95. Federal law on the certification by the consular authorities (Konsularbeglaubigungsgesetz - KBeglG)
The National Council has decided:
Scope of application
§ 1. This federal law regulates the carrying out of certifications and the affixing of notices other related documents issued by the consular authorities.
§ 2. For the purposes of this federal law:
1. "Consular": the Federal Minister for European and International Affairs and representation offices;
2. "Diplomatic missions": the competent local Austrian consular representation authorities as well as the honorary consuls, the Federal Minister for European and International Affairs entrusted with the performance of duties under this Federal Act under his supervision;
3. "Documents": on paper or electronically, public and private documents; and 4 "source"documents: documents with the exception of mere legalization and Vidimierung note.
Certifications are 3. (1) in accordance with the Convention for the liberation of foreign public documents of the certification, BGBl. No. 27 / 1968, as well as of the Federal law on the exhibition of the Apostille under the Convention to the liberation of foreign public documents of the certification, BGBl. No. 28 / 1968, and without prejudice to any other international regulations in the following cases made:
1. the Federal Minister for European and International Affairs for the purpose of use in international legal relations and to full compliance with each intended legalized: a) excess certification of accreditation certificates to authorized Austrian authorities - on originals and duplicates of source documents that are Austrian public documents, including translations associated with them;
-on copies (copies) of source documents that are Austrian public documents, including translations associated with them, when the authentication on the original or a duplicate of the certificate is not possible or cannot reasonably be expected.
b) parent certification by certification note to befugter Austrian authorities on private built in Austria documents including translations associated with them;
c) excess certification of accreditation certificates from embassies or other authorized agencies of Nations that established by regulation of the Federal Minister for European and international affairs, on source documents established in the respective State;
(d) certification of source documents, which are public documents and representation offices were built.
2. of representations: a) excess certification of parent certification note of the Federal Minister for European and international affairs in accordance with subpara 1 lit. a to c;
b) aa for the purpose of use in Austria or Austrian nationals and legal persons attributable to Austria:) excess certification of accreditation certificates of Foreign Ministry of Foreign Affairs on originals, duplicates and copies (copies) of source documents in the Office area of the relevant consular authorities. In addition, the Federal Minister for European and International Affairs may lay down by regulation cases in which such excess certifications also on associated with documents translation of these documents can be made.
BB) authentications of signatures on private sources of documents, unless a certification in Austria is not possible or cannot reasonably be expected;
(c) for Austrian citizens and legal persons attributable to Austria: legalisation services electronically built source documents that are Austrian public documents.
(2) a certification notice on a public certificate authentication and the certification of an authentic instrument confirm only the authenticity of the signature and the seal of Office and, if international rules see this before, the property in which the signatories of the Charter has acted. Legalization of signature on a private certificate confirms only the authenticity of this signature.
(3) there are doubts on the authenticity of a document in the content validity of a foreign public or private certificate or the authenticity of a signature, so the Konsularbehörde can
-a check at the expense of the person that presents the certificate to the certification, can be distinguished, and - require an attending of each person whose appearing for such a review is necessary.
(4) there are justified doubts about the authenticity of a certification notice to the authenticity of a document in the content validity of a foreign public or private certificate, the correctness of a translation or the authenticity of a signature, or a suspicion of violation or circumvention of laws and regulations or other misuse, the Konsularbehörde has to deny certification. The refusal can be noted without prejudice to any other actions on the certificate, insofar as this is legally permissible.
4. (1) the representative authorities can confirm that
1 copy (copy) of a document with the original submitted to them was built in Austria match (Vidimierung), provided that such a confirmation is for use in the Office area of the consular authorities; or 2. is it a translator specified in a document a translator approved in the Office area of the representative authority.
(2) representations can match an electronic copy of a document with this certificate by an official signature within the meaning of article 19 of the E-Government Act, produced by the representative authority in accordance with the existing technical conditions Federal Law Gazette I no. 10/2004, confirm, if confirmation is intended for the use in Austria.
(3) on the issuance of notices referred to in paragraph 1 and paragraph 2, section 3 paragraph 2 and paragraph 4 are to apply by analogy. In a notice referred to in paragraph 1 Z 1 and 2 is to point out that the confirmation represents no certification.
Note on electronically built documents
§ 5. The installation of legalization and other notes on documents built in electronic is possible only at the consular offices equipped for it, and only in those cases that have been set by regulation of the Federal Minister for European and international affairs.
§ 6. The Federal Minister for European and international affairs regulates the procedure for carrying out of certifications and to attach other endorsements after this federal law by regulation. In one such regulation making can be used out of accreditations of instruments from certain States, if no reliable verification of authenticity or content accuracy of this documents can be ensured.
Linguistic equal treatment
§ 7. As far as the designations employed in this federal law relating to natural persons, the selected form applies to both sexes. In the application of these terms to certain natural persons the respective gender-specific form is to use.
Reference to other federal laws
§ 8. As far as other federal laws are referenced in this Federal Act, these are to apply in their up-to-date version.
§ 9. The Federal Minister for European and international affairs is entrusted with the execution of this Federal Act.
Entry into force
§ 10. This federal law shall enter into force 1 January 2013. At the same time the regulation of the Federal Minister for Foreign Affairs of 16 March 1984 on certification by Austrian embassies abroad, Federal Law Gazette No. 140/1984, override.