The Apostille Convention and the eAPP Convention of

The Apostille Convention and the e-APP Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents Georgetown, Guyana July 2016 Dr Christophe Bernasconi Secretary General

STATE OF ORIGIN Production of public documents abroad Without the Apostille Convention Public Document 1 st authentication (e. g. civil registry) 2 nd authentication (Justice Ministry) executed in State of origin 3 rd authentication (Foreign Ministry) 4 th authentication (Consulate of State of Destination) STATE OF DESTINATION THE LEGALISATION CHAIN Public Document ready to be produced in the State of destination 5 th authentication (Foreign Ministry of State of Destination) some States only

STATE OF DESTINATION STATE OF ORIGIN Production of public documents abroad With the Apostille Convention Public Document One Step Process APOSTILLE issued by Competent Authority in State of origin executed in State of origin SIMPLIFIED PROCESS UNDER THE APOSTILLE CONVENTION Public Document ready to be produced in the State of destination Verification of APOSTILLE using register kept Competent Authority in State of origin

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 ( ) Canada Iran Viet Nam Philippines Guatemala Bolivia Qatar Malaysia Palau Partner States of the East African Community 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.

Effective and widespread operation § The most widely ratified /acceded to of all the Hague Conventions § 48 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 120 100 80 60 40 20 0 1970 1980 1990 2000 § Millions of Apostilles issued every year – real impact on people’s life / commercial operators’ business (“makes a difference”) 2016

Apostille Convention in the Region 24 Contracting States (Also in force in 19 other territories in the region) 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.

Apostilles aiding Foreign Investment The World Bank Group Investing Across Borders Report (2010) § 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 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 initiatives § Many 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 issued § The Registers are hardly used in practice (at least when kept in old-fashioned form…) Ø Operation of the Convention can be further improved by such technologies, consistent with the spirit and letter of the Convention

Two components e-Apostilles e-Registers Issuance 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 Electronic public document issued with e-Apostille Paper public document issued with e-Apostille* *Subject to domestic law e-Apostille verified with e-Register Paper Apostille verified with e-Register

Advantages of the e-APP More secure More efficient Flexible Straightforward Green

The e-Apostille component

STATE OF DESTINATION Executed in electronic format STATE OF ORIGIN The e-Apostille component Public Document executed in State of origin Public Document ready to be produced in the State of destination Executed in paper then scanned* APOSTILLE issued by Competent Authority in State of origin *Subject to domestic law SIMPLIFIED PROCESS UNDER THE APOSTILLE CONVENTION

Example of an e-Apostille Spain Electronic Public Document

The e-Register component

STATE OF DESTINATION STATE OF ORIGIN The e-Register component Public Document APOSTILLE issued by Competent Authority in State of origin executed in State of origin Public Document ready to be produced in the State of destination SIMPLIFIED PROCESS UNDER THE APOSTILLE CONVENTION Verification of APOSTILLE using register kept Competent Authority e

Categories of e-Registers Functionality Category Basic Additional Information displayed “Yes” / “No” [Not recommended by Permanent Bureau] “Yes” / “No” + information on Apostille and/or underlying document (possibly visual check) “Yes” / “No” Advanced + information on Apostille and/or underlying document (possibly visual check) + digital verification of Apostille and/or underlying document

Andorra

Andorra

Apostille Underlying Document Georgia

Apostille Underlying Document with e-Signature Austria

Status of the e-APP Table 1 of 2 e-Apostilles (implementation date) e-Register States Competent Authority(ies) 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 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) Colombia Registrar of the High Court, Judiciary of the HKSAR September 2014 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 Ministry of Interior February 2010 Federal District – Legal Department tbc Jalisco – Secretary of Government tbc Mexico Ministry of Foreign Affairs October 2007 (implementation date) October 2007 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

Status of the e-APP Table 2 of 2 e-Apostilles (implementation date) e-Register States Competent Authority(ies) 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 Tajikistan United Kingdom 44 judicial and administrative Competent Authorities Ministry of Foreign Affairs Ministry of Justice Ukraine Uruguay May 2011 February 2016 Foreign and Commonwealth Office March 2014 California - Secretary of State December 2010 Colorado - Secretary of State April 2011 Kansas - Secretary of State United States of America May 2011 (implementation date) 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 Ministry of Education and Science Ministry of Justice Ministry of Foreign Affairs January 2013 November 2015 October 2012

Apostille Section of HCCH Website

Publications The ABCs of Apostilles Brief Implementation Guide Apostille Handbook Brochure for users of Apostilles with short answers to FAQs, including when, where and how Apostilles are issued and what their effects are. Guide to assist authorities in new and potential Contracting States to implement the Convention. Includes practical tips on how to issue and register Apostilles. Comprehensive Handbook to assist Competent Authorities in performing their functions under the Convention.

Thank you Dr Christophe Bernasconi Secretary General www. hcch. net