+374 10 575121 info@dialog.am

Apostile. The Hague Convention of 1961


The Hague Convention of 1961. Countries and territories on which the actions of Hague Convention of 1961 are applied to.

The Principal of the Convention

The States signatories to the present Convention mutually refuse the requirements of consular legalization of official documents, which were committed at the territory of one of the contracting states and should be represented at the territory of the other contracting state.

For the purposes of the present Convention the followings are deemed to be official documents:

  • Documents emanating from an authority or an official connected with the state jurisdiction, including documents emanating from a public prosecutor, a clerk of a court or law-enforcement officer;
  • Administrative documents (particularly registration certificate of acts of civil status);
  • Notarial acts;
  • Official notes such as note of registration; visas with confirmation of data; signature guarantee on the document without confirmation by the notary.

 

The use of an apostille is the only formality which can be needed for the guarantee of the authenticity of the signature the merit of which a person has advanced by signing a document, and authenticity of a seal or a stamp at a proper event, affirmed to that document.

However, the present Convention shall not apply:
(a) to documents executed by diplomatic or consular agents;
(b) to administrative documents dealing directly with commercial or customs operations.

 

The present Convention does not apply to the documents which are not official (that is, which are not from the state bodies and do not have notarial certificate). For example, apostille is not put on commercial letters from foreign firms.

But as it is mentioned in the special literature, «it’s difficult to take delimitation between commercial and non-commercial documents in the practice. Besides, an apostille frequently is put on commercial documents, such as banking documents. That’s why much depends on the juridical and notarial practice while resolving practical issues».

 

Countries and territories on which the actions of Hague Convention of 1961 are applied to:

State                                       Date of ratification and coming into force 

 Albania

On September 3, 2003 (affiliation), on May 9, 2004 (came into force)

 American Samoa

The actions of the present Convention are applied to American Samoa as to the overseas possessions of the USA

 Andorra

On April 15, 1996 (affiliation), on December 31, 1996 (came into force)

 Antigua and Barbuda

On February 24, 1965 (Great Britain extended actions of the Convention to Antigua and Barbuda), on November 1, 1981 (came into force)

 Argentina

On May 8, 1987 (affiliation), on February 18, 1988 (came into force)

 Armenia

On November 19, 1993 (affiliation), on August 14, 1994 (came into force)

 Aruba

On May 1, 1967 (The Netherlands extended actions of the Convention to Aruba), on April 30, 1967 (came into force)

 Australia

On July 11, 1994 (affiliation), on March 16, 1995 (came into force)

 Austria

On November 1967 (ratification), on January 13, 1968 (came into force)

 Azerbaijan

On May 13, 2004 (affiliation), on March 2, 2005 (came into force)

 Bahamas

On February 24, 1965 (Great Britain extended actions of the Convention to BahamasIsland), on July 10, 1973 (came into force as for an independent state)

 Barbados

On February 24, 1965 (Great Britain extended actions of the Convention to Barbados), on November 30, 1966 (came into force as for an independent state)

 Belarus

On May 31, 1992  (came into force as for legal successor of USSR)

 Belgium

On December 11, 1975 (ratification), on February 9, 1976 (came into force)

 Belize

On July 17, 1992 (affiliation), on April 11, 1993 (came into force)

 Bermuda Islands

On February 24, 1965 (Great Britain extended actions of the Convention to BermudaIslands), on April 25, 1965 (came into force)

 Bosnia and Herzegovina

On January 24, 1965 (came into force for Yugoslavia)

 Botswana

On September 30, 1966 (came into force as for legal successor of Bechuanaland in connection with declaration of independence of  Botswana)

 British Antarctic Territory

On February 24, 1965 (Great Britain extended actions of the Convention to British Antarctic Territory), on April 25, 1965 (came into force)

 British Virgin Islands

On February 24, 1965 (Great Britain extended actions of the Convention to British Virgin Islands), on April 25, 1965 (came into force)

 Brunei

On February 23, 1987 (affiliation), on December 3, 1987 (came into force)

 Bulgaria

On August 1, 2000 (affiliation), on April 29, 2001 (came into force)

 Cayman Islands

On February 24, 1965 (Great Britain extended actions of the Convention toCayman Islands), on April 25, 1965 (came into force)

 China

 

 Aomin (Makao)

On February 4, 1969 (came into force for Makao as possession of Portugal),  PRC confirmed the actions of the present Convention for Aomin (Makao) with the joining date  of that territory – December 20, 1999

 Hong Kong (Xianggang)

On April 25, 1965 (came into force for Hong Kong as property of GB), the PRC confirmed the actions of the present Convention for Xianggang (Hong Kong) with the joining date  of that territory- July 1, 1997

 Colombia

On April 27, 2000 (affiliation), on January 30, 2001 (came into force)

 Cook Islands

On July 13, 2004 (affiliation), on April 30, 2005 (came into force)

 Croatia

On January 24, 1965 (came into force for Yugoslavia) on April 5, 1993 (Croatia announced about the legal succession in relation to the Convention)

 Cyprus

On July 26, 1972 (affiliation), on April 30, 1973 (came into force)

 Czech Republic

On June 23, 1998 (affiliation), on March 16, 1999 (came into force)

 Denmark

On October 30, 2006 (ratification), on December 29, 2006 (came into force)

 Dominica

On November 3, 1978 (Great Britain extended actions of the Convention to Dominica), on October 22, 2002 (legal succession in connection with declaration of independence of  Dominica)

 Ecuador

On July 2, 20074 (affiliation), on April 2, 2005 (came into force)

 El Salvador

On September 14, 1995 (affiliation), on May 31, 1996 (came into force)

 Estonia

On December 11, 2000 (affiliation), on September 30, 2001 (came into force)

 FalklandIsland (Islas Malvinas)

On February 24, 1965 (Great Britain extended actions of the Convention to FalklandIsland), on April 25, 1965 (came into force)

 Fiji

On February 24, 1965 (Great Britain extended actions of the Convention to Fiji), on October 10, 1970 (legal succession in connection with declaration of independence of Fiji)

 Finland

On June 27, 1985 (ratification), on August 26, 1985 (came into force)

 France

On November 25, 1964 (ratification), on January 24, 1965 (came into force)

 French Polynesia

The action of the present Convention is extended to French Polynesia as in overseas community of France.

 Georgia

On August 21, 2006 (affiliation), on May 14, 2007 (came into force)

 Germany

On December 15, 1965 (ratification), on February 13, 1966 (came into force)

 Gibraltar

On February 24, 1965 (Great Britain extended actions of the Convention to Gibraltar), on February 13, 1966 (came into force)

 Great Britain

On August 21, 1964 (affiliation), on January 24, 1965 (came into force)

 Greece

On March 19, 1985 (ratification), on May 18, 1985 (came into force)

 Grenada

On February 7, 1974 (legal succession in connection with declaration of independence of Grenada)

 Guadeloupe

The action of the present Convention is extended to Guadeloupe as at overseas department of France

 Guam

The action of the present Convention is extended to Guam as in overseas possessions of USA

 Guernsey

On August 21, 1964 (Great Britain extended actions of the Convention to bailiff county of Guernsey), on April 25, 1965 (came into force)

 Guiana

The action of the present Convention is extended to French Guiana as at overseas department of France

 Honduras

On January 20, 2004 (affiliation), on September 30, 2004 (came into force)

 Hungary

On April 18, 1972 (affiliation), on January 18, 1973 (came into force)

 Iceland

On September 28, 2004 (ratification), on November 27, 2004 (came into force)

 India

On October 26, 200 (affiliation), on July 14, 2005 (came into force)

 Ireland

On January 8, 1999 (ratification), on March 9, 1999 (came into force)

 Israel

On November 11, 1977 (affiliation), on August 14, 1978 (coming into force)

 Italy

On December 13, 1977 (ratification), on February 11, 1978 (came into force)

 Japan

On May 28, 1970 (ratification), on July 27, 1970 (came into force)

 Jersey

On August 21, 1964 (Great Britain extended actions of the Convention to bailiff county of Jersey), on January 24, 1965 (came into force)

 Kazakhstan

On April 5, 2000 (affiliation), on January 30, 2001 (came into force)

 Korea (South)

On October 25, 2006 (affiliation), on July 14, 2007 (came into force)

 Latvia

On May 11, 1995 (affiliation), on January 30, 1996 (came into force)

 Lesotho

On February 24, 1965 (Great Britain extended actions of the Convention to Basutoland), on April 24, 1972 (legal succession in connection with declaration of independence of Lesotho)

 Liberia

On May 24, 1995 (affiliation), on February 8, 1996 (came into force)

 Liechtenstein

On July 19, 1972 (ratification), on September 17, 1972 (came into force)

 Lithuania

On  November 5, 1996 (affiliation), on July 19, 1997 (came into force)

 Luxembourg

On April 4, 1979 (ratification), on July 3, 1979 (came into force)

 Macedonia

On January 24, 1965 came into force for Yugoslavia), on September 20, 1993 (Macedonia announced about the legal succession in relation with the Convention)

 Maine

On August 21, 1964 (Great Britain extended actions of the Convention to Maine island), on January 24, 1965 (came into force)

 Maiotta

The action of the present Convention is extended to Maiotta as in overseas community of France.

 Malawi

On February 24, 1967 (affiliation), on December 2, 1967 (came into force)

 Malta

On July 12, 1967 (affiliation), on March 3, 1968 (came into force)

 Marshall Islands

On November 18, 1991 (affiliation), on August 14, 1992 (came into force)

 Mauritius

On February 24, 1965 (Great Britain extended actions of the Convention to Mauritius), on December 20, 1968 (legal succession in connection with declaration of independence of Mauritius)

 Mexico

On December 11, 1994 (affiliation), on August 14, 1995 (came into force)

 Moldavia

On June 19, 2006 (affiliation), on March 16, 2007 (came into force)

 Monaco

On April 24, 2002 (affiliation), on December 31, 2002 (came into force)

 Montenegro

On January 24, 1965 (came into force for Yugoslavia), on April 26, 2001 (Union of Republic of Yugoslavia announced about the legal succession in relation to the Convention), on June 3, 2006 (legal succession in connection with declaration of independence of Montenegro)

 Montserrat

On February 24, 1965 (Great Britain extended actions of the Convention to Montserrat), on April 25, 1965 (came into force)

 Namibia

On April 24, 2000 (affiliation), on January 30, 2001 (came into force)

 New Caledonia

The action of the present Convention is extended to New Caledonia as in overseas territory of France.

 New Zealand

On February 7, 2001 (affiliation), on November 22, 2001 (came into force)

 Netherlands

On August 9, 1965 (ratification), on October 8, 1965 (came into force)

 Netherlands Antillian guilder

On March 1, 1967 (The Netherlands extended actions of the Convention to Netherlands Antillian guilder), on April 30, 1967 (came into force)

 Niue

On June 10, 1998 (affiliation), on March 2, 1999 (came into force)

 Northern Mariana Islands

The action of the present Convention is extended to  Northern Mariana Islands as to the overseas possessions of the USA

 Norway

On May 30, 1983 (ratification), on July 29, 1983 (came into force)

 Panama

On October 30, 1990 (affiliation), on August 4, 1991 (came into force)

 Poland

On November 19, 2004 (affiliation), on August 14, 2005 (came into force)

 Portugal

On December 6, 1968 (ratification), on February 4, 1969 (came into force)

 Puerto Rico

The action of the present Convention is extended to Puerto Rico as to the overseas possessions of the USA

 Republic of South Africa

On August 3, 1994 (affiliation), on April 30, 1995 (came into force)

 Réunion

The action of the present Convention is extended to  Réunion as to the overseas region of France

 Romania

On June 7, 2000 (affiliation), on March 16, 2001 (came into force)

 Russian Federation

On May 31, 1992 (came into force as for legal successor of USSR)

 Samoa

On January 18, 1999 (affiliation), on September 13, 1999 (coming into force)

 San Marino

On May 26, 1994 (affiliation), on February 13, 1995 (came into force)

 San Tome and Principe

On December 19, 2007 (affiliation), on September 13, 2008 (came into force)

 Serbia

On January 24, 1965 (came into force for Yugoslavia), on April 26, 2001 (Union of Republic of Yugoslavia announced about the legal succession in relation to the Convention), on July 9, 2006 (announced about the legal succession in relation to the Convention in connection with retirement of Montenegro from the Confederation Union with Serbia)

 Seychelles

On June 9, 1978 (affiliation), on March 31, 1979 (came into force)

 Slovakia

On January 24, 1965 (came into force for Yugoslavia), on June 8, 1992 (Slovenia announced about the legal succession in relation to the Convention)

 Slovenia

On January 24, 1965 (came into force for Yugoslavia), on June 8, 1992 (Slovenia announced about the legal succession in relation to the Convention)

 Spain

On July 27, 1978 (ratification), on September 25, 1978 (coming into force)

 St. HelenaIsland

On February 24, 1965 (Great Britain extended actions of the Convention to St. HelenaIsland), on April 25, 1965 (came into force)

 St Kitts and Nevis

On February 26, 1994 (affiliation), on December 14, 1994 (came into force)

 St Lucia

On December 5, 2001 (affiliation), on July 31, 2002 (came into force)

 St. Pierre and Miquelon

The action of the present Convention is extended to  St. Pierre and Miquelon as to the overseas community of France

 St. Vincent and the Grenadines

On February 24, 1965 (Great Britain extended actions of the Convention to St. Vincent and the Grenadines), on October 27, 1979 (legal succession in connection with declaration of independence of St. Vincent and the Grenadines)

 Suriname

On May 16, 1967 (The Netherlands applied actions of the Convention to Suriname), on November 25, 1975 (legal succession in connection with declaration of independence of Suriname)

 Swaziland

On February 24, 1965 (Great Britain extended actions of the Convention to Swaziland), on July 3, 1978 (legal succession in connection with declaration of independence of Swaziland)

 Sweden

On March 2, 1999 (ratification), on May 1, 1999 (came into force)

 Switzerland

On January 10, 1973 (ratification), on March 11, 1973 (came into force)

 Terks and Kaikos

On February 24, 1965 (Great Britain extended actions of the Convention to the Island of Terks and Kaikos), on April 25, 1965 (came into force)

 Tonga

On February 24, 1965 (Great Britain extended actions of the Convention to Tonga), on June 4, 1970 (legal succession in connection with declaration of independence of Tonga)

 Trinidad and Tobago

On October 28, 1999 (affiliation), on July 14, 2000 (came into force)

 Turkey

On July 31, 1985 (ratification), on September 29, 1985 (came into force)

 Ukraine

On April 2, 2003 (affiliation), on December 22, 2003 (came into force)

 USA

On December 24, 1980 (affiliation), on October 15, 1981 (came into force)

 Vanuatu

On July 30, 1980 (came into force as for legal successor of New Hebrides in connection with the declaration of independence of Vanuatu)

 Venezuela

On July 1, 1998 (affiliation), on March 16, 1999 (came into force)

 Virgin Islands (USA)

The action of the present Convention is extended to American Virgin Islands as for overseas possessions

 Wallis-et-Futuna

The action of the present Convention is extended to Wallis-et-Futuna as in overseas territory of France.