Apostille Convention

"Apostille" redirects here. Not to be confused with Apostle or Apostil.

Apostille Convention
Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents
  In force
  Acceded but not yet in force
Signed5 October 1961 (1961-10-05)
LocationThe Hague, Netherlands
Effective24 January 1965
ConditionRatification by 3 signatories[1]
Parties127
DepositaryMinistry of Foreign Affairs of the Netherlands
LanguagesFrench (prevailing in case of divergence) and English
Full text
Apostille Convention at Wikisource

The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention, is an international treaty drafted by the Hague Conference on Private International Law (HCCH). The Apostille Convention is intended to simplify the procedure through which a document, issued in one of the contracting states, can be certified for legal purposes in the other contracting states of the convention. A certification under the convention is called an apostille or Hague apostille (from French apostille, meaning a marginal or bottom note, derived from Latin post illa, meaning "after those [words of the text]").[2] An apostille is an international certification comparable to a notarisation, and may supplement a local notarisation of the document. If the Convention applies between two states, an apostille issued by the state of origin is sufficient to certify the document, and removes the need for further certification by the destination state.

Background

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Main article: Document legalization
Legalization of a Canadian document for use in the Netherlands (before Canada acceded to the Apostille Convention). This document was certified by the Canadian Department of Foreign Affairs and International Trade and subsequently by the Embassy of the Netherlands in Canada.
Apostille issued by the U.S. state of Alabama. This apostille is sufficient to certify the document for any state where the Apostille Convention is in force.

Many states require the verification of the authenticity of foreign documents in a procedure called legalization, for the document to be legally valid there. This legalization is generally a chain of certifications, by one or more authorities of the state where the document was issued and of the destination state. The first authority certifies the issuer of the document, and each subsequent authority certifies the previous one, until the final certification is made by an authority of the destination state that can be recognized by the final user there.[3] For example, to be accepted in Thailand, a document from the U.S. state of Maryland not issued by a government official must be certified by a notary public, who must then be certified by the clerk of the circuit court in the notary's county, who must then be certified by the Maryland Secretary of State, who must then be certified by the U.S. Department of State, which must finally be certified by the Embassy of Thailand in the United States.[4][5]

In many cases, the legalization procedure is simplified or exempted altogether. For example, some states have agreements eliminating the legalization requirement for certain documents issued by each other, such as between Argentina and Italy,[6] between Brazil and France,[7] between parties of the Convention on the Issue of Multilingual Extracts from Civil Status Records,[8][9] and between parties of the Convention on Legal Assistance and Legal Relations of the Commonwealth of Independent States.[10][11] The European Union also has a regulation eliminating the legalization requirement for certain documents of its member states to be accepted by each other.[12] Some states such as Canada, Japan, South Africa, the United Kingdom and the United States generally accept documents from any state without any certification.[13][14][15][16][17]

The Apostille Convention, drafted by the Hague Conference on Private International Law (HCCH), is intended to simplify the legalization procedure by replacing it with a certification called an apostille, issued by an authority designated by the state of origin. Ideally the apostille would be the only certification needed, but in some cases additional certifications in the state of origin may be required before the apostille is issued. In any case, after the apostille, no certification by the destination state is required.[3]

Contracting states

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The Convention permits certain states to sign and ratify the convention, becoming contracting states.[a] For each of these states, or for an extension to one of its territories, the Convention enters into force 60 days after the deposit of its ratification or territorial extension. Other states are also permitted to become contracting states by acceding to the convention, but without signing it. For each of these states, during the period of six months after it deposits its accession, the other contracting states may object to it, and the Convention enters into force 60 days after this period, between the acceding state and all other contracting states that did not object to it.[1] Later, if a contracting state withdraws its objection, the Convention enters into force between these two states at that time. A successor state of a previous contracting state may declare to continue to be bound by the Convention without a waiting period or accede later as a new state.

As of October 2024, 127 states are contracting states of the Apostille Convention.[19][20]

State Signed Deposited Entered into force
 Albania[b] — 3 September 2003 9 May 2004
 Andorra — 15 April 1996 31 December 1996
 Antigua and Barbuda[c] — 1 May 1985 1 November 1981
 Argentina[d] — 8 May 1987 18 February 1988
 Armenia — 19 November 1993 14 August 1994
 Australia[e] — 11 July 1994 16 March 1995
 Austria[f] 5 October 1961 14 November 1967 13 January 1968
 Azerbaijan[g] — 13 May 2004 2 March 2005
 Bahamas[c] — 30 April 1976 10 July 1973
 Bahrain — 10 April 2013 31 December 2013
 Bangladesh[h] — 29 July 2024 30 March 2025
 Barbados[c] — 11 August 1995 30 November 1966
 Belarus[i] — 16 June 1992 31 May 1992
 Belgium 10 March 1970 11 December 1975 9 February 1976
 Belize — 17 July 1992 11 April 1993
 Bolivia — 6 September 2017 7 May 2018
 Bosnia and Herzegovina[j] — 23 August 1993 6 March 1992
 Botswana[c] — 16 September 1968 30 September 1966
 Brazil — 2 December 2015 14 August 2016
 Brunei[k] — 23 February 1987 3 December 1987
 Bulgaria — 1 August 2000 29 April 2001
 Burundi[l] — 10 June 2014 13 February 2015
 Canada — 12 May 2023 11 January 2024
 Cape Verde[m] — 7 May 2009 13 February 2010
 Chile — 16 December 2015 30 August 2016
 China[n] — 8 March 2023 7 November 2023
 Colombia — 27 April 2000 30 January 2001
 Cook Islands — 13 July 2004 30 April 2005
 Costa Rica — 6 April 2011 14 December 2011
 Croatia[j] — 23 April 1993 8 October 1991
 Cyprus — 26 July 1972 30 April 1973
 Czech Republic — 23 June 1998 16 March 1999
 Denmark[o] 20 October 2006 30 October 2006 29 December 2006
 Dominica[c] — 22 October 2002 3 November 1978
 Dominican Republic[p] — 12 December 2008 30 August 2009
 Ecuador — 2 July 2004 2 April 2005
 El Salvador — 14 September 1995 31 May 1996
 Estonia[f] — 11 December 2000 30 September 2001
 Eswatini[c] — 3 July 1978 6 September 1968
 Fiji[c] — 29 March 1971 10 October 1970
 Finland[f] 13 March 1962 27 June 1985 26 August 1985
 France[q] 9 October 1961 25 November 1964 24 January 1965
 Georgia[r] — 21 August 2006 14 May 2007
 Germany[s][f] 5 October 1961 15 December 1965 13 February 1966
 Greece 5 October 1961 19 March 1985 18 May 1985
 Grenada[k] — 17 July 2001 7 April 2002
 Guatemala — 19 January 2017 18 September 2017
 Guyana[k] — 30 July 2018 18 April 2019
 Honduras — 20 January 2004 30 September 2004
 Hungary — 18 April 1972 18 January 1973
 Iceland 7 September 2004 28 September 2004 27 November 2004
 India[t] — 26 October 2004 14 July 2005
 Indonesia — 5 October 2021 4 June 2022
 Ireland 29 October 1996 8 January 1999 9 March 1999
 Israel — 11 November 1977 14 August 1978
 Italy 15 December 1961 13 December 1977 11 February 1978
 Jamaica — 2 November 2020 3 July 2021
 Japan 12 March 1970 28 May 1970 27 July 1970
 Kazakhstan — 5 April 2000 30 January 2001
 Kosovo[u] — 6 November 2015 14 July 2016
 Kyrgyzstan[v] — 15 November 2010 31 July 2011
 Latvia[f] — 11 May 1995 30 January 1996
 Lesotho[c] — 24 April 1972 4 October 1966
 Liberia[w] — 24 May 1995 8 February 1996
 Liechtenstein 18 April 1962 19 July 1972 17 September 1972
 Lithuania[f] — 5 November 1996 19 July 1997
 Luxembourg 5 October 1961 4 April 1979 3 June 1979
 Malawi — 24 February 1967 2 December 1967
 Malta — 12 June 1967 3 March 1968
 Marshall Islands — 18 November 1991 14 August 1992
 Mauritius[c] — 20 December 1968 12 March 1968
 Mexico — 1 December 1994 14 August 1995
 Moldova[x] — 19 June 2006 16 March 2007
 Monaco — 24 April 2002 31 December 2002
 Mongolia[y] — 2 April 2009 31 December 2009
 Montenegro[j] — 30 January 2007 3 June 2006
 Morocco[z] — 27 November 2015 14 August 2016
 Namibia — 25 April 2000 30 January 2001
 Netherlands[aa] 30 November 1962 9 August 1965 8 October 1965
 New Zealand[ab] — 7 February 2001 22 November 2001
 Nicaragua — 7 September 2012 14 May 2013
 Niue — 10 June 1998 2 March 1999
 North Macedonia[j] — 20 September 1993 17 November 1991
 Norway 30 May 1983 30 May 1983 29 July 1983
 Oman — 12 May 2011 30 January 2012
 Pakistan[ac] — 8 July 2022 9 March 2023
 Palau — 17 October 2019 23 June 2020
 Panama — 30 October 1990 4 August 1991
 Paraguay[ad] — 10 December 2013 30 August 2014
 Peru[ae] — 13 January 2010 30 September 2010
 Philippines[af] — 12 September 2018 14 May 2019
 Poland[f] — 19 November 2004 14 August 2005
 Portugal[m][f] 20 August 1965 6 December 1968 4 February 1969
 Romania[f] — 7 June 2000 16 March 2001
 Russia[ag] — 4 September 1991 31 May 1992
 Rwanda[ah] — 6 October 2023 5 June 2024
 Saint Kitts and Nevis[k] — 26 February 1994 14 December 1994
 Saint Lucia[k] — 5 December 2001 31 July 2002
 Saint Vincent and the Grenadines[c] — 2 May 2002 27 October 1979
 Samoa — 18 January 1999 13 September 1999
 San Marino — 26 May 1994 13 February 1995
 São Tomé and Príncipe[m] — 19 December 2007 13 September 2008
 Saudi Arabia — 8 April 2022 7 December 2022
 Senegal[ai] — 13 July 2022 23 March 2023
 Serbia[j] — 26 April 2001 27 April 1992
 Seychelles — 9 June 1978 31 March 1979
 Singapore — 18 January 2021 16 September 2021
 Slovakia — 6 June 2001 18 February 2002
 Slovenia[j] — 8 June 1992 25 June 1991
 South Africa — 3 August 1994 30 April 1995
 South Korea — 25 October 2006 14 July 2007
 Spain 21 October 1976 27 July 1978 25 September 1978
 Suriname[aj] — 29 October 1976 25 November 1975
 Sweden 2 March 1999 2 March 1999 1 May 1999
  Switzerland 5 October 1961 10 January 1973 11 March 1973
 Tajikistan[ak] — 20 February 2015 31 October 2015
 Tonga[c] — 28 October 1971 4 June 1970
 Trinidad and Tobago — 28 October 1999 14 July 2000
 Tunisia[al] — 10 July 2017 30 March 2018
 Turkey 8 May 1962 31 July 1985 29 September 1985
 Ukraine[am][f] — 2 April 2003 22 December 2003
 United Kingdom[an] 19 October 1961 21 August 1964 24 January 1965
 United States[ao] — 24 December 1980 15 October 1981
 Uruguay — 9 February 2012 14 October 2012
 Uzbekistan[ap] — 25 July 2011 15 April 2012
 Vanuatu[aq] — 1 August 2008 30 July 1980
 Venezuela — 1 July 1998 16 March 1999

Potential accessions

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The governments of Iran, Lebanon, Malaysia and Vietnam have expressed interest in acceding to the Apostille Convention.[79][80][81][82]

Procedure

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Eligible documents

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The Convention mentions four types of documents eligible for apostilles:[1]

  • court documents;
  • administrative documents (e.g. vital records);
  • 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.

However, the Apostille Convention does not apply to documents issued by diplomatic or consular officers, or to administrative documents dealing directly with commercial or customs operations.[1] The reason for this exclusion is that these documents are usually already exempt from legalization.[83]

Competent authorities

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Each contracting state designates one or more authorities to issue apostilles. Examples of designated authorities are ministries, courts, subnational governments, notaries and registries. In some states, each authority is designated to issue apostilles only on certain types of documents. For example, in Hungary, apostilles are issued on court documents by the Ministry of Justice, on notarial documents by the Chamber of Civil Law Notaries, and on other documents by the Ministry of Foreign Affairs;[84] in Mexico, apostilles on federal documents are issued by the federal Secretariat of Governance, and on state documents by the respective state government.[85]

In general, documents issued by a government official can be certified directly with an apostille, while other documents must be certified by a notary, who may then be certified with an apostille. In some cases, additional intermediate certifications may be required; for example, for notarized or municipal documents in some U.S. states, the notary or municipal official must be certified by the respective county or court, which may then be certified by the respective state with an apostille.[4][86][87]

Cost

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The fee for issuing an apostille varies widely by state. In 2016, the HCCH compiled fees of 54 states and calculated an average of 15.43 EUR.[88] Some states, such as France and Japan, do not charge a fee,[89][90] while the Cayman Islands charge 150 KYD (180 USD), one of the highest.[91] In some states, the fee also varies by location, authority, quantity, purpose or type of document. For example, in the United States, Indiana does not charge a fee for an apostille of a birth certificate,[92] while Connecticut charges US$40 for an apostille not related to adoption.[93]

Format

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An apostille issued by Norway

The apostille is a stamp or printed form, placed on the document itself or attached to the document as an allonge. At the top is the title Apostille, followed by (Convention de La Haye du 5 octobre 1961) (French for "Hague Convention of 5 October 1961"). The Convention specifies that this text must be in French. After this text, the apostille contains ten numbered fields, which may be in English, French or the language of the competent authority, and may be repeated in one or more additional languages. The numbered fields contain the following information:[1][3]

  1. Country: [e.g. Hong Kong, China]
    This public document
  2. has been signed by [e.g. Henry CHO]
  3. acting in the capacity of [e.g. Notary Public]
  4. bears the seal/stamp of [e.g. High Court of Hong Kong]
    Certified
  5. at [location or authority issuing the apostille, e.g. High Court]
  6. the [e.g. 16 April 2014]
  7. by [e.g. Louis TANG, Registrar, High Court]
  8. No. [e.g. 2536218517]
  9. Seal/stamp: [of the authority issuing the apostille, e.g. Emblem of Hong Kong Special Administrative Region]
  10. Signature: [of the official issuing the apostille]

Verification

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An electronic apostille issued by Belgium

Each competent authority must maintain a register of apostilles issued, for verification on request by anyone.[1]

In 2006, the electronic apostille program (also known as e-APP) was launched to support the electronic issuance and verification of apostilles around the world.[511] Since then, many contracting states have implemented electronic apostilles or electronic registers for their verification.[512]

Validity

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Apostilles never expire. However, a document certified with an apostille may have an expiration date, or the destination state may require that the document be presented by a certain time.[3]

Additional requirements

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The apostille replaces the legalization requirement, but the destination state may have additional requirements for the document to be used there. For example, it may require that the document be translated into a certain language, although it must not require a translation of the apostille itself.[3]

Benefits and disadvantages

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The Apostille Convention is beneficial in cases that would otherwise require certifications by both the origin and destination states, as the Convention removes the latter requirement. However, the convention is neutral in cases that would otherwise require only a certification by the state of origin anyway, similar to an apostille, or no certification at all, and it can be disadvantageous in cases where a consular certification alone would otherwise be sufficient to legalize a document. The Convention requires that contracting states direct their embassies and consulates to no longer perform legalizations of documents where the Convention applies,[3] so in this case the apostille is the only method available to certify the document, not only an alternative to consular legalization, even if the latter would be simpler or less expensive.

For example, before Brazil acceded to the Apostille Convention, to legalize an educational document from the United States for academic use in Brazil, it was sufficient for the document to be certified by a Brazilian embassy or consulate in the United States, for a fee of 5 USD.[513] After the Convention entered into force in Brazil, its embassy and consulates in the United States no longer perform legalizations, so U.S. documents must have an apostille to be accepted in Brazil.[514] In some U.S. states, an apostille of an educational document requires more certifications or a higher fee than the Brazilian consular legalization did.[4][86][87][93]

This result is an unintended consequence, as the Convention still allows states to further simplify or eliminate the legalization requirement. The Hague Conference also encourages contracting states to eliminate the need for additional certifications before issuing an apostille, and to ensure that any fees are reasonable.[3]

Limitations and abuse

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The apostille only certifies that the signature, signer's capacity, and seal or stamp on the document are from the stated issuer. In other words, it only certifies the origin of the document, but it does not provide information about its content.[3] In 2008, the Hague Conference expressed serious concerns about diplomas and certificates issued by diploma mills, citing their possible use "to circumvent migration controls, possibly by potential terrorists."[515] 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. To address this concern, in 2009 the Hague Conference recommended that authorities add the following statement to apostilles: "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."[516]

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See also

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Notes

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  1. ^ These states were those represented at the ninth session of the Hague Conference on Private International Law (Austria, Belgium, Denmark, Finland, France, Greece, Italy, Japan, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, the United Kingdom, West Germany, and Yugoslavia),[18] Iceland, Ireland, Liechtenstein, and Turkey.[1]
  2. ^ The Convention entered into force between Albania and the following contracting states on different dates: Belgium on 21 December 2015, Germany on 9 December 2016, Greece on 26 February 2018, Italy on 26 May 2011, and Spain on 7 February 2017.[21]
  3. ^ a b c d e f g h i j k The United Kingdom extended the Convention to the predecessor of this state effective 25 April 1965. Following its independence, the state declared itself to continue to be bound by the Convention.[22]
  4. ^ Argentina objected to the extension of the Convention by the United Kingdom to the Falkland Islands, South Georgia and the South Sandwich Islands, and the British Antarctic Territory.[23]
  5. ^ Australia extended the Convention to all of its territories upon its accession.[24]
  6. ^ a b c d e f g h i j Austria, Estonia, Finland, Germany, Latvia, Lithuania, Poland, Portugal, Romania and Ukraine declared that they would not accept documents issued under the Convention by the Russian authorities in Crimea and Sevastopol.[66][67][68][43][69][70][71][58][72][73] Poland and Ukraine also declared that they would not accept documents issued by the authorities of the Donetsk and Luhansk People's Republics.[71][73]
  7. ^ The Convention is not in force between Azerbaijan and Germany. The Convention entered into force between Azerbaijan and the following contracting states on different dates: Hungary on 10 March 2005, and the Netherlands on 10 August 2010.[25]
  8. ^ Germany objected to the accession of Bangladesh to the Convention.[26]
  9. ^ Belarus declared itself bound by the Convention as one of the successor states of the Soviet Union.[27]
  10. ^ a b c d e f Yugoslavia signed the Convention on 5 October 1961, ratified it on 25 September 1962, and it entered into force for Yugoslavia on 24 January 1965.[19] Following its dissolution, the successor states of Bosnia and Herzegovina, Croatia, North Macedonia, Serbia and Montenegro, and Slovenia declared themselves bound by the Convention.[28][29][30][31][32] Following the dissolution of Serbia and Montenegro, the continuator state of Serbia and the successor state of Montenegro declared themselves bound by the Convention.[33]
  11. ^ a