The Hague Convention of October 5, 1961 greatly simplified the international workflow. After ratification of the agreements reached at it, the countries that acceded to the convention pledged to recognize documents created in other states that also signed it without additional and lengthy procedures. This has significantly saved time and financial resources. Let's take a closer look at what the agreement was and find out who the member countries of the 1961 Hague Convention were.
Reasons to convene the convention
But first, let’s determine what exactly made the international community think about the need to simplify the workflow between states.
Until 1961, workflow between different countries was inconvenient. In order for it to be recognized in another state, it was necessary to undergo an additional multi-stage procedure of consular legalization. Depending on the specific country, it could even take several months. It also happened that during this time the document was already losing its relevance.
He had to be notarized, translated into the desired language. Moreover, the signature of the translator also required notarization. After that, a certificate was required in the Ministry of Justice and in the Consular Department of the Ministry of Foreign Affairs of the country that sends the document. In the end, legalization of correspondence was needed at the embassy of the country where it is being sent.
In addition, the need to constantly carry out the legalization of a large number of securities slowed down the work of departments and consulates in other areas of activity, requiring the allocation of additional staff, which led to material costs.
Content of Agreements
What is the essence of the agreement signed by the countries party to the Hague Convention of 1961? Let's deal with this issue.
The agreements stated that all countries that joined them recognized official documents drawn up on the territory of other states participating in the agreement as valid without special consular legalization.
The only restriction was that this documentation, in order to confirm the authenticity of the signature and the authority of the signatory, had to be certified with an apostille.
What is an apostille?
What did the Hague Convention mean by this action? Apostille is a special square stamp containing certain details of the established sample.
This stamp without fail, regardless of the country of completion and the country where the document will be submitted, must have the French name “Apostille (The Hague Convention of October 5, 1961)” in the upper part. Among the mandatory details that should have been present on the apostille, we can name the following:
- name of the country affixing an apostille;
- name of the person who signed the document;
- his position;
- name of the institution from which the documentation comes;
- settlement where the certificate was held;
- date of certification;
- name of state institution certifying the documentation;
- serial number of the apostille;
- the seal of the certification authority;
- the signature of the certification officer.
In addition, the Hague Convention established that the standard size of the apostille should be at least 9 x 9 cm. In practice, the apostille does not always have a square shape, as was previously stated in the agreements. For example, in Russia it often takes the form of a rectangular stamp. In most cases, the party receiving the document does not find fault with the differences with the standard apostille form, but there were precedents when she refused to recognize such documentation.
The nuances of using apostille
The language of the apostille can be either one of the official languages of the convention (French or English), or the language of the country that put it down. In the vast majority of cases, bilingualism is used, that is, simultaneously the language of the apostille country and one of the official languages of the convention.
Apostille can be affixed either directly on the certified document or on a separate piece of paper attached to it.
Currently, a number of states are also developing the use of electronic apostilles. This issue has become very relevant in connection with the increasing spread of electronic document management. In particular, such countries include the USA, Australia, Andorra, Ukraine, New Zealand and other states.
Where is the apostille placed?
Let's find out on what specific documents the countries of the Hague Convention of 1961 affix an apostille.
Such a list of documents includes correspondence of state bodies or other organizations that are subject to the jurisdiction of a particular country, notarial acts, administrative documents, as well as various official notes and visas confirming the date. Also, an apostille certifies any signature of a document that is not witnessed by a notary.
Exceptions to the Hague Convention
At the same time, there are a number of conditions under which document flow between different countries does not even need to set up an apostille, as required by the Hague Convention.
First of all, workflow in a more simplified form is carried out if there is a bilateral agreement between countries on the acceptance of documents without additional formalities. In this case, even if both countries are parties to the Hague Convention, an apostille is not required to confirm the authenticity of documents. It is enough to attach a notarized translation of the document. For example, Austria and Germany, as well as many other countries, have a similar agreement. But these are precisely bilateral treaties between countries, and not a separate convention for several states.
Also, you do not need to put an apostille in the event that the foreign organization where you are sending the document does not require special assurances.
Apostille does not require certification of documents that come directly from diplomatic and consular posts.
The last exception is securities related to customs operations or those that are commercial in nature. But problems can arise when separating commercial activities from non-profit ones, since there is no clear distinction. For example, many banking documents that can be attributed to commercial operations are nevertheless certified with an apostille.
Signing of the convention
The terms of the convention were agreed at the Conference on Private International Law in The Hague in 1961.
This conference in the Dutch city has been held since 1893. The goal of the states participating in it was to unify international private law (MPE), to rid it of unnecessary formalisms and red tape. By 1955, the Conference took shape in a full-fledged organization with Member States.
Over the years, conventions on civil matters, access to justice, the right to purchase and sell goods, and many others have been signed during the Conference on MCHP. At one of these meetings in 1961, the Convention on the Legalization of Foreign Documents was signed.
Parties to the Convention
All states that for 1961 were members of the Conference on MPP participated in the development of the Convention. Let's find out who are the countries party to the Hague Convention of 1961. This will allow us to determine the backbone of states that are primarily related to the removal of restrictions on the legalization of documents.
These countries include: Sweden, Spain, the United Kingdom, Greece, Norway, the Netherlands, Denmark, Belgium, Austria, Ireland, Turkey, Finland, Germany. Luxembourg, Switzerland, Italy, Japan, Egypt and Portugal. Argentina, Brazil, India, the USSR, the USA, China and many other large states of the world were not members of the Conference on MPP, and therefore did not participate in the development of agreements.
The first countries to accede to the Convention
At the same time, it should be noted that the development of agreements on the use of the apostille did not mean the automatic entry into force of this provision in the territory of the participating countries. No, they all had to additionally decide on accession and ratify it, according to domestic law. At the same time, countries that did not participate in its development could join the Convention.
The first states in whose territory the Convention came into force are the United Kingdom, France, the Netherlands and Hong Kong. This happened only four years after the signing of the agreements, in 1965. The following year, Germany, Botswana, Barbados and Lesotho joined. A year later - Malawi, and in 1968 - Austria, Malta, Mauritius and Swaziland.
Further joining
In the next two decades, the following countries joined the treaty: Tonga, Japan, Fiji, Liechtenstein, Hungary, Belgium, Switzerland, Portugal, Argentina, Macau, Cyprus, Bahamas, Suriname, Italy, Israel, Spain, Dominican Republic, Seychelles, Luxembourg, Saint Vincent and the Grenadines, Vanuatu, USA. The entry of the last of these countries is especially important. At the end of the above period, the islands of Antigua and Barbuda, Norway, Greece, Turkey, Finland, Brunei joined the Convention.
In 1991, the number of participating countries replenished with Slovenia, Panama, Macedonia, the USSR and Croatia. In 1992, Russia joined the treaty as the successor to the collapsed USSR. France particularly welcomed the event. From this moment, you can apply the apostille in our country.
In addition, in the same year, Bosnia and Herzegovina, Serbia, Belarus, the Marshall Islands became parties to the agreement. In 1993, only one country joined the treaty - Belize. But next year, two countries ratified the Convention at once: Saint Kitts and Nevis, and then Armenia. These countries immediately received the right to freely use the apostille in almost all states of the treaty, including in Russia and the United States. Australia and Mexico became members of the Convention the following year. Of course, the accession of these large countries has strengthened the position of this community. In 1995, the Republic of South Africa and San Marino also joined the treaty.
Over the past 15 years, the Convention has also been ratified by Latvia, Liberia, El Salvador, Andorra, Lithuania, Niue, Ireland, Czech Republic, Venezuela, Sweden, Samoa, Trinidad and Tobago, Colombia, Kazakhstan, Namibia, Romania, Bulgaria. Estonia, New Zealand, Slovakia, Grenada, Saint Lucia, Monaco, Ukraine, Albania, Iceland, Honduras, Azerbaijan, Ecuador, Cook Islands, India, Poland, Montenegro, Denmark, Moldova, Georgia, Sao Tome and Principe, Dominican Republic, Mongolia, Cape Verde, Peru, Kyrgyzstan, Costa Rica, Oman, Uzbekistan, Uruguay, Nicaragua, Bahrain, Paraguay, Burundi. The most recent, already in 2016, were joined by Kosovo, Brazil, Morocco and Chile.
Recognition problem
But still, not all countries party to the Hague Convention of 1961 recognize the apostille of other members. The reasons for this can be either technical or formal, or political. For example, many countries of the world do not recognize Kosovo as a state. For this reason, the apostille of this country is not recognized by Ukraine, Serbia, Belarus, Russia. France, on the contrary, recognizes the apostilles of all member states.
For technical reasons, the apostille of Ukraine until 2012 was not recognized by Greece.
The significance of the Hague Convention
It is difficult to overestimate the significance of the Hague Convention. After its adoption, the workflow between different countries has become much easier. Every year, all new states join the Convention: the Republic of South Africa, Venezuela, Kosovo, Chile ...
After the adoption of the Convention, countries that have ratified it do not need to go through a lengthy and inconvenient legalization process. Therefore, even such small island states as the Marshall Islands, Antigua and Barbuda and Cape Verde signed an agreement.