|Party to Hague Service Convention?
|Party to Hague Evidence Convention?
|Party to Hague Apostille Convention?
|Party to Inter-American Convention?
|Service of Process by Mail?
DISCLAIMER: THE INFORMATION IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A SPECIFIC CASE. QUESTIONS
INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO THE APPROPRIATE FOREIGN AUTHORITIES OR FOREIGN COUNSEL.
Judicial assistance between the United States and Austria is governed by the Vienna Convention on Consular Relations (VCCR), 21 UST 77; 596 UNTS 261.
- Embassies and Consulates
U.S. Embassy Vienna
1090 Vienna, Austria
Telephone: 43- 1-31339-7535
Emergency Telephone: (+43 1) 313 39
Fax: 43-1-512 58 35
- List of Attorneys
- U.S. Embassy Vienna
- Helpful Links
- Service of Process
Austria is not a party to the Hague Service Convention. U.S. litigants seeking to serve process in Austria may wish to consult
legal counsel in Austria for guidance. Austrian authorities have advised the U.S. Embassy and the U.S. Department of State
that, in the absence of any other international agreement, service of process in Austria may be accomplished by making a formal
request via letters rogatory. If service of process from the United States is attempted in Austria by certain methods detailed
in Rule 4 of the U.S. Federal Rules of Civil Procedure, such as service by mail; or service by a local agent such as a local
attorney or service by publication, that may not constitute service of process under Austrian law and may be considered a
violation of Austrian sovereignty.
Service on a Foreign State
See also our Service Under the Foreign Sovereign Immunities Act (FSIA) feature and FSIA Checklist for questions about service on a foreign state, agency or instrumentality.
- Criminal Matters
Prosecution Requests: U.S. federal or state prosecutors should contact the Office of International Affairs, Criminal Division, Department of Justice for guidance.
Defense Requests in Criminal Matters: Criminal defendants or their defense counsel seeking judicial assistance in obtaining evidence or in effecting service of
documents abroad in connection with criminal matters may do so via the letters rogatory process.
- Obtaining Evidence in Civil and Commercial Matters
- Taking Voluntary Depositions of Willing Witnesses
- Austria is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. Although Article XVIII of the Friendship, Commerce and Consular Rights Treaty and Supplementary Agreement between the United
States of America and Austria (1928, 1931) included specific provisions about the taking of depositions of by consular officers
of nationals of their own country or permanent residents, Austrian authorities have informed the U.S. Department of State
and the U.S. Embassy in Vienna that voluntary depositions of willing witnesses may not be taken of Austrian citizens and that
depositions of U.S. nationals or permanent residents can only be taken with specific permission of the Ministry of Foreign
Affairs. Permission is not generally granted.
- Authentication of Documents
- Austria is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents. Austria’s competent authority for the Hague Apostille Convention will authenticate Austian public documents with Apostilles. For information about authenticating U.S. public documents for
use in Austria, see the list of U.S. Competent Authorities. To obtain an Apostille for a U.S. Consular Report of Birth Abroad of a Citizen of the United States of America, contact
the U.S. Department of State, Passport Services, Vital Records Office.