How To Serve Subpoenas for U.S. Civil Cases From Abroad

A US civil case is governed by US rules, filed in a US court, and moves on a US scheduling order — but the witness who saw the transaction, the employee who sent the critical email, or the bank that holds the responsive records may be in London, Frankfurt, Shanghai, or Mexico City. The US district court that issued the case has no authority to compel a foreign national on foreign soil to appear for deposition or produce documents. That authority ends at the border, and it ends the moment a witness steps outside FRCP 45’s geographic reach. Obtaining foreign evidence for US civil litigation requires a different set of tools entirely, each with its own procedural requirements, timeline, and level of practical effectiveness depending on the country involved.

Undisputed Legal handles international subpoena execution through all Hague Evidence Convention channels and letters rogatory coordination in 120+ countries, with Article 5 ($1,000), Article 10(a) ($700), Article 10(b) ($1,500), and Expedited Article 10(b) ($3,000) pricing, plus translation and local formalities where required. DCWP-licensed in New York City. Call (800) 774-6922 or visit the order page to initiate international evidence gathering for your US civil case.

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Quick Answer: The Primary Methods for Foreign Evidence in US Civil Cases

To serve subpoenas for U.S. civil cases from abroad, attorneys use the Hague Evidence Convention Letter of Request for Hague member countries (routed through the foreign country’s Central Authority), letters rogatory through the State Department for non-Hague countries, or FRCP 28(b) depositions taken abroad through a commissioned officer or US consular official. Where a foreign entity has a US-based subsidiary or affiliate holding responsive evidence, a domestic FRCP 45 subpoena — or a 28 U.S.C. § 1782 application — may reach that entity directly without international process.

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The US Attorney’s Problem: Jurisdiction Stops at the Border

FRCP 45 is the workhorse of US civil discovery — it authorizes the clerk of any US district court to issue subpoenas compelling witnesses to testify, produce documents, or permit inspection. But FRCP 45’s power is geographic. Under FRCP 45(c)(1)(A), a subpoena may command a person to attend a trial, hearing, or deposition only within 100 miles of where that person resides, is employed, or regularly transacts business. For a witness who lives in Toronto or works in Munich, a US district court subpoena is a legal nullity — it cannot be enforced against them on foreign soil, and no US contempt sanction can reach a person who never submits to US jurisdiction.

The practical consequence for US civil litigators is that international evidence-gathering requires a separate procedural track from the rest of discovery. Foreign witnesses must be approached through one of the treaty or statutory channels described below. The applicable channel depends on whether the foreign country is a party to the Hague Evidence Convention of 1970, whether it has filed reservations limiting what types of requests it will execute, and how much time the US litigation’s scheduling order allows. None of these channels are as fast or as straightforward as a domestic FRCP 45 subpoena, and all require planning well ahead of the discovery deadline. This page focuses specifically on US civil litigation seeking foreign evidence — for the inbound problem (foreign parties serving in the US), see the companion page on serving subpoenas in the United States from overseas.

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Method 1: Hague Evidence Convention — Letter of Request

The Hague Evidence Convention of 1970 is the primary treaty framework for obtaining evidence from foreign witnesses in member countries. When the witness or documents are located in a country that has ratified the Convention, a Letter of Request — also called a commission rogatoire or Letter of Request under Article 3 — is the standard method for compelling evidence abroad. FRCP 28(b)(1)(B) explicitly authorizes taking depositions “pursuant to a letter of request” even without a prior commission, and the Letter of Request mechanism is used for both testimony and document production where the foreign country’s Central Authority will execute it.

A valid Letter of Request under Article 3 of the Convention must identify the requesting authority (the US court), the parties and their counsel, the nature and subject matter of the litigation, the evidence sought (questions to be put to the witness, or a description of the documents to be produced), and any requirement that the evidence be given on oath. The US court issues the Letter of Request; it is transmitted through the US State Department’s Office of International Judicial Assistance to the foreign country’s designated Central Authority, which routes it to the appropriate foreign court or judicial officer for execution. The foreign judicial officer takes the testimony or orders the document production under the foreign country’s own procedural rules and transmits the results back through the same channel.

The critical planning constraint is Article 23. Article 23 of the Convention permits signatory countries to declare that they will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common-law countries — the broad, party-directed document discovery that is a hallmark of US civil litigation. Many civil-law countries have filed Article 23 reservations: France, Germany, Switzerland, the Netherlands, and China have all limited or blocked pre-trial documentary discovery through the Hague channel. For witnesses in those countries, document production requests must be handled through alternative channels or carefully tailored to exclude the features that trigger the Article 23 reservation, while testimony requests are generally more broadly executed. Consult with US-qualified international litigation counsel to assess the scope of Article 23’s application for your specific country and request.

Where a Hague member country has not objected to Article 10(a), a Letter of Request may be transmitted directly by postal service or diplomatic bag to the competent authority in the receiving country, bypassing the Central Authority routing step. This direct postal channel — available in the UK, Canada, and a number of other Hague members — is substantially faster than the Article 5 Central Authority channel, typically completing in approximately 30 days. Germany and several other countries have filed objections to Article 10(a), making the slower Article 5 channel the only Hague option in those jurisdictions. For US civil litigators, Article 10(a) where available is the fastest formal international evidence-gathering tool.

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Method 2: FRCP 28(b) Depositions Abroad — Consular and Commissioned Officer

FRCP 28(b)(1) authorizes depositions in foreign countries through four methods: on notice (where permitted by the foreign country), pursuant to a letter of request, pursuant to a commission issued by the US court, or under an applicable treaty. The consular deposition and commissioned officer pathways are particularly important for US civil litigators because they can sometimes be used without engaging the foreign country’s court system at all — making them faster than the Hague channel for testimony when the foreign country permits them.

A consular deposition is taken before a US diplomatic or consular officer at the US embassy or consulate in the foreign country. The witness appears voluntarily — consular depositions cannot compel an unwilling witness, because a US consular officer has no authority to issue a subpoena that the foreign country’s courts will enforce. However, for cooperative witnesses (opposing party’s employees who will appear at the company’s direction, friendly witnesses, expert witnesses retained for the case), consular depositions offer a practical and relatively fast alternative to the Hague channel. The US State Department charges approximately $257 per two-hour session for consular deposition services. Some countries — China, for example — restrict or prohibit consular depositions by limiting what US consular officers can do on Chinese soil. Check with US and local counsel before planning on this pathway.

A commissioned officer deposition is taken before a person appointed by the US court — typically a local attorney in the foreign country who is authorized by the court’s commission to administer oaths and take testimony. Like consular depositions, commissioned officer depositions cannot compel an unwilling foreign witness; they work best for cooperative witnesses or witnesses who are willing to appear in exchange for reasonable compensation. Where the witness is cooperative and the foreign country permits it, this pathway can be arranged in four to eight weeks — substantially faster than the Hague Central Authority channel.

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Method 3: Letters Rogatory for Non-Hague Countries

For witnesses and documents located in countries that have not ratified the Hague Evidence Convention — India, Vietnam, Thailand, the United Arab Emirates, Brazil, and numerous others — letters rogatory through the State Department are the standard formal mechanism. A letter rogatory is a formal request by the US court to the foreign court, transmitted through diplomatic channels: the US court issues the letter rogatory, the State Department forwards it to the US embassy in the foreign country, the embassy transmits it to the foreign ministry, and the foreign ministry routes it to the competent foreign court for execution. The foreign court then gathers the evidence — typically taking testimony through its own examination procedures — and transmits the results back through the same chain.

The statutory framework is 28 U.S.C. § 1781, which authorizes the State Department to send and receive letters rogatory between US courts and foreign courts. The foreign court’s execution of a letter rogatory is a matter of comity — the foreign court has discretion to decline, modify, or limit the request. Letters rogatory also take the longest of any formal channel: the full diplomatic routing cycle, plus the foreign court’s own docket, means total timelines of six to eighteen months from issuance to return of evidence are common. For US civil cases, this means letters rogatory must be initiated as early as possible — ideally at the same time as or before domestic discovery begins — to have any realistic chance of completing within the case’s scheduling order.

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Method 4: Reaching Foreign Entities Through US-Based Affiliates

A frequently underused strategy in US civil litigation is targeting a foreign entity’s US presence rather than the foreign entity directly. Many multinational corporations maintain US subsidiaries, US registered agents, or US-based custodians of records who hold — or can access — documents generated by the foreign parent or affiliate. A US district court has full FRCP 45 subpoena authority over a US entity, even if the responsive documents sit on servers in Germany or the responsive custodian’s employment contract is with the German parent.

Courts have consistently held that a US entity can be compelled by domestic subpoena to produce documents it controls, not merely documents physically located in the US. If a US subsidiary of a German bank holds responsive trading records, a domestic FRCP 45 subpoena directed at the US subsidiary may be faster, cheaper, and more effective than a Hague Letter of Request directed at the German parent. The German parent may then seek a German court order blocking production, and courts will need to weigh comity considerations — but in many cases, the US-affiliate route avoids months of Hague processing entirely.

Where the foreign entity’s US affiliate is not a party to the US litigation and is therefore not subject to party discovery obligations, a subpoena under FRCP 45 directed at the non-party US entity is appropriate. If the US affiliate is in a different district from the court where the case is pending, the subpoena must be issued by the court for the district where compliance is required, and any motion to compel or quash must be filed in that district under FRCP 45(d) and (f). Consult with US litigation counsel to assess whether the foreign entity’s US footprint makes this route viable for your case.

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Country-Specific Guidance for Common US Civil Case Destinations

The practical mechanics of international evidence-gathering differ significantly by country. The table below summarizes the key facts for the six most common destinations for US civil litigators seeking foreign evidence.

Country	Hague Member	Art. 23 Reservation	Primary Method	Practical Notes
United Kingdom	Yes	No reservation	Hague Art. 10(a) direct postal (~30 days) or Art. 5 (~2–4 months)	Generally cooperative; document and testimony requests broadly executed; consular depositions available at US Embassy London
Canada	Yes	No reservation	Hague Art. 10(a) or Art. 5; provincial execution varies	Execution handled at provincial level; Ontario and BC are fastest; Quebec requires French translation; consular depositions available
Germany	Yes	Art. 23 reservation (restricts documentary pre-trial discovery); Art. 10(a) objection	Hague Art. 5 (testimony); consular deposition (cooperative witnesses)	Documentary discovery requests are routinely limited or refused; testimony requests via Art. 5 generally executed; Letters of Request must be in German
China	Yes	Strict Art. 23 reservation; Art. 10(a) objection; Art. 10(b) objection	Hague Art. 5 (testimony only) or letters rogatory	Most restrictive major jurisdiction; document requests almost never executed; testimony requests slow (6–12 months); consular depositions restricted; plan for extended timelines
Mexico	Yes	No reservation	Hague Art. 5 or letters rogatory; consular depositions available	Execution handled by state-level courts; quality varies by state; Letters of Request must be in Spanish; US consulates at various locations available for cooperative witnesses
India	No (non-Hague)	N/A	Letters rogatory or voluntary production	No Hague membership; letters rogatory through State Department is the formal channel; consular depositions available for cooperative witnesses; voluntary production often most practical

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Translation, Authentication, and Apostille Requirements

Most foreign Central Authorities and foreign courts require that incoming Letters of Request be translated into their official language before they will accept and execute the request. Germany requires German; France requires French; China requires Simplified Chinese; Mexico and other Spanish-speaking jurisdictions require Spanish. The US attorney must arrange certified translation of the Letter of Request and any supporting materials before submission to the State Department or the foreign Central Authority. Failure to include proper translations is the single most common cause of delay in Hague proceedings — a request returned for translation can add weeks or months to an already-tight timeline.

The Letter of Request itself typically requires authentication to be accepted as a genuine US court document. For countries that are parties to the Hague Apostille Convention (1961) — which covers most of the same countries that are Hague Evidence Convention members — an apostille affixed to the Letter of Request by the appropriate US authority (typically the clerk of the court or state secretary of state) satisfies the authentication requirement. For non-apostille countries, the traditional authentication chain applies: the document is notarized, then authenticated by the relevant state official, then legalized by the US State Department, then legalized by the foreign embassy or consulate in Washington, D.C.

A distinct set of authentication requirements applies at the other end: when foreign-gathered evidence is introduced into the US proceeding. A deposition transcript taken in Germany before a commissioned officer must be certified by that officer and transmitted through the appropriate channel to be usable in the US court. Business records obtained through a Hague Letter of Request may need to be authenticated under FRE 902(3) (foreign public documents) or accompanied by a business records certification under FRE 902(11). US litigation counsel should confirm the applicable admissibility pathway for foreign-gathered evidence at the start of the international discovery process, not after the evidence arrives.

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Timeline Planning for US Civil Litigation Deadlines

The single most frequent mistake US civil litigators make with international evidence is starting too late. A domestic FRCP 45 subpoena can be issued and served within days. The fastest international channel — Hague Article 10(a) to the UK or Canada — takes approximately 30 days in the best case. The standard Hague Article 5 Central Authority channel takes two to four months for cooperative jurisdictions. China, through the Article 5 channel, typically takes six to twelve months. Letters rogatory to non-Hague countries take six to eighteen months. Initiating these processes after domestic discovery is underway — or worse, near the discovery deadline — is a recipe for a motion to extend the scheduling order, which judges grant reluctantly and in many districts only upon a showing of diligence from the outset.

The practical rule of thumb: identify all international witnesses and documents in the Rule 26(a)(1) initial disclosures and flag them in the Rule 16 conference with the court. Initiate international discovery immediately after the scheduling order issues. For China or letters-rogatory jurisdictions, initiate at the very start of the case regardless of when the discovery deadline is. When filing the scheduling order, propose a discovery deadline that accounts for international evidence lead times — many judges will accommodate a later deadline for foreign evidence if it is flagged early and the schedule is otherwise reasonable.

Method	Earliest Practical Start	Typical Completion	Deadline Risk
Hague Art. 10(a) — UK, Canada	After scheduling order issues	~30 days	Low — manageable within most schedules
Hague Art. 5 — cooperative jurisdictions	At scheduling order issuance	2–4 months	Moderate — plan into scheduling order
Hague Art. 5 — Germany, France	At case filing	3–6 months	High without early start
Hague Art. 5 — China	At case filing or before	6–12 months	Very high — budget extension motions
Letters Rogatory — non-Hague	At case filing	6–18 months	Very high — integrate into case strategy from day one
Consular / commissioned deposition (cooperative witness)	After witness confirms availability	4–8 weeks	Low — fastest for willing witnesses

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Undisputed Legal’s International Subpoena Service

Undisputed Legal coordinates international subpoena service through all Hague Evidence Convention channels and letters rogatory pathways in 120+ countries. For US civil litigators who need foreign evidence gathered while simultaneously serving domestic parties, UL provides end-to-end management of the international process alongside FRCP 45-compliant domestic service on US-based parties and affiliates.

SUBPOENA SERVICE INCLUDES: Licensed Process Servers — DCWP-Licensed in New York City, vetted and credentialed nationwide · Real-Time Status Updates + GPS-Verified Attempts · Court-Compliant Affidavits Prepared for Filing · Hague Convention Article 5/10(a)/10(b) and Expedited 10(b) International Service — 120+ Countries · Translation Coordination and Local Formalities · Letters Rogatory Coordination for Non-Hague Countries

Call (212) 203-8001 or visit the order page to initiate international subpoena service for your US civil case.

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Related Resources

• How to Prepare and Serve an International Subpoena — comprehensive overview of all international subpoena methods and mechanisms, covering both outbound and the full treaty framework.
• How to Serve Subpoenas in the United States from Overseas — the inbound companion page: foreign counsel and foreign litigants needing evidence from inside the United States for foreign proceedings.
• Legal Framework for Domesticating Subpoenas Across Borders — the statutory and treaty architecture for cross-border subpoena enforcement, including the UIDDA, FRCP 45, and the Hague Evidence Convention.

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Frequently Asked Questions

Can a US subpoena compel a foreign witness to testify or produce documents?

No — a US district court subpoena has no enforcement power over a person who is outside the United States and who has not submitted to US jurisdiction. Under FRCP 45(c), a US subpoena can only compel attendance at a trial, hearing, or deposition within 100 miles of where the person resides, is employed, or regularly transacts business in person. A foreign national living and working abroad falls entirely outside that reach. Compelling a foreign witness to testify or produce documents for a US civil case requires using one of the formal international channels — Hague Letter of Request, FRCP 28(b) deposition, or letters rogatory — that engage the foreign country’s legal system to do what the US subpoena cannot.

What is the difference between a Hague Letter of Request and letters rogatory?

Both are formal requests from a US court to a foreign judicial authority asking that foreign court to gather evidence and transmit it back. The difference is the legal framework and available pathway. A Hague Letter of Request operates under the Hague Evidence Convention of 1970 and is transmitted through the foreign country’s designated Central Authority, which routes it to the appropriate local court or official for execution. This channel is faster, has defined procedures under the Convention, and is available only for countries that have ratified the Hague Evidence Convention. Letters rogatory are the older, general diplomatic channel — routed through the US State Department and the foreign ministry — and are available to any country regardless of treaty membership, but are significantly slower (6–18 months) and subject to full diplomatic delay. Where both channels are available, the Hague Letter of Request is almost always the better choice.

Which countries have Article 23 reservations that restrict documentary discovery?

Among the most common destinations for US civil litigators: Germany, France, Switzerland, the Netherlands, China, and Singapore have all filed Article 23 reservations limiting or prohibiting execution of Letters of Request for pre-trial documentary discovery as used in common-law systems. The specifics vary — some countries’ reservations are narrow, others are broad. China’s Article 23 reservation is particularly strict; China also objects to both Article 10(a) and Article 10(b), making its Article 5 Central Authority channel the only Hague pathway available, and that channel is limited to testimony and specific categories of documents. Germany allows documentary discovery for certain categories of documents but restricts US-style broad document requests. A US litigator planning to obtain documentary evidence from a country with an Article 23 reservation should work with international litigation counsel to assess what categories of documents may still be obtained and whether consular depositions or US-affiliate subpoenas offer a better route.

How does a US attorney initiate a Hague Evidence Convention Letter of Request?

The process begins with the US court. The attorney prepares the Letter of Request meeting the Article 3 formal requirements — identifying the parties, describing the proceeding, specifying the evidence sought, and setting out the questions or subject matter for examination. The Letter of Request is submitted to the US district court for issuance; once issued (signed by the clerk or judge), it is authenticated (apostille or traditional chain for the foreign country) and translated into the foreign language if required. The authenticated, translated Letter of Request is then transmitted to the US State Department’s Office of International Judicial Assistance, which forwards it to the foreign country’s Central Authority. The Central Authority routes it to the appropriate local court or official. Undisputed Legal coordinates this full process including authentication and translation coordination — contact the order page to begin.

Can a US attorney take a foreign deposition without involving the foreign court?

Yes, in some cases. Under FRCP 28(b)(1)(A) and (C), depositions abroad may be taken “on notice” (where the foreign country permits voluntary depositions) or pursuant to a commission issued by the US court — both approaches that can work without engaging the foreign court, as long as the witness appears voluntarily. Consular depositions — taken before a US diplomatic or consular officer at the US embassy or consulate in the foreign country — are the most commonly used no-foreign-court pathway and are available in most countries. However, these approaches only work for cooperative witnesses. An unwilling witness in a foreign country cannot be compelled to appear for a consular or commissioned deposition; compelling an unwilling foreign witness requires the Hague Letter of Request or letters rogatory channel that engages the foreign court’s compulsory process. For expert witnesses, corporate representatives appearing at their employer’s direction, or witnesses willing to cooperate for practical reasons, the consular route is often the fastest.

How far in advance should international discovery be initiated relative to the US discovery deadline?

At minimum six months before the discovery deadline for Hague Article 5 requests to cooperative jurisdictions; at case filing for China, letters rogatory destinations, or any situation where delays are likely. The general rule: initiate international discovery as soon as the scheduling order issues, and flag international evidence needs in the initial Rule 26(f) conference and Rule 16 scheduling order so the court is aware of potential delay. Courts are generally receptive to extension requests for international evidence when the party demonstrates it initiated the process diligently and the delay is attributable to the foreign process, not neglect. Courts are not receptive to extension requests when international discovery was started six weeks before the deadline.

What happens if the foreign court refuses to execute a Hague Letter of Request?

Under Article 12 of the Hague Evidence Convention, a Central Authority may refuse to execute a Letter of Request only if: execution would prejudice the sovereignty or security of the requested state; the requested state considers that its sovereignty or public policy would be implicated; or the request falls outside the functions of the judiciary under the laws of the requested state. If a Letter of Request is refused, the Central Authority must promptly inform the requesting state and explain the grounds for refusal. When a Hague Letter of Request is refused — most commonly because of an Article 23 reservation applied to documentary requests — the alternatives are: narrowing the request to categories the foreign court will execute; pursuing testimony through a consular deposition; or attempting voluntary production if the witness’s employer can be approached directly. Consult with US-qualified international litigation counsel to assess re-submission or alternative pathway options after a refusal.

Can a US court sanction a party for failure to obtain foreign evidence?

A US court cannot directly sanction a foreign witness who refuses to comply with a US subpoena, because contempt sanctions only reach persons subject to US jurisdiction. However, a party to the US litigation can face consequences for failure to diligently pursue international discovery. Under FRCP 37, a party that fails to disclose or produce information required by Rule 26 may face sanctions including adverse inference instructions, exclusion of evidence, or (in extreme cases) default or dismissal. If a party controls a foreign affiliate whose documents are responsive but that affiliate refuses to produce, US courts have held that the party can be sanctioned for the controlled affiliate’s non-compliance. A party that claims it cannot obtain foreign documents controlled by an affiliated entity should be prepared to demonstrate through substantial evidence that the affiliate is not under its control — courts are skeptical of control arguments raised after a court order to produce.

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Ready to Pursue Foreign Evidence for Your US Civil Case?

Undisputed Legal coordinates international subpoena service through all Hague Evidence Convention channels and letters rogatory pathways in 120+ countries — DCWP-licensed in New York City, GPS-verified domestic service, court-compliant affidavits. Call (800) 774-6922 or visit the order page to begin international evidence gathering for your US civil case.

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Subpoena Service & Domestication Resources

Undisputed Legal is the authority in subpoena service and interstate discovery. Explore our expertise:

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• Serving Subpoenas Across State Lines: What You Need to Know
• How to Subpoena an Out-of-State Witness to Testify in a Trial
• Key Facts About Domesticating Subpoenas for Interstate Cases
• Common Challenges When Domesticating Foreign Subpoenas
• Step-by-Step Process for Domesticating Subpoenas Across States
• International Subpoena Service
• How to Prepare and Serve an International Subpoena
• How to Serve Subpoenas in the United States from Overseas
• How to Serve Subpoenas for U.S. Civil Cases from Abroad
• Solutions for International Clients Serving Subpoenas in the U.S.
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• Understanding Federal and State Witness Fees State by State
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• Navigating the Rules for Serving Subpoenas in U.S. Federal Cases
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• How to Serve a Subpoena: Step-by-Step Guide
• Serving Subpoenas in Civil Cases: Rules and Best Practices
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