According to the Apostille Convention, public documents issued in one signatory country and intended for use in another signatory country are recognised without the need for consular legalisation – the traditional method of validating documents for international use. This substantially simplifies the process of document legalisation by eliminating the previously required authentication steps. The process begins with the issuance of the document in the country of origin by an authorised individual or entity, such as a notary public. The apostille is affixed to the document by a designated competent authority, such as the Foreign, Commonwealth & Development Office (FCDO) in the United Kingdom. The apostille certifies the signature’s authenticity, the signer’s capacity, and, if applicable, the identity of the seal or stamp affixed to the document. The Apostille Convention has had a transformative effect on the international exchange of documents, with several substantial advantages. Eliminating the need for multiple authentications or legalisations will save time and simplify the process. Expenses are also reduced. Multiple authentications and legalisations can rapidly add up in cost, especially if translation or international shipping is required. By requiring a single certification, the Apostille Convention reduces these expenses. This increases the legal certainty. The apostille ensures that public documents are acknowledged expeditiously, and that the possibility of documents being denied due to doubts about their authenticity is minimised. How far does the Apostille Convention apply? What countries are not subject to the Convention? The 1961 Apostille Convention or Hague Convention standardises the process of document authentication among member nations, enabling the free and efficient transfer of public documents across international borders. However, many countries are not subject to the Apostille Convention. Various examples include Afghanistan, Canada (The Apostille Convention will come into effect in Canada on 11 January 2024), Cuba, Egypt, Iran, Iraq, the UAE (United Arab Emirates) and Zimbabwe. The expedited procedure of the Apostille Convention does not apply to documents destined for use in these non-participating nations. These documents must instead undergo consular legalisation, a more traditional and frequently complex procedure. Consular legalisation necessitates multiple verification procedures. After notarisation in the country of origin, the document must be legalised by the department of foreign affairs in the country of issuance. Following this, the document must be legalised by the embassy or consulate of the destination country. Particularly for first-time participants or organisations, the process can be time-consuming, expensive, and occasionally perplexing. The distinction between Apostille Convention participants and nonEXPERT INSIGHT 65 The distinction between Apostille Convention participants and non-participants regarding the simplicity of document legalisation highlights the Convention’s vital role in facilitating international transactions.
RkJQdWJsaXNoZXIy Mjk3Mzkz