Why The "convention On The Abolition Of The Requirement Of Legalization Of Foreign Public Documents" Signed In The Hague On October 5, 1961 Is Approved

Original Language Title: Por la cual se aprueba la "Convención sobre la abolición del requisito de legalización de documentos públicos extranjeros", suscrita en La Haya el 5 de octubre de 1961

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1998 Law 455

(August 4)

Official Journal No 43,360 of 11 August 1998

By means of which the "Convention on the Abolition of the Legalization Requirement for Foreign Public Documents" is approved, signed in The Hague on October 5, 1961.

Vigency Notes Summary

COLOMBIA CONGRESS

Having regard to the text of the "Convention on the Abolition of the Legalization Requirement for Foreign Public Documents", signed in The Hague on October 5, thousand nine hundred and sixty-one (1961), which reads:

(To be transcribed: photocopy of the full text of the International Instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

OFFICIAL TRANSLATION NUMBER 058

From a document written in English.

United Nations-Treaty Series

Number 7625

CONVENTION ON THE ABOLITION OF THE LEGALIZATION REQUIREMENT FOR FOREIGN PUBLIC DOCUMENTS

Open for signature in The Hague on October 5, 1961.

States signatory to this Convention, wishing to abolish the requirement of diplomatic or consular legalization for foreign public documents.

They have resolved to hold a Convention in this regard and have agreed upon the following provisions:

ARTICLE 1o. This Convention shall apply to public documents which have been executed in the territory of a Contracting State and which must be displayed in the territory of another Contracting State.

The following are considered as public documents for purposes.

1. In accordance with Article 11, the Convention entered into force on 24 January 1965, the 60th day after the deposit of the third instrument of ratification, in respect of the following States, in whose name deposited the instruments of ratification held by the Government of the Netherlands on the dates indicated:

avia.......September 25, 1962.

United Kingdom of Great Britain and Northern Ireland (also applicable to Jersey, the Bailiage of Guernsey and the Isle of Man) ... 21 August 1964.

France (also applicable to overseas departments and territories

..... 25 of

November 1964 of this Convention:

(a) Documents emanating from an authority or official relating to the courts or courts of a State, including those emanating from a prosecutor, a clerk of a court or a stratum keeper;

b) Administrative documents;

c) Notary Acts;

(d) Official certificates placed in documents signed by persons on a personal basis, such as official certificates which record the registration of a document or which existed on a given date and official and notarial authentic signatures.

However, this Convention shall not apply:

a) Documents executed by diplomatic or consular agents;

b) To administrative documents dealing directly with commercial or customs operations.

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ARTICLE 2o. Each contracting state shall exempt from legalization the documents to which this Convention applies and which must be filed in its territory. For the purposes of this Convention, legalization means only the process by which the diplomatic or consular agents of the country in which the document is to be presented certify the authenticity of the signature, to which title it has the person signing the document and, where appropriate, the stamp or stamp to be stamped.

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ARTICLE 3o. The only procedure that may be required to certify the authenticity of the signature, to which title the person signing the document has acted and, where applicable, the stamp or stamp that I will carry, is the addition of the certificate described in Article 4, issued by the competent authority of the State from which the document emanates.

However, the procedure referred to in the preceding paragraph cannot be required when it is either the laws, regulations or practice in force where the document is displayed or an agreement between two or more Contracting States has abolished or simplified it or dispensed with the document itself of being legalized.

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ARTICLE 4. The certificate mentioned in the first paragraph of article 3or. shall be placed in the document itself or in an "other"; its form shall be that of the model annexed to this Convention1.

However, it may be written in the official language of the issuing authority. The current terms appearing in that certificate may also be drawn up in a second language. The title "Apostille (Convention de La Haye du 5 octobre 1961)" shall be written in French.

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ARTICLE 5o. The certificate shall be issued at the request of the person who signed the document or any bearer.

When it is duly filled, it shall certify the authenticity of the signature, to which title the person signing the document has acted, and, where appropriate, the stamp or stamp indicated in the document.

The signature, stamp and stamp placed on the certificate shall be exempt from any certification.

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ARTICLE 6o. Each Contracting State shall designate by indication of its own capacity the authorities which are competent to issue the certificates referred to in the first paragraph of Article 3or. It shall notify the Ministry of Foreign Affairs of the Netherlands at the time of the deposit of its instrument of ratification or accession and its declaration of extension. It will also notify any changes in the designation of the authorities.

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ARTICLE 7o. Each of the authorities designated in accordance with article 6or. keep a record or index of cards in which you will record the certificates, indicating:

a) The number and date of the certificate;

(b) The name of the person who signs the public document and to which title he has acted, or the name of the authority that has placed the stamp or stamp, in the case of unsigned documents.

The authority that issued the certificate, at any person's request, will verify if the details in the certificate correspond to those on the card record or index.

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ARTICLE 8. When a treaty, convention or agreement between two or more Contracting States contains provisions that subject to certain formalities the certification of a signature, stamp or stamp, the present Convention shall prevail over such provisions only if they are more stringent than the procedure referred to in Articles 3or. and 4or.

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ARTICLE 9o. Each Contracting State shall take the necessary measures to prevent the completion of legalizations by its diplomatic or consular agents in cases where the exemption is provided for by the Present Convention.

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ARTICLE 10. This Convention shall be open for signature by the States represented at the ninth session of the Hague Conference on Private International Law, and Ireland, Iceland, Liechtenstein and Turkey.

It will be ratified and the instruments of ratification will be deposited with the Ministry of Foreign Affairs of the Netherlands.

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ARTICLE 11. This Convention shall enter into force on the 60th day after the deposit of the third instrument of ratification referred to in the second paragraph of Article 10.

For each signatory State that will ratify it at a later date, the Convention will enter into force on the 60th day after the deposit of its instrument of ratification.

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ARTICLE 12. Any State not mentioned in Article 10 may adhere to this Convention after it has entered into force in accordance with the first paragraph of the Article 11.

The instrument of accession will be deposited with the Ministry of Foreign Affairs of the Netherlands.

Such accession shall take effect only with regard to relations between the acceding State and the Contracting States which have not raised objection to their accession within six months of receipt of the notification referred to in the Article 15(d). That objection shall be notified to the Ministry of Foreign Affairs of the Netherlands.

The Convention shall enter into force between the acceding State and the States which have not raised any objection to their accession on the 60th day after the expiry of the six-month period referred to in the preceding paragraph.

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ARTICLE 13. Any State may, at the time of signature, ratification, or accession, declare that this Convention shall extend to all territories whose international relations are in charge of it; or to one or more of them. Such a declaration shall take effect on the date of entry into force of the Convention for that State.

Such extensions will be notified at any later time to the Ministry of Foreign Affairs of the Netherlands.

When the extension declaration is made by a State that has signed and ratified, the Convention shall enter into force for the territories in question in accordance with Article 11. Where the declaration of extension is made by a State that has acceded, the Convention shall enter into force for the territories in question in accordance with Article 12.

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ARTICLE 14. This Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 11, including for the States which have ratified or acceded to it at a later date.

If there has been no denunciation, the Convention will be tacitly renewed every five years.

Any complaint shall be notified to the Ministry of Foreign Affairs of the Netherlands, at least six months before the end of the five-month period.

It may be limited to certain of the territories to which the Convention applies.

The complaint shall only take effect with respect to the State which has notified it. The Convention shall remain in force for the other Contracting States.

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ARTICLE 15. The Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in Article 10 and the States that have acceded to the Agreement. with article 12, the following:

a) The notifications noted in the second paragraph of article 6or.;

b) The signatures and ratifications outlined in article 10;

c) The date on which this Convention enters into force, in accordance with the first paragraph of Article 11;

d) The accessions and objections outlined in Article 12 and the date on which such accessions take effect;

e) The extensions noted in article 13 and the date on which they take effect;

f) The denunciations mentioned in the third paragraph of article 14.

In testimony to which, the underwritten, duly authorized to do so, have signed the present Convention made in The Hague on October 5, 1961 in French and English, making faith the French text in case of divergence between the two texts, in a single copy which shall be deposited in the archives of the Government of the Netherlands and shall be sent, by diplomatic means, to each of the States represented at the ninth session of the Hague Conference of Private International Law, as well as Ireland, Iceland, Liechtenstein and Turkey.

In French And English:

(ANNEX TO THE CONVENTION)

APOSTILLE MODEL

The apostille will have the shape of a square whose sides will be 9 centimeters long, at least.

APPOSTILLE

(Convention of La Haye du 5 octobre 1961) 1

1. Country ...........................

This public document .....

2. It has been signed by ............

3. Acting in quality of .........

4. Bears the stamp/stamp of ...

Certificate

5. In ........... 6. The ...........

7. By ............................

8. Under the number .................

9. Stamp/stamp. 10. Signature ....

It's true and full translation

Translator,

ROBERTO ARANGO ROA

Santa Fe de Bogota, D.C., February 23, 1993.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Santa Fe de Bogota, D.C., August 16, 1996

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo) ERNESTO SAMPER PIZANO

(Fdo) MARIA EMMA MEJIA VELEZ

The Foreign Minister

FOOTER

1. In accordance with Article 6, the following States have notified the Governments of the Netherlands of their designation of the authorities, as follows:

2. France communication to the Government of the Netherlands on 5 October 1961:

The President of the Tribunaux de grande instance (courts of great instance) and the judges of the Tribunaux d' instance (Courts of Instance)

United Kingdom of Great Britain and Northern Ireland (notification deposited at the time of ratification):

The principal Secretary of State for his Majesty for Foreign Affairs, Foreign Office, London, S. W. 1 (with respect to the United Kingdom, Jersey, the Bailiage of Guernsey and the Isle of Man).

1. The Hague Convention of 5 October 1961.

DECRETA:

ARTICLE 1o. Approve the "Convention on the Abolition of the Legalization Requirement for Foreign Public Documents" signed in the Hague on October 5, thousand nine hundred and sixty-one (1961)

ARTICLE 2o. Pursuant to Article 1 of Law 7a.  In 1944, the "Convention on the Abolition of the Requirement of Legalization for Foreign Public Documents", signed in The Hague on October 5, one thousand nine hundred and sixty-one (1961),

as referred to in Article 1. of this law is approved, will force the country from the date on which the international link with respect to it is perfected.

ARTICLE 3o. This governs as of the date of your publication

AMYLKAR ACOSTA MEDINA

The President of the honorable Senate of the Republic

PEDRO PUMAREJO VEGA

The Secretary General of the Honorable House of Representatives

CARLOS SQUIRLA BALLESTEROS

The President of the Honourable House of Representatives

DIEGO VIVAS TAFUR

The Secretary General of the Honourable House of Representatives

COLOMBIA-NATIONAL GOVERNMENT

COMMUNICATE AND COMPLY

Dada en Santafe de Bogota, 4 August 1998

Execute prior review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution

ERNESTO SAMPER PIZANO

CAMILO REYES RODRIGUEZ

The Foreign Minister

ALMA BEATRIZ RENGIFO LOPEZ

The Minister of Justice and Law

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