[Federal Register: November 28, 2008 (Volume 73, Number 230)]
[Notices]
[Page 72555]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no08-134]
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DEPARTMENT OF STATE
[Public Notice 6434]
Notice of Declaration of Foreign Countries as Reciprocating
Countries for the Enforcement of Family Support (Maintenance)
Obligations
AGENCY: Office of the Legal Adviser, U.S. Department of State.
This notice amends and supplements Department of State Public
Notice 5868, 72 FR 39127-28 (July 17, 2007).
Background. Section 459A of the Social Security Act (42 U.S.C.
659A) authorizes the Secretary of State with the concurrence of the
Secretary of Health and Human Services to declare foreign countries or
their political subdivisions to be reciprocating countries for the
purpose of the enforcement of family support obligations if the country
has established or has undertaken to establish procedures for the
establishment and enforcement of duties of support for residents of the
United States. These procedures must be in substantial conformity with
the standards set forth in the statute. The statutory standards are:
Establishment of child support orders, including the establishment of
paternity if necessary to establish the order; enforcement of child
support orders, including collection and distribution of payments under
such orders; cost-free services (including administrative and legal
services), as well as paternity testing; and the designation of an
agency as Central Authority to facilitate enforcement.
Once such a declaration is made, support agencies in jurisdictions
of the United States participating in the program established by Title
IV-D of the Social Security Act (the IV-D program) must provide
enforcement services under that program to such reciprocating countries
as if the request for service came from a U.S. State.
The declaration authorized by the statute may be made ``in the form
of an international agreement, in connection with an international
agreement or corresponding foreign declaration, or on a unilateral
basis.'' The Secretary of State has authorized either the Legal Adviser
or the Assistant Secretary for Consular Affairs to make such a
declaration after consultation with the other. As of this date, the
following countries (or Canadian provinces or territories) have been
designated foreign reciprocating countries:
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Country Effective date
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Australia............................ May 21, 2001.
Czech Republic....................... May 3, 2000.
El Salvador.......................... June 21, 2007.
Finland.............................. Sept. 29, 2007.
Hungary.............................. Jan. 22, 2007.
Ireland.............................. Sept. 10, 1997.
Netherlands.......................... May 1, 2002.
Norway............................... June 10, 2002.
Poland............................... June 14, 1999.
Portugal............................. Mar. 17, 2001.
Slovak Republic...................... Feb. 1, 1998.
Switzerland.......................... Sept. 30, 2004.
Canadian Provinces or Territories:
Alberta............................ Sept. 4, 2002.
British Columbia................... Dec. 15, 1999.
Manitoba........................... July 11, 2000.
New Brunswick...................... Feb. 1, 2004.
Northwest Territories.............. Feb. 7, 2004.
Nunavut............................ Jan. 20, 2004.
Newfoundland/Labrador.............. Aug. 7, 2002.
Nova Scotia........................ Dec. 18, 1998.
Ontario............................ Aug. 7, 2002.
Saskatchewan....................... Jan. 24, 2007.
Yukon.............................. May 22, 2007.
United Kingdom of Great Britain and Dec. 17, 2007.
Northern Ireland.
------------------------------------------------------------------------
Each of these countries (or Canadian provinces or territories) has
designated a Central Authority to facilitate enforcement and ensure
compliance with the standards of the statute. Information relating to
the designated Central Authorities, and the procedures for processing
requests may be obtained by contacting the United States Central
Authority for International Child Support, Department of Health and
Human Services, Office of Child Support Enforcement (OCSE), 370
L'Enfant Promenade, SW., 4-East, Washington, DC 20447; phone (202) 401-
9373, fax (202) 205-5927, e-mail: ocseinternational@acf.hhs.gov.
As of this date, a reciprocity agreement has been signed, but is
not yet in effect, with Costa Rica.
The law also permits individual states of the United States to
establish or continue existing reciprocating arrangements with foreign
countries when there has been no Federal declaration. Many states have
such arrangements with additional countries not yet the subject of a
Federal declaration. Information as to these arrangements may be
obtained from the individual State IV-D Agency.
FOR FURTHER INFORMATION CONTACT: Questions regarding this notice, the
status of negotiations, declarations and agreements may be obtained by
contacting Mary Helen Carlson at the Office of the Assistant Legal
Adviser for Private International Law, Suite 203 South Building, 2430 E
Street, NW., Washington, DC 20037-2851; phone (202) 776-8420, fax (202)
776-8482, email: carlsonmh@state.gov.
Dated: November 17, 2008.
Mary Helen Carlson,
Attorney-Adviser, Office of the Legal Adviser for Private International
Law, Department of State.
[FR Doc. E8-28323 Filed 11-26-08; 8:45 am]
BILLING CODE 4710-08-P