The Hague Agreement Apostille

Members of the Hague Convention display and accept apostilles to facilitate the legalization and verification of documents between states. If a competent authority issues the apostille within a country, it should not be required or requested for other unauthentified documents. From time to time, we do here that some organizations or companies in a state apply for other embassy certificates, but that is not necessary. However, the formality referred to in the previous point cannot be required if the laws, regulations or ill-treats in force in the state where the document is drawn up, or if an agreement between two or several contracting states have abolished or simplified the document itself, or if the document itself excludes it from legalization. Where a treaty, convention or agreement between two or more Contracting States contains provisions that subject the certification of a signature, seal or stamp to specified formalities, this Convention will repeal these provisions only if these formalities are stricter than those under Articles 3 and 4. The apostille does not contain information on the quality of the content of the underlying document, but attests to the signature (and the ability of the person who placed it) and the accuracy of the seal/cachet on the document to be certified. In 2005, the Hague Conference interviewed its members and in December 2008 produced a report expressing serious concerns about the diplomas and diplomas of production plants. The possible misuse of the system was highlighted: “The possible use of graduate mill qualifications to circumvent migration controls, perhaps by potential terrorists, is of particular concern.” (Page 5) The risk arises from the fact that the various government marks give the document a touch of authenticity without anyone checking the underlying document. “An official certificate can be issued to a copy of a graduate mill qualification, and then issued with an apostille, without anyone ever checking the signature of the diploma, much less the content of the diploma.” (Page 7) Other Member States have indicated that “they would be required to issue an apostille for the certification of a certified copy of a diploma from a certification plant.” (Page 15) The Evaluation Committee of the Hague Conference expressed doubts as to whether this issue could affect the whole convention. “… Apostille “does not look through certification” and does not refer to the diploma itself … There is a clear risk that such practices will end up jeopardizing the effectiveness and hence the success of the implementation of the Apostille Convention.

(Page 5) [14] An apostille of the Hague Convention on the Abolition of the Legalization of Foreign Public Documents, the Apostille Convention or the Apostille Treaty, adopted by the State of Alabama, is an international treaty drawn up by the Hague Conference on Private International Law. It sets out the terms by which a document issued in one of the signatory countries can be certified for legal purposes in all other signatory states. A certification according to the provisions of the Convention is called Apostille (from the Latin post illa, then French: a marginal note) or Apostille from The Hague. [2] This is an international certification comparable to a certification in national law and generally completes a local certification of the document.