The Apostille Convention and the eAPP Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents Dr Christophe Bernasconi Secretary General Georgetown Guyana ID: 762839
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The Apostille Convention and the e-APPConvention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents Dr Christophe BernasconiSecretary General Georgetown, GuyanaJuly 2016
Production of public documents abroad Without the Apostille ConventionTHE LEGALISATION CHAIN 1st authentication (e.g. civil registry) 2 nd authentication (Justice Ministry) 3 rd authentication (Foreign Ministry) 5 th authentication (Foreign Ministry of State of Destination) some States only 4 th authentication (Consulate of State of Destination) Public Document ready to be produced in the State of destination STATE OF DESTINATION Public Document executed in State of origin STATE OF ORIGIN
Production of public documents abroad With the Apostille ConventionSIMPLIFIED PROCESS UNDER THE APOSTILLE CONVENTION Verification of APOSTILLE using register kept Competent Authority in State of origin Public Document executed in State of origin STATE OF ORIGIN Public Document ready to be produced in the State of destination STATE OF DESTINATION APOSTILLE issued by Competent Authority in State of origin One Step Process
112 Contracting States…NB: Boundaries on this map are based upon those used by the UN Cartographic Section. The number of States reflects the Parties as recorded by the Depositary (NL MFA). Neither should be taken to imply official endorsement or acceptance.
… and many others considering joining ( )CanadaGuatemalaQatar IranPhilippinesMalaysia Partner States of the East African Community Bolivia Viet Nam Palau NB: Boundaries on this map are based upon those used by the UN Cartographic Section. The number of States reflects the Parties as recorded by the Depositary (NL MFA). Neither should be taken to imply official endorsement or acceptance.
The most widely ratified /acceded to of all the Hague Conventions48 new Contracting States since 2000 (75% increase in Contracting States since 2000 (then 64 CS); over 42% of the current total of Contracting States)By far the most often used and applied Hague Convention Effective and widespread operationMillions of Apostilles issued every year – real impact on people’s life / commercial operators’ business (“makes a difference”)
Apostille Convention in the RegionNB: Boundaries on this map are based upon those used by the UN Cartographic Section. The number of States reflects the Parties as recorded by the Depositary (NL MFA). Neither should be taken to imply official endorsement or acceptance. 24 Contracting States (Also in force in 19 other territories in the region)
endorses the Convention: “replaces the cumbersome formalities with the issuance by a single government entity of a [single] certificate that authenticates the origin of the public document.” And notes that:“For companies, this is especially useful as it greatly facilitates the recognition of the parent companies’ documents during the registration process in a new country.” Apostilles aiding Foreign InvestmentThe World Bank Group Investing Across Borders Report (2010)
Apostilles facilitating International Trade Cross-border trade can require a considerable amount of paperwork, and the origin of the documents must be authenticated Apostille Convention is the “global standard” that is recognised and expected by parties involved in cross-border transactions
Why the electronic Apostille Program(e-APP)?Increasing number of public documents executed in electronic format (incl. e-notarial acts) – Convention must keep pace with such e-Government initiativesMany States continue to issue Apostilles manually, with some even stapling them to the underlying document (leads to concerns of fraud…)The origin of a public document is not always verified adequately before the Apostille is issuedThe Registers are hardly used in practice (at least when kept in old-fashioned form…)Operation of the Convention can be further improved by such technologies, consistent with the spirit and letter of the Convention
Two componentsIssuance of Apostilles in electronic format, with a digital certificate Operation of Apostille registers in electronic format than can be accessed online to verify the origin of paper and e-Apostilles e-Apostilles e-Registers Electronic public document Paper public document e-Apostille e -Apostille Paper Apostille issued with e-Apostille* issued with e-Register verified with e-Register verified with *Subject to domestic law
Advantages of the e-APPMore secure More efficient Flexible Straightforward Green
The e-Apostille component
The e-Apostille component Executed in electronic format Executed in paper then scanned* *Subject to domestic law Public Document executed in State of origin STATE OF ORIGIN Public Document ready to be produced in the State of destination STATE OF DESTINATION APOSTILLE issued by Competent Authority in State of origin SIMPLIFIED PROCESS UNDER THE APOSTILLE CONVENTION
Example of an e-Apostille Spain Electronic Public Document e-Apostille
The e-Register component
The e-Register component Public Document executed in State of originSTATE OF ORIGIN Public Document ready to be produced in the State of destinationSTATE OF DESTINATION APOSTILLE issued by Competent Authority in State of origin SIMPLIFIED PROCESS UNDER THE APOSTILLE CONVENTION Verification of APOSTILLE using register kept Competent Authority e
Functionality Category Information displayed Basic “Yes” / “No” [Not recommended by Permanent Bureau] Categories of e-Registers Additional “Yes” / “No” + information on Apostille and/or underlying document (possibly visual check) Advanced “Yes” / “No” + information on Apostille and/or underlying document (possibly visual check) + digital verification of Apostille and/or underlying document
Andorra
Andorra
Georgia Apostille Underlying Document
Austria Underlying Document with e-Signature Apostille
Status of the e-APPTable 1 of 2 Andorra Ministry of Foreign Affairs July 2009 Australia Department of Foreign Affairs and Trade December 2015 Austria Federal Ministry for Europe, Integration and Foreign Affairs June 2015 June 2015 Bahrain Ministry of Foreign Affairs December 2015 October 2014 Belgium Federal Public Service: Foreign Affairs, Foreign Trade and Development Cooperation October 2007 Bulgaria Ministry of Justice November 2008 China (Hong Kong SAR) Registrar of the High Court, Judiciary of the HKSAR September 2014 Colombia Ministry of Foreign Affairs October 2007 October 2007 Costa Rica Ministry of Foreign Affairs December 2011 Dominican Republic Ministry of Foreign Affairs August 2009 Georgia Ministry of Justice (including 7 Regional Offices) July 2009 Ireland Department of Foreign Affairs March 2013 Mexico Ministry of Interior February 2010 Federal District – Legal Department tbc Jalisco – Secretary of Government tbc Republic of Moldova Ministry of Justice October 2013 January 2009 New Zealand Department of Internal Affairs May 2009 April 2010 Nicaragua Ministry of Foreign Affairs May 2013 States Competent Authority( ies ) e-Apostilles (implementation date) e-Register (implementation date)
States Competent Authority( ies) e-Apostilles (implementation date) e-Register (implementation date) Paraguay Ministry of Foreign Affairs August 2014 Peru Ministry of Foreign Affairs (including 7 Regional Offices) October 2010 Romania Offices of the Prefect December 2014 Russian Federation 83 executive bodies of constituent entities ("federal subjects") April 2012 Slovenia 11 District Courts September 2012 Spain 44 judicial and administrative Competent Authorities May 2011 May 2011 Tajikistan Ministry of Foreign Affairs Ministry of Justice February 2016 United Kingdom Foreign and Commonwealth Office March 2014 United States of America California - Secretary of State December 2010 Colorado - Secretary of State April 2011 Kansas - Secretary of State February 2007 North Carolina - Secretary of State June 2010 Rhode Island - Secretary of State February 2007 Texas - Secretary of State November 2008 Washington - Secretary of State September 2011 West Virginia - Secretary of State February 2011 Ukraine Ministry of Education and Science January 2013 Ministry of Justice November 2015 Uruguay Ministry of Foreign Affairs October 2012 Status of the e-APP Table 2 of 2
Apostille Section of HCCH Website
Publications The ABCs of ApostillesBrochure for users of Apostilles with short answers to FAQs, including when, where and how Apostilles are issued and what their effects are. Brief Implementation GuideGuide to assist authorities in new and potential Contracting States to implement the Convention. Includes practical tips on how to issue and register Apostilles. Apostille Handbook Comprehensive Handbook to assist Competent Authorities in performing their functions under the Convention.
Thank you www.hcch.net Dr Christophe Bernasconi Secretary General