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

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7. Realization of the Federal Chancellor concerning the scope of the Convention for the Liberation of Foreign Public Documents from the certification

According to information from the Dutch Government, the following other countries have their instruments of accession to the Convention for the Liberation of Foreign Public Certificates of Certification (BGBl. No. 27/1968, last proclamation of the BGBl area. III n ° 88/2012):

States:

Date of deposit of the instrument of accession:

Nicaragua

7 September 2012

Uruguay

9 February 2012

On the occasion of the deposit of their instrument of accession, these States have made the following statements:

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 in accordance with Art. 6:

Ministry of Foreign Affairs.

According to other communications from the Netherlands Government, the following countries have amended their authorities as follows: Supplemented:

Andorra 1 :

The competent authorities to issue an apostille pursuant to Article 3 (1) of the Convention are:

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" The Minister of Foreign Affairs;

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The Coordinator of Bilateral and Consular Affairs;

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The Director of Multilateral Affairs and Cooperation;

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The Head of Unit of General and Juridical Affairs. "

China:

On 18 April 2012, China adopted the following declaration concerning the Hong Kong Special Administrative Region 2 delivered:

The Office of the State Secretary for Administration ("Office of the Chief Secretary for Administration") of the Government of the Hong Kong Special Administrative Region ("HKSAR") The People's Republic of China has the further honour to announce that, in order to comply with the recommendation of the Special Commission on the practical application of the Hague Apostille Convention, the "Apostille Service Office" of 23 July 2012 Justice of the Hong Kong Special Administrative Region, by affixing the following endorsements at the top of the Apostille, the limited effect of the Apostille indicates:

" This apostille only confirms the signature, the authorization of the signatory and the seal attached to it, or the stamp attached to it. It does not confirm the content of the document for which it was issued. "

Apart from the insertion of the above-mentioned declaration, there is no further amendment of the Apostille.

Colombia 3 :

Colombia has introduced a new apostille since 8 October 2007. Their basic characteristics are as follows:

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The apostille is printed in black-and-white on normal paper, not as previously on security paper.

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The security features of the current Apostille have been replaced and reinforced by the use of digital apostilles and encrypted signatures, according to the recommendations and conclusions of the Third International Forum on Digital Evidence in Los Angeles (29 May 2007), where the e-APP was discussed in detail.

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The authenticity of the apostilles issued by the Government of Colombia can still be verified with the e-register, which can be viewed on our website www.cancilleria.gov.co/apostilla. States Parties shall be invited to use the e-Register on a regular basis.

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The design of the e-register has been changed slightly: Instead of the current view of a summary with the basic data of the apostille, users can see an exact color image of the issued apostille.

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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 apostille associated with the document is somehow different from the apostille depicted in the e-register, this indicates that the paper apostille has been changed.

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For a transitional period and until the current apostilles expire, the Government of Colombia is making both forms, which are equally valid and authentic.

Netherlands 4 :

The competent authorities for Bonaire, Sint Eustatius and Saba:

The governor ("Gezaghebber") The island as well as the incumbent governor of the island ("waarnemend Gezaghebber") of Bonaire are entitled to sign apostilles on documents issued on the island of Bonaire.

The Island Governor ("Gezaghebber") and the incumbent island governor ("waarnemend Gezaghebber") of Sint Eustatius is entitled to sign apostilles to documents issued on the island of Sint Eustatius.

The Island Governor ("Gezaghebber") and the acting governor ("waarnemend Gezaghebber") of Saba are entitled to sign apostilles on documents issued on the island of Saba.

Competent authorities for Sint Maarten:

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" Prime Minister, Minister of General Affairs;

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Head Civil Status Register Division of the Ministry of General Affairs. "

Spain 5 :

Competent authority in accordance with Art. 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 shall be determined:

a)

Government secretaries of the Supreme Courts ("Secretarios de Gobierno de los Tribunales Superiores de Justicia") and the cities of Ceuta and Melilla, or their legal representatives and officials, to which the latter within the respective Government secretariats can delegate;

b)

The Head of the Department of Justice, to whom, at a certain point in time, the powers in the area of information and civic participation have been delegated or whoever can be legally represented, as well as those persons to whom they are delegated. ,

c)

The regional managers of the regional management offices ("Gerencias Territoriales"), which the Ministry of Justice has in all of Spain, or its legal representatives or persons to whom the previous offices within the aforementioned offices are delegated. ,

d)

The deans of the notarial training centres, or those acting in place of them in accordance with the rules, or other public notaries, to whom the previous delegations may delegate.

The authorities and offices referred to in this section may, without distinction, carry out the individual credentials or apply an apostille to documents, as laid down in Article 1 (2) of the Royal Decree [1497/2011, of 24 February 2011]. October, which shall designate the competent officials and authorities to carry out the individual certificates or apostilles (Federal Law Gazly No 276 of 16 November 2011), irrespective of where such documents are issued in Spain .

The Royal Decree contains provisions which are considered to be "authentic instruments". 6

2)

Apostilles for judicial documents: The power to carry out the individual authentication or apostille on judicial documents has been transferred to the following authorities, irrespective of the place where such documents are produced in Spain (with Exception to the Articles of Association provided for in § 4):

a)

Government secretaries of the 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 ones within the respective Government secretariats can delegate;

b)

The head of the unit of the Ministry of Justice, at a certain point in time, the powers in the field of information and assistance to citizens have been transferred, or whoever is allowed to represent him by law, as well as those persons to whom of the previous delegation.

c)

The regional managers of the Regional Management Offices ("Gerencias Territoriales"), through which the Ministry of Justice has all of Spain, or its legal representatives, or such persons, to which the previous ones within the respective, within the , may delegate;

3)

Apostille on notarial documents: The power is conferred on the deans of the notarial universities or on those who, in their place, comply with the rules or other public notaries to which the previous ones can delegate, regardless of where such documents have been issued in Spain.

4)

Document apostilles issued by the judicial authorities or officials of the Supreme Court and the Supreme Court: Only the government secretaries ("Secretario de Gobierno") of the court issued by the court in question shall be entitled to the documents issued by the court in question. competent courts or their legal substitutes, as well as officials to whom the previous delegation may be delegated.

5)

Apostilles on other public documents: the other public documents may be the subject of an individual certification or an apostille issued at the discretion of the citizen, both in paper form and electronically, by one of the above in Part 1. shall be the authorities mentioned.

Likewise, the above-mentioned Royal Decree in Chapter II regulates and regulates the format and registration of the Apostille, both in paper and in electronic form.

The only transitional provision of the above Royal Decree justifies the fact that the document apostille issued by the central reporting register, in accordance with the provisions contained in Article 2 (Document Apostille) until the entry into force of the Law 20/2011 of 21 July on the central register of registers and, as a consequence, by Article 1 of the Royal Decree (Administrative Document Apostille).

Contact details:

Oficialía Mayor-Legalizaciones

Ministerio de Justicia

Plaza de Benavente Nº 3

28.071-MADRID

Spain

Faymann