U.S. Objection to Accession of Botswana to Hague Convention

DEAR COLLEAGUE LETTER

DCL-23-13

DATE: November 29, 2023

TO: State and Tribal IV-D Directors

SUBJECT: U.S. Objection to Accession of Botswana to Hague Convention

ATTACHMENT: Notification of U.S. objection to accession of Botswana (Nov. 14, 2023) (PDF)

Dear Colleague:

On November 14, 2022, Botswana deposited its instrument of accession to the Convention with the Convention depositary, the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The Contracting States were informed of the accession on November 15, 2022.

Since then, Botswana did not provide any of the information required by Article 57. Therefore, on November 14, 2023, the Embassy of the United States notified the Convention depositary that the United States objected to the accession of Botswana to the Convention.

Because the United States objected to the accession of Botswana, the Hague Child Support Convention does not apply between Botswana and the United States. This objection applies only to the relationship between the United States and Botswana. The Hague Convention is in force between Botswana and other Convention countries. If Botswana provides the information required by Article 57, the United States may revisit the objection. 

Background

The Hague Child Support Convention may be ratified, accepted, or approved by any country that was a member of the Hague Conference on Private International Law at the time of its twenty-first Session and by other countries that participated in that Session.[1] As a member of the Hague Conference at the twenty-first Session, the United States signed the Hague Child Support Convention in 2007 and ratified the Convention in 2016. The treaty has been in force in the United States since January 1, 2017.

The Convention provides that any other country may accede to the Convention. However, according to Article 58(5) of the Convention, an accession will have effect only regarding the relations between that country and other Contracting States (Convention countries) that have not raised an objection to the accession within 12 months of notification of the accession.

One of the major goals of the United States during treaty negotiations was that the Convention would result in more money reaching more families more quickly. Therefore, the United States prioritized provisions dealing with the responsibilities of Central Authorities, administrative cooperation, case handling procedures, accountability, and information about a country’s laws and procedures.

To ensure that a country can implement the Convention, Article 57 addresses requirements that a country must meet before it becomes a party to the Hague Child Support Convention. It requires that a country provide a description of (1) its laws and procedures concerning maintenance obligations; (2) how the country will meet its obligations concerning Central Authority responsibilities; (3) how it will provide effective access to procedures under Article 14 of the Convention; and (4) its enforcement rules and procedures.  All Convention countries, including those acceding to the Hague Convention, must provide the information about their laws and procedures, as required by Article 57.

If you have any questions or comments, please contact OCSSinternational@acf.hhs.gov.

Sincerely,

Tanguler Gray
Commissioner
Office of Child Support Services