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EU sues Hungary over criteria for notaries

Posted 30/4/2015

The European Commission has stepped up its infringement procedure against Hungary and filed a suit with the European Court of Justice for Hungary’s tying public notary positions to Hungarian citizenship. It said Hungary has violated the freedom of settling in another country through excluding the citizens of other EU members from such jobs. The EC added that Hungary’s precondition cannot be derived from the EU treaty. It highlighted earlier rulings in which the ECJ condemned several EU members saying that the activities of public notaries are not tied to the execution of public authority, therefore being a citizen of the given country cannot be set as a criterion for the job.

The EC said that the work of public notaries in Hungary does not differ significantly from that in Belgium, Germany, Greece, France, Luxembourg, Austria or the Netherlands, involved in the earlier suits. Hungary has, however, maintained its position and insisted on the contested precondition, the EC said. “A direct and specific connection of an activity to the exercise of official authority is established if the activity is not just auxiliary or preparatory to its exercise and contains discretionary decision-making powers in contentious cases, powers of constraint or powers of coercion,” the EC said.

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Central Bank publishes report on Anti-Money Laundering/Countering the Financing of Terrorism and Financial Sanctions Compliance in the Irish Banking Sector

Posted 17/2/2015

Central Bank publishes report on Anti-Money Laundering/Countering the Financing of Terrorism and Financial Sanctions Compliance in the Irish Banking Sector

The Central Bank of Ireland today published a report of its observations in relation to Anti-Money Laundering (AML), Countering the Financing of Terrorism (CFT) and Financial Sanctions (FS) compliance by banks in Ireland.

The issues identified, which are set out in the report, include:

Incomplete risk assessments that do not effectively consider the inherent Money Laundering/Terrorist Financing risks relevant to the bank;
Risk assessments undertaken are very high level and lack thorough analysis of key risks;
Failure to include AML/CFT reviews in annual monitoring and internal audit plans;
Deficiencies in the Politically Exposed Persons process, including initial screening, the timing of Senior Management approval and the failure to sufficiently identify, verify and document Source of Funds and Source of Wealth data;
Non-adherence to stated AML/CFT and FS policies;

  • Failure to ensure the provision of appropriate and comprehensive training to Board and committee members, as well as enhanced training for staff in key AML/CFT and FS roles;
  • Shortcomings in relation to the coverage and the timing of automated screening of customer databases for FS purposes.

Head of Anti-Money Laundering, Domhnall Cullinan said: "The Central Bank acknowledges that satisfactory processes and controls were found in place in some areas. However, the number and nature of issues identified suggests that more work is required by banks in Ireland to effectively manage Money Laundering and Terrorist Financing risk. While the banking sector in Ireland is the specific focus of the report, many of the issues raised are relevant to the broader financial services sector in Ireland."

Report

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Chief Justice Susan Denham deems state solicitor entitled to also be a 'notary public'

Posted 23/1/2015

A notary is a solicitor or barrister who provides legal services to the public on non-contentious matters such as drawing up power of attorney and authenticating documents.
Jevon Alcock, a solicitor in the Chief State Solicitor's office, had sought appointment but the Faculty of Notaries Public in Ireland, which regulates the profession, raised concerns.
He argued that unlike a garda or a teacher, he is one of a category of professionals who work for the State but are not public servants.
The Faculty said however that given his position he would be unable to practise as a notary for the foreseeable future and this was a bar to his appointment.
Mr Alcock, who is married to a Mexican national and wants to provide a notary service in particular for the Spanish speaking community, appealed that decision to Chief Justice Denham whose role includes the formal appointment of notaries.
Today, Ms Justice Denham said while the concerns of the Faculty were made bona fide, she was satisfied they had been addressed and, in the special circumstances of this case, she was appointing Mr Alcock.
The judge said there was a significant change after Mr Alcock made his application when Chief State Solicitor Eileen Creedon wrote saying she had no objection to him being appointed a notary.
Mr Alcock claimed he was entitled under EU and domestic competition law to provide the service.
The Faculty was concerned about the proliferation of appointees who may view the service as an after-hours ancillary occupation.
It also questioned whether it was in the public interest to appoint a "spare time appointee". It was a matter of common sense that a solicitor in full time employment will not objectively be in a position to commit to a significant degree of public service as a notary, it argued.
Mr Alcock's side took exception to the "spare time appointee" concept and said notaries are paid for what they do.
It was also argued the Faculty was seeking to confine appointments to solicitors in full time practice. He would do notary work in his own time during the day and at weekends and he could give a significant degree of public service.
Ms Justice Denham said she was satisfied there was no risk of proliferation of "after hours" appointees and she was satisfied Mr Alock would be committed to a significant degree of public service.
In the absence of statutory regulation, she was not setting out a general test to be met but rather taking into consideration the facts and circumstances of each case based on established jurisprudence.
She noted Mr Alcock had said he has retained office space for his work as a notary in Capel Street, Dublin, and would also be available at his Dublin home.

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Cycling, but where to?The government’s reforms seem too timid to its critics abroad, but too bold to its opponents at home

Posted 20/12/2014

WHEN François Hollande dumped his prime minister in March 2014, it marked a U-turn for the Socialist president. Out went the politics of envy and punitive taxes. In came talk of lower public spending and encouraging business. Under Manuel Valls, the new prime minister and a voice of Blairite moderation, the language has changed, to the relief of those exasperated by the unreconstructed French left. But sceptics have been waiting to see if fine words would be matched with deeds.

On the public finances, the government has shifted its deficit reduction in 2014 from tax rises, which were throttling investment and growth, to curbing spending. It has promised no further tax increases in 2015. Even Mr Hollande’s infamous 75% top tax rate, a much-hyped campaign promise, is disappearing. The upshot will not be enough fiscal consolidation for France to obey the euro-zone rules in 2015; it has unilaterally pushed back to 2017 its promise to bring the deficit down to 3% of GDP. But at least the direction is now right.

A bigger question-mark hangs over efforts to improve competitiveness. These rest on two pillars. One is a reduction in payroll taxes on companies, worth €12 billion in 2015. Business likes this, even though it has not prompted firms to create new jobs as the government had hoped. The other is a draft law to liberalise the economy, unveiled on December 10th by Emmanuel Macron, the economy minister. It loosens Sunday-trading rules, deregulates the intercity coach industry, speeds up labour tribunals and opens up protected professions.

Mr Macron’s bill is the Socialist government’s flagship effort to rid the economy of rigidities that limit growth. Ever since Charles de Gaulle commissioned a report published in 1959 on how to “remove the obstacles to economic expansion”, successive governments of left and right have ordered studies that recommend deregulation, including of professions such as pharmacies and notaries, only to ignore them. Since the notary profession was codified under Napoleon, the rules have changed only once—in 1945. So it is to Mr Macron’s credit that he is trying at all.

Some parts of his bill will have direct, quantifiable results. Under existing rules protecting the railways, for instance, private coach lines can transport only a limited quota of intercity passengers, and only on routes that link France with other countries. There are no dedicated intercity coaches. So to travel from Périgueux to Clermont-Ferrand, say, passengers must make a five-hour, two-train journey for what is a direct road trip of three hours. The government reckons this reform alone could create 10,000 new jobs.

Another plus is Mr Macron’s plans for Sunday trading. He wants shops to open one Sunday a month, up from five a year, and every Sunday and evening in “international tourist zones” and railway stations. The idea is to discourage tourists from leaving Paris on Sundays to spend their money in London. Overall, the Macron bill has been welcomed by Medef, the employers’ body, as a “real step in the right direction”.

The trouble is that what pass as useful, if meagre, changes by international standards are seen as downright provocative by Mr Macron’s party. “Has the left now got nothing else to suggest for the organisation of our lives than a Sunday walk in a shopping centre and the accumulation of retail goods?” asked Martine Aubry, the left-wing mayor of Lille, in Le Monde. For some Socialists, rest on Sundays is a historic achievement of the labour movement; any attempt to revoke this right is an assault on the very concept of progress.

When the bill goes to parliament in January 2015, it will face resistance not only from the right, which opposes more competition for notaries, but from the government’s disgruntled parliamentary majority. Some bits are likely to be diluted. As it is, thanks to internal disputes, Mr Macron had to relinquish to the health minister all things paramedical. Pharmacies, for instance, will keep their monopoly on non-prescription drugs such as paracetamol.

As for labour-market reform, it has largely been dropped altogether. There is nothing about the 35-hour working week, despite Mr Macron’s repeated criticism of it. Nor, despite his original plans, is there any effort to ease “threshold effects”: works-council and other rules that kick in when a firm’s headcount increases beyond a certain level (usually 49), discouraging any additional hiring.

The government insists that it is ready to legislate next year to make it easier for firms to negotiate changes in working time and pay in return for protecting jobs. This can now be done only if a firm faces “serious economic difficulties”. As one minister puts it, “there are so many constraints that few agreements have been made.” Yet 2015 is also a local-election year. If anything, caution will temper reformist ambitions.

A recent Franco-German report, co-written by Jean Pisani-Ferry, head of the government’s economic-strategy unit, and Henrik Enderlein, a German economist, concludes of France: “We fear a lack of boldness for decisive reforms.” Today’s difficulties stem from yesterday’s mistakes. Mr Hollande wasted his first two years, never securing a mandate for what he has to do. Mr Valls was not elected directly, and Mr Macron, for all his energy, never has been. More than anything, the Macron bill shows the limits to what can be done, even with the best reformist will, if political space has not been created first.

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Notaries Public to the BarricadesAt last economic reform in France, but watch out for the protests

Posted 15/12/2014

French Economy Minister Emmanuel Macron once warned that France would turn into “Cuba without the sunshine” if the government didn’t change its tax-and-spend-and-regulate ways. Mr. Macron on Wednesday unveiled a package of reforms designed to avert just that.

The Bill for Growth and Activity—already known as the “Macron Law”—would demolish longstanding barriers to entry for the legal and notary professions, open up domestic rail lines to competition from private bus companies, fast-track the adjudication of some labor disputes, and lower some of the environmental hurdles developers need to jump to gain approval for new projects. The bill also would require the government to dispose of up to €10 billion ($12 billion) in state-owned assets, primarily in airports and utilities.

The item that seems to have exercised the French political class the most is a proposal to increase the number of Sundays that Paris department stores can stay open—to 12 a year from the current five. The law would also allow stores located in “international tourist zones” to stay open until midnight. Martine Aubrey,the parliamentarian behind the country’s productivity-killing 35-hour workweek, has called for a Socialist war on the Sunday reform, since it “casts doubt over all the historical battles of the left.”

The protests against these common-sense reforms have already started. First up were the attorneys, notaries and bailiffs, who last week flooded Parisian streets, robes and all, to object to Mr. Macron’s plan to make it easier for recently minted lawyers to start their own practices and to reduce the tariffs and legal privileges currently enjoyed by these “protected professions.”

The plan will undoubtedly dent the profits of notaries who currently face minimal competition and can charge maximal fees to process routine paperwork. But this is the kind of reform France needs to reduce the cost of doing business for everyone else.

Expect more protests from other vested interests as Mr. Macron and Prime MinisterManuel Valls try to push forward with reforms. But the status quo—with zero growth, 10.4% unemployment, and a rising xenophobic right feeding off popular frustration with stagnation—can’t persist. As Mr. Macron said last week, quoting Nobel-winning French economist Jean Tirole, “by overprotecting, we end up protecting nothing.”

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INTERNATIONAL CONFERENCE ON 'CROSS BORDER CO-OPERATION IN CIVIL AND COMMERCIAL MATTERS THROUGH HAGUE CONVENTIONS', RABAT

Posted 8/12/2014

International conference on 'Cross Border Co-operation in Civil and Commercial Matters through Hague Conventions', Rabat

8 December 2014

From 10 to 11 November 2014, an international conference, "Cross Border Co-operation in Civil and Commercial Matters through Hague Conventions" was held in Rabat, Morocco, to discuss the relevance and possible implementation of selected Hague Conventions in the field of international child protection (1980 Child Abduction, 1996 Child Protection, and 2007 Child Support Conventions), international civil procedure (1965 Service, 1970 Evidence, and 2005 Choice of Court Conventions) and the production of public documents abroad (1961 Apostille Convention).

The Conclusions and Recommendations are available in EnglishFrench and Arabic.

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QuestionI was born in London and I have an Irish passport. I am getting married later this year in Dublin. I have been told that I must provide a birth certificate with an apostille stamp. My Irish fiancé has not been asked to produce this certificate. Wh

Posted 10/3/2014

Answer

The Civil Registration Act 2004 requires both people getting married in the Republic of Ireland to provide evidence of their identities, civil status, age and nationality. If either person was born outside of the State, an authenticated birth certificate is required. Since you were born in the United Kingdom, you need such a birth certificate, even if you are entitled to an Irish passport.

The Hague Convention (1961) specifies how a document issued in one of the signatory countries can be authenticated or certified for legal purposes in all the other signatory states. Such a certification is called an apostille (in French this means certification). An apostille stamp is an international certification, like a notarisation in domestic law, which authenticates or legally certifies a document.

The Irish Department of Foreign Affairs and Trade (including staff in Irish embassies, consulates and honorary consulates overseas) can authenticate documents for Irish-born people getting married abroad.

In the UK apostille stamps are issued by the Legalisation Office of the Foreign & Commonwealth Office (FCO). Visit fco.gov.uk/legalisation to find out more about the process. You can also email legalisationenquiries@fco.gsi.gov.uk or telephone +4420 7008 5959.

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Vietnam Adoption Statement

Posted 5/1/2014

A State Department Official in responded to a inquiry about the recent story of a family in Vietnam seeking their daughter whom they say was trafficked for international adoption in 2007:

The Department of State takes very seriously the welfare of all children. We are committed to ensuring that intercountry adoption protects children, birth parents, and prospective adoptive parents. We do not comment on individual cases.

The most recent bilateral agreement governing adoptions between the United States and Vietnam was in effect from 2005 to 2008. During that period, hundreds of American families opened their homes to Vietnamese children. In many cases, these adoptions served to place children in a permanent, loving home in a safe and ethical manner. However, the Department also found that in some cases, birth parents had been pressured into placing their children for adoption or consent had not been appropriately obtained. Based on these and other concerns, the two countries mutually agreed not to renew the agreement in 2008.

In February 2012, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption entered into force for Vietnam. The Government of Vietnam continues its efforts to strengthen its child welfare system and the integrity of its domestic and international adoption processes. In September 2013, Vietnam began accepting applications from U.S. Hague-accredited adoption service providers (ASPs) for authorization to operate a proposed limited intercountry adoption program. The program, if it goes into effect, would allow adoptions of children with special medical needs, children older than five, and children in biological sibling groups of two or more in Vietnam. Intercountry adoptions from Vietnam to the United States remain suspended at this time.

Vietnam’s acceptance of U.S. ASP applications is a positive step and helps to implement the type of ethical and transparent intercountry adoption system required by the Hague Adoption Convention. We will continue to monitor Vietnam’s progress in implementing the Convention and will publish more information on adoption.state.gov as it becomes available.

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Phone lines

Posted 4/1/2014

Our phone lines are still not working despite ordering the transfer in November.  We hope to have the issues resolved by 9.00 on Monday morning. I'm sorry for any inconvenience. 

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New offices near St. Stephen's Green

Posted 3/1/2014

Our new offices are opening on Friday, 3rd January 2014 at 1-2 Lower Leeson Street, Dublin 2 (entrance on Earlsfort Terrace) opposite the entrance to St. Stephen's Green and 80 meters from the Department of Foreign Affairs and Trade.

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