(Concluded October 5, 1961)
States signatories to this Convention, Desiring to abolish the requirement
legalization diplomatic or consular for foreign public documents,
Have resolved to conclude a Convention to this effect and have agreed as follows:
Article 1 This Convention shall apply to public documents which have been authorized in the territory of a Contracting State to be be produced in the territory of another Contracting State.
be considered as public documents for the purposes of this Convention:
a) documents emanating from an authority or official connected with
jurisdiction of the state, including those from the public prosecutor or a clerk, officer or bailiff;
b) administrative documents;
c) legal documents;
d) official certificates which are placed on private documents, such as log entries
, checks on the certainty of a date and signature authentication.
However, the present Convention shall not apply:
a) documents issued by diplomatic or consular
b) to administrative documents dealing directly with commercial operation oaduanera.
Article 2 Each Contracting State shall exempt from legalization documents to which this Convention applies and which must be produced in its territory. Legalization, in the sense of this Convention, only cover the formality by which the diplomatic or consular agents of the country in whose territory the document to be produced certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which bears.
Article 3
The only formality that may be required to certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which the document is covered, will Apostille fixing described in Article 4, issued by the competent authority of that provided by the document.
However, the formality mentioned in the preceding paragraph shall not be required when laws, regulations or practices in force in the State where the document is produced or an agreement between two or more Contracting States have abolished the legalization simplify or exempt the document itself .
Article 4
The Apostille under Article 3, first paragraph, shall be placed on the document itself or on an extension of himself, and constantly adapt to the model annexed to this Convention.
However, the Apostille may be in the official language of the issuing authority. The standard terms appearing therein may also be written in a second language. The title "Apostille (Convention de La Haye du 5 octobre 1961) "must be mentioned in French.
Article 5
The Apostille is issued at the request of the signatory or of any bearer of the document.
properly filled in, certifying the authenticity of the signature, the capacity in which the document has acted and, where appropriate, the identity of the seal or stamp which the document bears.
The signature, seal or stamp on the Apostille be exempt from all certification.
Article 6
Each Contracting State shall designate the authorities , considered on the basis
exercise their functions as such, to which that State are competent to issue the Apostille in accordance with paragraph Article 3 first.
Each Contracting State shall communicate this designation to the Ministry of Foreign Affairs of the Netherlands at the time of deposit of its instrument of ratification or accession or its declaration of extension. We also notify the Ministry any change in the designation of these authorities.
Article 7
Each of the authorities designated under Article 6 shall keep a record or file in which it shall record the Apostilles issued, specifying:
a) the serial number and date of the Apostille,
b) name of signing the public document and quality that has acted, or for losdocumentos not signed, an indication of the authority which has affixed the seal or stamp.
At the request of any interested party, the authority which issued the Apostille should check whether the annotations included in the Apostille comply with the registry or file.
Article 8
When two or more Contracting States a treaty, convention or agreement containing provisions which subject the certification of a signature, seal or stamp to certain formalities, the present Convention will only override such provisions if those formalities are more rigorous than those provided for in Articles 3 and 4.
Article 9 Each Contracting State shall take the necessary measures to prevent its diplomatic or consular legalisations in cases where this Convention provides for exemption from them.
Article 10 This Convention shall be open for signature by the States represented at the Ninth Session of the Hague Conference on Private International Law, as well as Ireland, Iceland, Liechtenstein and Turkey.
be ratified and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands.
Article 11 This Convention shall enter into force sixty days after the deposit of the third instrument of ratification referred to in paragraph Two of Article 10.
The Convention will enter into force for each signatory State which ratifies subsequently on the sixtieth day after the deposit of its instrument of ratification.
Article 12 Any State not referred to in Article 10 may accede to this Convention after it has entered into force under Article 11, first paragraph. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands.
The accession shall have effect only in relations between the acceding State and those Contracting States which have raised no objections within six months following receipt of the notification referred to Article 15, point d). Such objection shall be notified to the Ministry of Foreign Affairs of the Netherlands.
The Convention shall enter into force between the acceding State and those States which have raised no objection to its accession on the sixtieth day of the expiration of six months mentioned in the preceding paragraph.
Article 13 Any State may declare at the time of signature, ratification or accession, this Convention shall extend to all territories for whose international relations it is responsible, or one or more of them. This declaration shall take effect upon the entry into force of the Convention for that State.
Thereafter, any such extensions shall be notified to the Ministry of Foreign Affairs of the Netherlands.
When the declaration of extension is made by a State which has signed and ratified the Convention shall enter into force for the territories concerned in accordance with the provisions of Article 11. When the declaration of extension is made by a State which has acceded to the Convention shall enter into force for the territories concerned in accordance with the provisions of Article 12.
Article 14 This Agreement shall be five years from the date of its entry into force pursuant to paragraph one of article 11, even for States which have ratified or acceded to it subsequently.
no denunciation, it shall be renewed tacitly every five years.
denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the expiration of five years.
may be limited to certain territories to which the Convention applies.
Denunciation shall take effect with respect to the notifying State. The Agreement shall remain in effect for other Contracting States.
Article 15 The Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in article 10, and the States which have acceded in accordance with Article 12:
a) the notifications referred to in Article 6, second paragraph;
b) signatures and ratifications referred to in Article 10;
c) date on which this Convention enters into force as provided in Article 11, first paragraph;
d) the accessions and objections referred to in Article 12 and the date on which the adhesioneshayan take effect;
e) extensions under Article 13 and the date they take effect;
f) the denunciations referred to in the third paragraph of Article 14.
In witness whereof, the undersigned, being duly authorized signed this Convention.
Done at The Hague on October 5, 1961, in French and English, the French text in case of divergence between the two texts, in a single copy which shall be deposited in the archives of the Government of the Netherlands and to be sent by diplomatic channels, a certified copy to each of the States represented at the Ninth Session of the Hague Conference on Private International Law, as well as Iceland, Ireland, Liechtenstein and Turkey.
Annex to the Convention Apostille Model
The Apostille will be shaped like a square of side 9 cm, at least
APOSTILLE
(Convention de La Haye du 5 octobre 1961)
1. Country :................................................ ........................... This public document
2. has been signed by .............................................. ...
3. who acts as .......................................
4. and is put on the seal / stamp of .....................
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....................... Certificate
5. on ............................ 6. on ... ... ... ...... ... ... ..
7. by ................................................. ... ... ... ... ... ... ... ..
8. No. ............................
9. Sello / stamp: 10. Signature:
... ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... ... ... ..
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