluntary depositions. Depositions may be taken of willing witnesses before a U.S. consular officer from the U.S. embassy. You may wish to consult a local attorney in Cape Verde to determine if alternative procedures are acceptable under local law.

Compulsion of evidence may be sought in Cape Verde in the form of letters rogatory with Portuguese translation of both the letters rogatory and any accompanying documents. For general guidance about preparation and transmittal of such requests, see our Preparation of Letters Rogatory circular. Letters rogatory for compulsion of evidence should be transmitted to the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services and Crisis Management, Africa Division, CA/OCS/ACS/AF. Mailing address: SA-29, 4th Floor, 2201 C Street N.W., Washington, D.C. 20520. You may wish to consult a local attorney in Cape Verde before pursuing letters rogatory to determine if alternative procedures are acceptable under local law.

Travel to Cape Verde for Judicial Assistance Activities

Before traveling to Cape Verde for judicial assistance related activities, see the Consular Country Specific Information sheet and any applicable Travel Alerts and Travel Warnings. It is also recommended that U.S. travelers register with the U.S. Embassy using our on-line registration system. For the travel of U.S. government officials for judicial assistance purposes, no host country clearance is required, however U.S. Embassy clearance is required for official travel of U.S. Government officials. Questions regarding country clearance for judicial assistance may be directed to CA-OCS-liaison@state.gov.

Fees

22 CFR 22.1 provides a listing of current consular fees for depositions and letters rogatory. Fees should be made payable to the U.S. Embassy Praia. Payment should be in the form of a certified or corporate check. No U.S. consular fees are charged for letters rogatory requested by U.S., state or local government officials or for persons determined by a court to be indigent.

Authentication of Documents 

Cape Verde is not party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents . For information about authentication of documents prepared in the United States for use in Cape Verde, see the U.S. Department of State Authentications Office webpage. Documents originating in Cape Verde may be authenticated for use in the United States by the U.S. Embassy which can authenticate the seal of the Ministry of Foreign Affairs. Requesters are responsible for obtaining any underlying authentications of local documents from Cape Verde, including the seal of the Ministry of Foreign Affairs before seeking the U.S. Embassy authentication. 22 CFR 22.1 provides a listing of current consular fees.

Enforcement of Judgments

There is no treaty in force between the United States and any country on the reciprocal enforcement of judgments. See the Department of State general circular Enforcement of Judgments.

Lists of Attorneys in Cape Verde

A list of local attorneys who are prepared to assist American citizens with legal issues in Cape Verde is available in the Consular Section at the U.S. Embassy in Cape Verde . See also Retaining a Foreign Attorney.

Address of the American Embassy In Cape Verde

The Embassy of the United States of America Rua Abilio Macedo 6 Praia,
Cape Verde telephone (238) 260-8900 fax number is (238) 261-1355
Email: praiaconsularsection@state.gov
Webpage: http://praia.usembassy.gov/ Links
U.S. Department of State Links Cape Verde Consular Country Specific Information


Background Notes – Cape Verde Human Rights Report
Cape Verde Intercountry Adoption Cape Verde

Other U.S. Government Links

Library of Congress Law Library – Cape Verde World Fact Book – Cape Verde

NGO Links

Constitution Finder, University of Richmond – Cape Verde (English and Portuguese)
World Legal Materials – Africa, Cornell Law School – Cape Verde
Cape Verde HomePage – UMass Dartmouth

Cape Verde Government Links

Embassy of Cape Verde to the United States Ministry of Justice of Cape Verde (Portuguese)
Cape Verde Supreme Court (Portuguese)