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Consent Law Amending The European Convention On The Abolition Of Legalization Of Documents Executed By Diplomatic Or Consular Agents, Done At London June 7, 1968 (1) (2)

Original Language Title: Loi portant assentiment à la Convention européenne relative à la suppression de la légalisation des actes établis par les agents diplomatiques ou consulaires, faite à Londres le 7 juin 1968 (1)(2)

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19 FEBRUARY 2016. - An Act to approve the European Convention on the Suppression of the Legalization of Acts Established by Diplomatic or Consular Agents, made in London on 7 June 1968 (1)(2)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The European Convention on the Suppression of the Legalization of Acts Established by Diplomatic or Consular Agents, made in London on 7 June 1968, will come out of its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 February 2016.
PHILIPPE
By the King:
Minister of Foreign Affairs,
D. REYNDERS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 54-1496
Full report: 19/01/2016.
European Convention on the Suppression of the Legalization of Acts Established by Diplomatic or Consular Agents
The States members of the Council of Europe, signatories to this Convention,
Considering that the purpose of the Council of Europe is to achieve a closer union between its members;
Considering that relations between the Member States and between their diplomatic and consular agents are increasingly based on mutual trust;
Considering that the suppression of legalization tends to deepen the links between Member States by allowing the use of foreign documents in the same way as those emanating from national authorities;
Convinced of the need to remove the requirement of legalization of acts established by their diplomatic or consular agents,
The following agreed:
Article 1er. The legalization, within the meaning of this Convention, covers only the formality intended to certify the veracity of the signature affixed to an act, the quality in which the signatory of the act acted and, if any, the identity of the seal or stamp whose act is taken.
Art. 2. 1. This Convention shall apply to acts established in their official capacity by diplomatic or consular agents of a Contracting Party exercising their functions in the territory of any State and which shall be produced:
(a) in the territory of another Contracting Party, or
(b) to diplomatic or consular officials of another Contracting Party, exercising their functions in the territory of a State that is not a party to this Convention.
2. It also applies to official statements, such as registration, certain date visas and signature certifications, affixed by diplomatic or consular agents on acts other than those referred to in the preceding paragraph.
Art. 3. Each Contracting Party shall not legalize the acts to which this Convention applies.
Art. 4. 1. Each of the Contracting Parties shall take the necessary measures to avoid the legalization of its authorities in cases where this Convention requires the deletion of it.
2. It shall verify, where necessary, the origin of the acts to which this Convention applies. This verification will not result in any tax or fees being paid and must be operated as soon as possible.
Art. 5. This Convention shall, in the relations between the Contracting Parties, prevail over the provisions of treaties, conventions or agreements that submit or submit to legalization the veracity of the signature of diplomatic or consular agents, the quality in which the signatory of an act has acted and, where appropriate, the identity of the seal or stamp of which that act is taken.
Art. 6. 1. This Convention is open for signature by the Member States of the Council of Europe.
It will be ratified or accepted. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.
2. The Convention shall enter into force three months after the date of deposit of the third instrument of ratification or acceptance.
3. It will enter into force with respect to any signatory State that will ratify or accept it at a later date, three months after the date of deposit of its instrument of ratification or acceptance.
Art. 7. 1. Following the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council to accede to this Convention.
2. The accession shall be effected by the deposit, near the Secretary General of the Council of Europe, of an instrument of accession which shall take effect three months after the date of its deposit.
Art. 8. 1. Any Contracting Party may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, designate the territory or territories to which this Convention shall apply.
2. Any Contracting Party may, at the time of deposit of its instrument of ratification, acceptance or accession, or at any other time thereafter, extend the application of this Convention, by declaration addressed to the Secretary General of the Council of Europe, to any other territory designated in the declaration and to which it assures international relations or for which it is authorized to provide.
3. Any declaration made under the preceding paragraph may be withdrawn, with respect to any territory designated in that declaration, under the conditions provided for in Article 9 of this Convention.
Art. 9. 1. This Convention shall remain in force without limitation of time.
2. Any Contracting Party may denounce this Convention with a notification to the Secretary General of the Council of Europe.
3. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.
Art. 10. The Secretary General of the Council of Europe shall notify the States members of the Council and any State which has acceded to this Convention:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance or accession;
(c) any effective date of this Convention;
(d) any declaration received under the provisions of Article 8;
(e) any notification received under the provisions of Article 9 and the date on which the denunciation takes effect.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in London on 7 June 1968, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatories and members.