Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents
Encyclopedia
The Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents, the Apostille convention, or the Apostille treaty is an international treaty drafted by the Hague Conference on Private International Law
. It specifies the modalities through which a document issued in one of the signatory countries can be certified for legal purposes in all the other signatory states. Such a certification is called an apostille . It is an international certification comparable to a notarisation
in domestic law.
, all apostilles are issued by the Foreign and Commonwealth Office
in Milton Keynes
.
To be eligible for an apostille, a document must first be issued or certified by an officer recognised by the authority that will issue the apostille. For example, in the US state of Vermont
, the Secretary of State maintains specimen signatures of all notaries public, so documents that have been notarised are eligible for apostilles. Likewise, courts in the Netherlands are eligible of placing an apostille on all municipal civil status documents directly. In some cases, intermediate certifications may be required in the country where the document originates before it will be eligible for an apostille. For example, in New York City
, the Office of Vital Records (which issues, among other things, birth certificate
s) is not directly recognised by the New York Secretary of State. As a consequence, the signature of the City Clerk must be certified by the County Clerk of New York County to make the birth certificate eligible for an apostille.
The information can be placed on the (back of the) document itself, or attached to the document as an allonge
.
or by a consular official abroad and subsequently by the relevant government office or consulate of the receiving state.
and all but 10 members of the Hague Conference on Private International Law. The next countries to accede to the convention are Kyrgyzstan
, Costa Rica
and Oman
, for which the treaty will enter into force on 31 July, 14 December 2011 and 30 January 2012 respectively.
In 2005 The Hague Conference surveyed its members and produced the a report in December 2008 which expressed serious concerns about Diplomas and Degree certificates, titled
"THE APPLICATION OF THE APOSTILLE CONVENTION TO DIPLOMAS INCLUDING THOSE ISSUED BY DIPLOMA MILLS
".
The possible abuse of the system was highlighted "Particularly troubling is the possible use of diploma mill qualifications to circumvent migration controls, possibly by potential terrorists." (page 5)
The risk comes from the fact that the various government stamps give the document an air of authenticity without anyone having checked the underlying document. "An official looking certificate may be issued to a copy of a diploma mill qualification, and then subsequently issued with an Apostille, without anyone having ever verified the signature on, let alone the contents of, the diploma." (page 7)
Further member states indicated "they would be obliged to issue an Apostille for certification of a certified copy of a diploma issued by a diploma mill". (page 15)
The Hague Conference expressed concern as to whether this issue could impact the entire convention.
"…the Apostille does not 'look through the certification' and does not relate to the diploma itself …. There is a clear risk that such practices may eventually undermine the effectiveness and therefore the successful operation of the Apostille Convention". (page 5)
In February 2009 the Hague Conference decided to amend the wording on the Apostille to make it clear that no one was checking whether the document being attested was genuine or a fake.
The new wording to be used was as follows.
"This Apostille only certifies the signature, the capacity of the signer and the seal or stamp it bears. It does not certify the content of the document for which it was issued."
Hague Conference on Private International Law
The Hague Conference on Private International Law is the preeminent organisation in the area of private international law....
. It specifies the modalities through which a document issued in one of the signatory countries can be certified for legal purposes in all the other signatory states. Such a certification is called an apostille . It is an international certification comparable to a notarisation
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
in domestic law.
Procedure
Apostilles are affixed by Competent Authorities designated by the government of a state which is party to the convention. A list of these authorities is maintained by the Hague Conference on Private International Law. Examples of designated authorities are embassies, ministries, courts or (local) governments. For example, in the United States, the Secretary of State of each state and his or her deputies are usually competent authorities. In the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, all apostilles are issued by the Foreign and Commonwealth Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
in Milton Keynes
Milton Keynes
Milton Keynes , sometimes abbreviated MK, is a large town in Buckinghamshire, in the south east of England, about north-west of London. It is the administrative centre of the Borough of Milton Keynes...
.
To be eligible for an apostille, a document must first be issued or certified by an officer recognised by the authority that will issue the apostille. For example, in the US state of Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, the Secretary of State maintains specimen signatures of all notaries public, so documents that have been notarised are eligible for apostilles. Likewise, courts in the Netherlands are eligible of placing an apostille on all municipal civil status documents directly. In some cases, intermediate certifications may be required in the country where the document originates before it will be eligible for an apostille. For example, in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, the Office of Vital Records (which issues, among other things, birth certificate
Birth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...
s) is not directly recognised by the New York Secretary of State. As a consequence, the signature of the City Clerk must be certified by the County Clerk of New York County to make the birth certificate eligible for an apostille.
Information included in an apostille
The apostille itself is a stamp or printed form consisting of 10 numbered standard fields. On the top is the text APOSTILLE, under which the text Convention de La Haye du 5 octobre 1961 (Hague Convention of 5 October 1961) is placed. In the numbered fields the following information is added:- Country ... [country name]This public document
- has been signed by ... [name]
- acting in the capacity of ... [function]
- bears the seal/stamp of ... [authority]certified
- at ... [location]
- the ... [date]
- by ... [name]
- No ... [apostille registration number]
- Seal/stamp ... [of the authority giving the apostille]
- Signature ... [signature of authority giving the apostille]
The information can be placed on the (back of the) document itself, or attached to the document as an allonge
Allonge
Allonge , a slip of paper affixed to a negotiable instrument, as a bill of exchange, for the purpose of receiving additional endorsements for which there may not be sufficient space on the bill itself. An endorsement written on the allonge is deemed to be written on the bill itself...
.
Eligible documents
Four types of documents are mentioned in the convention:- court documents
- administrative documents (e.g. civil status documents)
- notarial acts
- official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.
Procedure for non-states parties (Legalization)
States that have not signed the Convention must specify how foreign legal documents can be certified for its use. Two countries may have a special convention on the recognition of each other's public documents, but in practice this is infrequent. When such a convention is lacking, as is normally the case, the document must be certified by the foreign ministry of the country where the document originated and then by the foreign ministry of the government where the document will be used; one of the certifications will often be performed at an embassy or consulate. In practice this means the document must be certified twice before it can have legal effect in the receiving country. For example, as a non-signatory, Canadian documents for use abroad must be certified by the Deputy Minister of Foreign Affairs in OttawaOttawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
or by a consular official abroad and subsequently by the relevant government office or consulate of the receiving state.
States parties
The convention is in force for all members of the European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
and all but 10 members of the Hague Conference on Private International Law. The next countries to accede to the convention are Kyrgyzstan
Kyrgyzstan
Kyrgyzstan , officially the Kyrgyz Republic is one of the world's six independent Turkic states . Located in Central Asia, landlocked and mountainous, Kyrgyzstan is bordered by Kazakhstan to the north, Uzbekistan to the west, Tajikistan to the southwest and China to the east...
, Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
and Oman
Oman
Oman , officially called the Sultanate of Oman , is an Arab state in southwest Asia on the southeast coast of the Arabian Peninsula. It is bordered by the United Arab Emirates to the northwest, Saudi Arabia to the west, and Yemen to the southwest. The coast is formed by the Arabian Sea on the...
, for which the treaty will enter into force on 31 July, 14 December 2011 and 30 January 2012 respectively.
| State | Entry into Force | Apostille notrecognized in | comment |
 Albania |
Belgium, Germany,Greece, Italy and Spain | ||
 Andorra |
|||
 Antigua and Barbuda |
|||
 Argentina |
|||
 Armenia |
|||
 Australia |
|||
 Austria |
|||
 Azerbaijan |
Germany | ||
 The Bahamas |
|||
 Barbados |
|||
 Belarus |
|||
 Belgium |
|||
 Belize |
|||
 Bosnia and Herzegovina |
|||
 Botswana |
|||
 Brunei |
|||
 Kingdom of Bulgaria |
|||
 Cape Verde |
|||
 Colombia |
|||
 Cook Islands |
|||
 Costa Rica |
|||
 Independent State of Croatia |
|||
 Cyprus |
|||
 Czech Republic |
|||
 Kingdom of Denmark |
does not apply for Greenland Greenland Greenland is an autonomous country within the Kingdom of Denmark, located between the Arctic and Atlantic Oceans, east of the Canadian Arctic Archipelago. Though physiographically a part of the continent of North America, Greenland has been politically and culturally associated with Europe for... and the Faroe Islands Faroe Islands The Faroe Islands are an island group situated between the Norwegian Sea and the North Atlantic Ocean, approximately halfway between Scotland and Iceland. The Faroe Islands are a self-governing territory within the Kingdom of Denmark, along with Denmark proper and Greenland... |
||
 Dominica |
|||
 Dominican Republic |
Austria, Belgium,Germanyand the Netherlands | ||
 Ecuador |
|||
 El Salvador |
|||
 Estonia |
|||
 Fiji |
|||
 Finland |
|||
 Early Modern France |
|||
 Georgia (country) |
Greece | ||
 Germany |
|||
 Greece |
|||
 Grenada |
|||
 Honduras |
|||
 Hong Kong |
The convention is still applicable to Hong Kong despite the transfer of sovereignty over Hong Kong on . |
||
 Hungary |
|||
 Iceland |
|||
 India |
Germany | ||
 Republic of Ireland |
|||
 Israel |
|||
 Italy |
|||
 Japan |
|||
 Kazakhstan |
|||
 Kyrgyzstan |
|||
 Latvia |
|||
 Lesotho |
|||
 Liberia |
Belgium, Germanyand the United States | ||
 Liechtenstein |
|||
 Lithuania |
|||
 Luxembourg |
|||
 Macau |
The convention is still applicable to Macau despite the transfer of sovereignty over Macau on . |
||
 Republic of Macedonia |
|||
 Malawi |
|||
 Malta |
|||
 Marshall Islands |
|||
 Mauritius |
|||
 Mexico |
|||
 Moldova |
Germany | ||
 Monaco |
|||
 Mongolia |
Austria, Belgium, Finland,Germany and Greece | ||
 Kingdom of Montenegro |
|||
 Namibia |
|||
 Kingdom of the Netherlands |
Aruba Aruba Aruba is a 33 km-long island of the Lesser Antilles in the southern Caribbean Sea, located 27 km north of the coast of Venezuela and 130 km east of Guajira Peninsula... , Curaçao Curaçao Curaçao is an island in the southern Caribbean Sea, off the Venezuelan coast. The Country of Curaçao , which includes the main island plus the small, uninhabited island of Klein Curaçao , is a constituent country of the Kingdom of the Netherlands... ,Netherlands Netherlands The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders... and Sint Maarten |
||
 New Zealand |
|||
 Niue |
|||
 Norway |
|||
 Oman |
|||
 Panama |
|||
 Peru |
Germany and Greece | ||
 Poland |
|||
 Portugal |
|||
 Kingdom of Romania |
|||
 Russia |
|||
 Saint Kitts and Nevis |
|||
 Saint Lucia |
|||
 Saint Vincent and the Grenadines |
|||
 Samoa |
|||
 San Marino |
|||
 São Tomé and Príncipe |
|||
 Serbia |
|||
 Seychelles |
|||
 Slovakia |
|||
 Slovenia |
|||
 South Africa |
|||
 South Korea |
|||
 Spain |
|||
 Suriname |
|||
 Swaziland |
|||
 Sweden |
|||
 Switzerland |
|||
 Tonga |
|||
 Trinidad and Tobago |
|||
 Turkey |
|||
 Ukraine |
|||
 United Kingdom |
including Crown Dependencies andBritish Overseas Territories British overseas territories The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories... |
||
 United States |
|||
 Vanuatu |
|||
 Venezuela |
Abuse
The Apostille does not give information regarding the quality of the document, but certifies the signature (and the capacity of who placed it) and correctness of the seal/stamp on the document which must be certified.In 2005 The Hague Conference surveyed its members and produced the a report in December 2008 which expressed serious concerns about Diplomas and Degree certificates, titled
"THE APPLICATION OF THE APOSTILLE CONVENTION TO DIPLOMAS INCLUDING THOSE ISSUED BY DIPLOMA MILLS
Diploma mill
A diploma mill is an organization that awards academic degrees and diplomas with substandard or no academic study and without recognition by official educational accrediting bodies. The purchaser can then claim to hold an academic degree, and the organization is motivated by making a profit...
".
The possible abuse of the system was highlighted "Particularly troubling is the possible use of diploma mill qualifications to circumvent migration controls, possibly by potential terrorists." (page 5)
The risk comes from the fact that the various government stamps give the document an air of authenticity without anyone having checked the underlying document. "An official looking certificate may be issued to a copy of a diploma mill qualification, and then subsequently issued with an Apostille, without anyone having ever verified the signature on, let alone the contents of, the diploma." (page 7)
Further member states indicated "they would be obliged to issue an Apostille for certification of a certified copy of a diploma issued by a diploma mill". (page 15)
The Hague Conference expressed concern as to whether this issue could impact the entire convention.
"…the Apostille does not 'look through the certification' and does not relate to the diploma itself …. There is a clear risk that such practices may eventually undermine the effectiveness and therefore the successful operation of the Apostille Convention". (page 5)
In February 2009 the Hague Conference decided to amend the wording on the Apostille to make it clear that no one was checking whether the document being attested was genuine or a fake.
The new wording to be used was as follows.
"This Apostille only certifies the signature, the capacity of the signer and the seal or stamp it bears. It does not certify the content of the document for which it was issued."
See also
- Legalization (international law)
- Hague Conference on Private International LawHague Conference on Private International LawThe Hague Conference on Private International Law is the preeminent organisation in the area of private international law....
- Convention on the issue of multilingual extracts from civil status recordsConvention on the issue of multilingual extracts from civil status recordsThe Convention on the issue of multilingual extracts from civil status records is a multilateral convention, drafted by the International Commission on Civil Status which defines a uniform format for extracts on civil status...