Konsularbeglaubigungsgesetz - Kbeglg

Original Language Title: Konsularbeglaubigungsgesetz – KBeglG

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95. Federal Law on the authentication by the consular authorities (consular authentication law-KBeglG)

The National Council has decided:

Scope

§ 1. This federal law regulates the acceptance of credentials and the affixing of other endorsements to documents by the consular authorities.

Definitions

§ 2. In the sense of this federal law:

1.

"consular authorities" means the Federal Minister for European and International Affairs and the representative authorities;

2.

"representative authorities" means the locally competent Austrian professional representative authorities as well as those honorary consuls which the Federal Minister for European and International Affairs has to carry out with the performance of tasks under this Federal Act, under entrusted to its supervision;

3.

"documents" means public and private documents issued on paper or by electronic means; and

4.

"Source Documents": Documents with the exception of mere authentication and vidimation notes.

Certifications

§ 3. (1) Certifications shall be certified in compliance with the Convention for the Liberation of Foreign Public Documents from the certification, BGBl. No. 27/1968, as well as of the Federal Law on the Exhibition of Apostille in accordance with the Convention for the Liberation of Foreign Public Documents of the Certification, BGBl. No 28/1968, and without prejudice to other provisions of international law, in the following cases:

1.

by the Federal Minister for European and International Affairs for the purpose of the use in international legal transactions and after full compliance with the respective national authentication path provided for:

a)

Credentials of Austrian authorities authorised to do so by a certified official

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on originals and duplicates of source documents, which are Austrian public documents, including those linked to them;

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copies (copies) of source documents which are Austrian public documents, including translations thereof, if the certificate is not available on the original or a duplicate of the document, or if the document does not is reasonable;

b)

Credentials of authorised Austrian authorities to private documents established in Austria, including those related translations;

c)

Authentication of credentials of representation authorities or other authorized authorities of those States designated by the Federal Minister for European and International Affairs (Federal Minister for European and International Affairs) in the respective State established source documents;

d)

Certifications of source documents, which are public documents and which have been established by representative authorities.

2.

of representative authorities:

a)

Credentials of the Federal Minister for European and International Affairs of the Federal Minister for European and International Affairs (Z 1 lit). a to c;

b)

For the purpose of use in Austria or for legal persons to be attributed to Austria or Austria:

aa)

Certificates of authentication of a foreign Ministry of Foreign Affairs on originals, duplicates and copies (copies) of source documents established in the official area of the relevant representative authority; in addition, the Federal Minister specify, for European and international affairs, by means of a regulation in which cases such credentials may also be carried out on translations of those documents, which are linked to documents;

bb)

Authentications of signatures on private source documents, insofar as a certification in Austria is not possible or is not reasonable;

c)

Legal persons to be attributed to Austrian citizens and Austria: authentication of electronically constructed source documents, which are Austrian public documents.

(2) The authentication of a certificate of credentials on a public document and the certification of a public document merely confirm the authenticity of the signature and the official seal, and, if this is the case under international law, , the property in which the signatory of the document has acted. The authentication of the signature on a private certificate only confirms the authenticity of this signature.

(3) In case of doubt as to the authenticity of a document, the correctness of a foreign public or a private certificate or the authenticity of a signature, the consular authority may

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have a check made at the expense of the person who submits the certificate for authentication, and

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Require a personal interview of each person whose appearance is necessary for such a review.

(4) Existence of reasonable doubt as to the authenticity of a certificate of credentials, the authenticity of a document, the accuracy of a foreign public or private certificate, the accuracy of a translation or the accuracy of a translation or the correctness of a document. If a signature is authentic, or if there is a suspicion of a breach or circumvention of legislation or other improper use, the consular authority shall refuse to be a credited person. Without prejudice to any other measures to be taken, the denial may be noted on the document, insofar as this is legally permissible.

Other endorsements

§ 4. (1) The representative authorities may confirm that:

1.

the copy (copy) of a document drawn up in Austria is in conformity with the original submitted to them (vidimation), provided that such a certificate is used for use in the office of the representative authority; or

2.

the translator is a translator who is specified on a document and is a translator who is state-approved in the office of the representative authority.

(2) Representative authorities may, in accordance with the existing technical requirements, comply with an electronic copy of a document made by the representative authority with this document by means of an official signature within the meaning of § 19 of the E-Government Law, BGBl. I n ° 10/2004, provided that the confirmation is for use in Austria.

(3) § 3 (2) and (4) shall apply mutafictily to the granting of a notice pursuant to section (1) and (2). In a note pursuant to paragraph 1 (1) (1) and (2), it should be pointed out that the confirmation does not constitute a certification.

Endorsements on electronically built documents

§ 5. The affixing of authentication and other references to documents issued electronically is only possible in the case of the consular authorities equipped for this purpose and only in those cases which are made possible by the regulation of the Federal Minister for European and European Union international affairs have been established.

Procedure

§ 6. The Federal Minister for European and International Affairs regulates the procedure for the acceptance of certifications and for the affixing of other endorsements under this Federal Act by Regulation. Such a regulation may suspend the acceptance of certificates from the documents of certain Member States if it is not possible to ensure a reliable verification of the authenticity or accuracy of such documents.

Linguistic equality

§ 7. In so far as the names used in this Federal Act refer to natural persons, the chosen form shall apply to both sexes. The use of these designations for certain natural persons shall be based on the gender-specific form.

Referral to other federal laws

§ 8. Insofar as other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Enforcement

§ 9. The Federal Minister for European and International Affairs is responsible for the enforcement of this federal law.

entry into force

§ 10. This federal law comes with 1. Jänner 2013 in force. At the same time, the ordinance of the Federal Minister of Foreign Affairs of 16 March 1984 concerning the credentials of Austrian representative authorities abroad, BGBl. No 140/1984, except for force.

Fischer

Faymann