Q. I have a document which has the seal of a notary, state or federal official in the United States. What do I need to do to be able to use this document overseas?

A. The document must be authenticated for use abroad. This is also called legalisation of the document. Authentication means that a seal is placed on the document which will be recognised in the foreign country where the document will be used.

Q. How do I get the document authenticated or legalised?

A. That depends on whether the country where the document will be used in a party to a treaty on this subject called the "Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents".

Q. What procedures should be followed if the Hague Legalisation Convention does not apply?

A. If the country is not a party to the Hague Convention, you will need to have the documents authenticated by the closest Panamanian Consulate or Embassy.  You may need to have them, however, authenticated by your national authorities before taking them to the Consulate or Embassy.  

Q. What is a Public Document under the Hague Legalisation Convention?

A. For the purposes of the Convention, public documents include:

a. documents issued by a state court;

b. administrative documents;

c. documents executed before a notary public;

d. 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.

Q. Where can I find the text of the Convention?

A. See the web site for the Hague Convention on Private International Law: http://www.hcch.net/.

Q. How can I keep track when new countries join the Hague Legalization Convention?

A. The easiest way to find out whether a new country has become a party to the Hague Legalization Convention is to check out the web site on the Internet for the Hague Conference on Private International Law at http://www.hcch.net/ for up to date information about recent accessions to the Convention. 

Q. Does a change of status of a country affect whether the Hague Legalization Convention is still in force?

A. This is a complex question. The following notes may assist you in understanding how the change of status of a country can affect treaty obligations.

1. When the Hague Legalization Convention first entered into force, many countries declared that the treaty also applied in foreign dependencies which have since declared independence We have requested the assistance of the Hague Conference on Private International Law to confirm whether these countries continue to consider themselves bound by the treaty.

2. In accordance with Article 34(1) of the Vienna Convention on Succession of States in Respect of Treaties, when a country which is a party to a multilateral treaty or convention has dissolved, the successor state(s) inherit the treaty obligations of the former government, consistent with Article 34 of the Vienna Convention on Succession of States in Respect of Treaties. However, as a practical matter, the custom is for depositaries to expect a notice of succession to confirm that the new entity is performing its treaty obligations. Many newly independent states may not really be implementing such conventions at this time in that they may not be performing the functions set forth in the Convention. 

3. On September 4, 1991, the Union of Soviet Socialist Republics (USSR) deposited an instrument of accession to the Convention. The Convention was to have entered into force for the USSR on April 1, 1992. Prior to that date, the USSR dissolved. Three members of the Newly Independent States (NIS), the Russian Federation, the Belarus Republic and Armenia have informed the depositary for the Convention that the Convention applies in those jurisdictions. Even if other NIS countries were to consider the Convention to apply, it may not be operational. Each jurisdiction must designate an authority competent to issue the Convention certificate (apostille) before the Convention can be operational. It may be wise to have documents prepared for use in jurisdictions which have not yet designated an authority competent to affix the Convention apostille in two sets, one using the apostille and one using the chain authentication method, including the seal of the foreign embassy or consulate if possible. Local authorities in such jurisdictions may question the validity of the apostille due to lack of familiarity with the certificate. In addition, the some states, for example, the Russian Federation, have declined to affix the Convention apostille to administrative or commercial documents. Such documents would have to be authenticated using the chain authentication method.

4. Former Yugoslavia was a party to the Convention. Slovenia, Macedonia, Bosnia-Herzegovina and Croatia have informed the depositary that they consider the Convention to apply and have designated a competent authority to issue the Convention certificate (apostille). The names of the competent authorities designated by the remaining segments of former Yugoslavia (Serbia-Montenegro) continue to be listed in this flyer as a point of reference.

Q. How does the Hague Legalization Convention make dealing with documents between countries easier?

A. The Convention simplifies the old "chain" authentication procedure which requires multiple seals to be place on documents, by eliminating many links in the chain. Documents which have the special Hague Legalization Certificate are acceptable in other countries where the treaty is in force without any other authentication.

Q. What certificate is used under the Hague Legalization Convention?

A. If you have a document you want legalized for use in another country which is also a party to the treaty, a special certification called an "apostille" must be affixed to the document by a competent authority. The apostille is a pre-printed form prescribed by the Convention. See a copy of the apostille certificate in the web site for the Hague Convention on Private International Law. 

Q. Is there a fee for the Apostille Certificate?

A. Fees vary depending on where the certificate is issued. Fees are subject to change without notice.  See references to fees under specific countries and U.S. states noted below. (We take no responsibility for the accuracy of this information). 

Q. How can I contact that Competent Authorities to issue the Apostille Certificate in Each State or other Jurisdiction in the United States?

A. Click here for the name, address and telephone number of the Competent authority and fee information.

For more information see:  Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents, Patent and Trademark Review 39, January (l982); Nash-Leich, The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 76 Am. J. Int'l L. 182 (1982);  Sherry, Old Treaties Never Die, They Just Lose Their Teeth: Authentication Needs of a Global Community Demand Retirement of the Hague Public Documents Convention, 31 John Marshall Law Review 1045 (1998); Sinnott, A Practical Guide to Document Authentication: Legalization of Notarized and Certified Documents 464 (1997).

Q. Where can I find the Hague Conference on Private International Law information about the Hague Legalization Convention?

A. Hague Conference on Private International Law home page on the Internet is http://www.hcch.net/