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NOTICE OF THE GENERAL OFFICE OF THE SUPREME PEOPLE'S COURT ON THE CHARGING OF FEES FOR THE SERVICE OF CIVIL AND COMMERCIAL DOCUMENTS TO BE EXECUTED ABROAD (THE US/SINGAPORE/CANADA) |
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(No. 242 [2003] of the General Office of the Supreme People's Court promulgated on July 29, 2003 and has come into force as of June 1, 2003) |
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SUBJECT : FEES FOR THE SERVICE OF CIVIL AND COMMERCIAL DOCUMENTS ABOARD |
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 07/29/2003 |
IMPLEMENT DATE : 06/01/2003 |
LENGTH : 534 words |
TEXT : |
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Since June 1, 2003, Process Forwarding International (PFI), a US private service company, has been exercising, on behalf of the US Central Government, part of the functions under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, for a term of five years. The said company charges an execution fee on each document it serves to the national of other countries. Since China and Singapore have been providing judicial assistance in a way prescribed in the bilateral treaty between China and Singapore on judicial assistance, Singapore has, in accordance with Article 10 of the said Sino-Singapore treaty, requested China for the payment of execution fees for serving documents to its nationals. Canada also, in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, charges fees against the countries which request it for providing judicial assistance, and in practice, it has also begun to charge fees against China for serving documents to its nationals. We hereby give our notice regarding relevant specific requirements of the aforementioned three countries on payment of service fees as follows:
I. SPECIFIC REQUIREMENTS ON PAYMENT OF SERVICE EXECUTION FEES TO US:
Time of Payment: advance payment Method of Payment: in draft Amount of Payment: 89 USD (2003), 91 USD (2004), 93 USD (2005), 95 USD (2007) Payee: US "Process Forwarding International"
II. SPECIFIC REQUIREMENTS ON PAYMENT OF SERVICE EXECUTION FEES TO SINGAPORE:
Time of Payment: Payment after execution Method of Payment: in draft Amount of Payment: Depending on each document served (ranging from 20 Singapore Dollar to 130 Singapore Dollar or more). Payee: "The Registrar, Supreme Court, Singapore".
III. SPECIFIC REQUIREMENTS ON PAYMENT OF SERVICE FEES TO CANADA
Time of Payment: advance payment Method of Payment: in draft Amount of Payment: 50 Canadian Dollar Payee: Different names are to be filled out in light of the following different provinces Alberta: Provincial Treasurer of Alberta British Columbia: Minister of Finance of British Columbia Prince Edward Island: Provincial Treasurer of Prince Edward Island Manitoba: Minister of Finance of Manitoba New Brunswick: Minister of Finance of New Brunswick Nova Scotia: Minister of Finance of Nova Scotia Ontario: Treasurer of Ontario Quebec: Minlstre des Finances du Quebec Saskatchewan: Department of Justice of Saskatchewan-Sheriff Services Newfoundland: Newfoundland Exchequer Account Yukon Territoril: Treasurer of the Government of Yukon Northwest Territories: Government Territories Nunavut: Government of Nunavut
The relevant departments of all higher courts are requested to comply with the above provisions. The documents to be served to US and Canada shall, along with the drafts, be submitted to the Division of Foreign Affairs of the Supreme People's Court for transmission. While for any document to be served to Singapore, the service fee shall, after the document has been served, be paid determined by Singapore, and the draft shall be transmitted by the Division of Foreign Affairs of the Supreme People's Court.
A party requesting service may, in accordance with the Notice transferred by this Court to the State Administration of Foreign Exchange (No. 73 [2003] of the Supreme People's Court), go to the local administration of foreign exchange to apply for purchasing the exchanges needed, and for obtaining relevant drafts.
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