Scope Of The Convention To The Liberation Of Foreign Public Documents Of The Certification

Original Language Title: Geltungsbereich des Übereinkommens zur Befreiung ausländischer öffentlicher Urkunden von der Beglaubigung

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996826/geltungsbereich-des-bereinkommens-zur-befreiung-auslndischer-ffentlicher-urkunden-von-der-beglaubigung.html

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7 announcement of the Federal Chancellor concerning the scope of the Convention to the liberation of foreign public documents of the certification

After releases of the Dutch Government, following further States have their instruments of accession to the Convention for the liberation of foreign public documents of the certification (Federal Law Gazette No. 27/1968, last proclamation of the scope BGBl. III No. 88/2012) deposited:

 



States:



Date of deposit of the instrument of accession:



Nicaragua



September 7, 2012



Uruguay



February 9, 2012, on the occasion of the deposit of its instrument of accession these States have made the following declarations:

Nicaragua:

The Republic of Nicaragua has designated the Directorate-General for Consular Affairs of the Ministry of Foreign Affairs as the competent authority to issue the relevant documents.

Uruguay:

Competent authority according to article 6:

Ministry of Foreign Affairs.

 

Other releases according to the Dutch Government following States have amended their authorities as follows or supplemented:

Andorra1:

The competent authorities to issue an Apostille in accordance with article 3 paragraph 1 of the Convention are:-"the Minister of Foreign Affairs;

-The Coordinator of bilateral and Consular Affairs;

-The Director of multilateral affairs and cooperation;

-The head of unit of General and academic affairs."

China:

On 18 April 2012 China has adopted the following Declaration on the Special Administrative Region Hongkong2:

The Office of the Secretary of State for Administration ("Office of the Chief Secretary for Administration") of the Government of the Special Administrative Region of Hong Kong ("HKSAR") of the people's Republic of China has the further honour to inform that indicates compliance with the recommendation of the Special Commission on the practical application of the Hague Apostille Convention, with effect from July 23, 2012 the "Apostille Service Office" of the judiciary of the Hong Kong Special Administrative Region through the attachment of following notice at the top of the Apostille of the limited effect of the Apostille :

"This Apostille confirms only the signature, the authority of the signatory and the seal affixed to them or the stamp on it attached. She confirmed the deed, for which it was issued. not the content"

Apart from the insertion of the above declaration, there are no more changing of the Apostille.

Kolumbien3:

Since 8.Oktober 2007, Colombia has introduced a new Apostille. Its basic features are as follows:-the Apostille is printed in black and white on plain paper, not as before on security paper.

-The safety features of the current Apostille were replaced and by using digital Apostilles and encrypted signatures reinforced, according to the recommendations and conclusions of the third of international forum on digital evidence in Los Angeles (May 29, 2007), where the e-APP in detail was discussed.

-The authenticity of Apostilles issued by the Government of Colombia can be verified as before with the e-register, which can be viewed on our website www.cancilleria.gov.co/apostilla. The Contracting States are invited regularly to use the e-register.

-The design of the e Register was changed slightly: instead of the current view of a summary with the basic data of the Apostille, the user can see an accurate color image of the Apostille.

-The use of a digital Apostille ensures that the electronic version of the Apostille has not been tampered with. On the other hand, if the paper Apostilles associated with the certificate differs somehow from the Apostille pictured in the e-register, this suggests that the paper Apostille has been altered.

-For a transitional period and until the stock of current Apostilles expires, the Government of Colombia exhibits both forms, which are equally valid and authentic.

Netherlands4:

The competent authorities for Bonaire, Sint Eustatius and Saba:

The Governor ("Gezaghebber") of the island, as well as the Acting Governor of the island ("waarnemend Gezaghebber") of Bonaire are entitled to sign Apostilles issued on the island of Bonaire in documents.

The island Governor ("Gezaghebber") and the current Island Governor ("waarnemend Gezaghebber") of Sint Eustatius are entitled to sign Apostilles issued on the island of St. of Eustatius on deeds.

The island Governor ("Gezaghebber") and Acting Governor ("waarnemend Gezaghebber") of Saba are entitled to sign Apostilles issued on the island of Saba on deeds.

The competent authorities for Sint Maarten:-"Prime Minister, Minister of General Affairs;

"- Head civil status registry Division of the Ministry of General Affairs."

Spanien5:

Competent authority according to article 6:

The competent officials and authorities designated for the purposes of the Apostille, are the following: 1) for the Apostille on official documents the following are determined: a) Government Secretaries of Supreme courts ("Secretarios de Gobierno de los Tribunales Superiores de Justicia") and the cities of Ceuta and Melilla or their legal representatives as well as officials, to which the latter within the respective Government Secretariat can delegate

b) the head of the Ministry of Justice, which it has transferred powers in the fields of information and citizen participation at a certain time or who can legally represent him, as well as those persons to which it can delegate

(c) Regional Manager of the regional management offices ("Gerencias territoriales"), the Ministry of Justice in Spain has the or its legal representatives or such persons, to the; delegate the previous within the mentioned offices

(d) the Deans of the notary's Office training facility or those who act instead of this in accordance with the regulations or other notaries public, to which the previous can delegate.

The authorities referred to in this section and offices can perform the individual certification without distinction or Apostilles on documents attach, laid down in article 1 paragraph 2 of the Royal Decree [1497/2011, of 24 October, which determines the competent officials and authorities to perform individual certifications or Apostilles (Federal Law Gazette No. 276 of November 16, 2011)] to install, regardless of where such certificates have been issued in Spain.

Royal Decree contains provisions which documents as "authentic instruments" 6.2) Apostilles on judicial documents: the authority for the implementation of the single authentication or Apostille on legal documents was transferred regardless of where the creation of such certificates in Spain, following authorities (with the exception of the Statute provided for in § 4): a) Government Secretaries of Supreme courts ("Secretarios de Gobierno de los Tribunales Superiores de Justicia") and the cities of Ceuta and Melilla , or their legal representatives, as well as officials, to which the previous within the respective Government Secretariat; delegate

(b) the head of the unit of the Ministry of Justice, which transferred the powers in the area of information and support to civil society at a given time or the previous may delegate who may represent him legally, as well as those persons to the).

(c) Regional Manager of the regional management offices ("Gerencias territoriales"), that the Ministry of Justice in Spain has or their legal representatives, or such persons, to which the previous within the respective within the mentioned Office, delegate;

(3) Apostille on notarial acts: the power lies with the Deans of the notarial universities or those who comply with the regulations in their place or other public notaries, which can delegate the previous, regardless of where such certificates have been issued in Spain.

(4) Dokumentenapostillen, issued by the judicial authorities or officials of the Supreme Court and the Supreme Court: responsible for issued by the relevant court documents are only the Government Secretaries ("Secretario de Gobierno") of the competent court or their legal representatives and officials the previous can delegate to the.

(5) Apostilles on other public documents: other instruments may be subject to a single certification or one choice of citizens both in paper form and electronically issued Apostille by one of the authorities referred to above in part 1.

Also constitutes and regulates above Royal Decree in chapter II the format and the registration of the Apostille, both in paper and electronic form.

The single transitional provision of the above-mentioned Royal Decree establishes that the issued Dokumentenapostille, in accordance with the provisions contained in article 2 (Dokumentenapostille) until the entry into force of the Act 20/2011 July 21 from the central register, and in consequence should be regulated by the central register by article 1 of the Royal Decree (Verwaltungsdokumentenapostille).

Contact information:

Oficialía Mayor Legalizaciones

Ministerio de Justicia

Plaza de Benavente N ° 3

28.071-MADRID

Spain

Faymann