ACT 455 OF 1998
Official Journal No 43360 of 11 August 1998
Through which the "Convention on the Abolition of the requirement of legalization for foreign public documents" approved it signed in to Hague on October 5, 1961. Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Convention on the Abolition of the requirement of legalization for foreign public documents" signed at the Hague on 5 October in 1961 (1961), which the letter says:
(to be transliterated: photocopy of the full text of the International Instrument mentioning, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs is attached). NUMBER 058 OFFICIAL TRANSLATION
In a document written in English.
United Nations Treaty Series-Number 7625
Convention on the Abolition THE REQUIREMENT OF LEGALIZATION FOR FOREIGN PUBLIC DOCUMENTS
Opened for signature at The Hague on 5 October 1961. The
signatory States of this Convention, desiring to abolish the requirement of diplomatic or consular legalization for foreign public documents.
Have resolved to conclude a convention on this matter and have agreed as follows:
ARTICLE 1o. The present 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 public documents in order.
1. According to Article 11, the Convention entered into force on 24 January 1965, the sixtieth day after the deposit of the third instrument of ratification in respect of the following States, on whose behalf instruments of ratification they were deposited with the Government of the Netherlands on the dates indicated: Yugoslavia
....... 25 September 1962.
United Kingdom of Great Britain and Ireland North (also applicable to Jersey, the Bailiwick of Guernsey and the Isle of Man) ... 21 August 1964
France (also applicable to overseas departments and territories .....
25 November 1964 this Convention:
a) documents emanating from an authority or an official connected with the courts or tribunals of a State, including those emanating from a public prosecutor, a clerk of a court or a porter podiums;
B) Administrative documents;
C) notarial acts;
D) Official certificates placed on documents signed by persons in their personal, such as official certificates recording the registration of a document or that existed on a certain date and official and notarial authentications of signatures title.
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.
. Each contracting state shall exempt from legalization documents to which this Convention applies and which will be produced in its territory. For the purposes of this Convention, legalization means only the formality by which the diplomatic or consular agents of the country where the document must be submitted certify the authenticity of the signature, to which title has performed the person signing the document and where appropriate, an indication of the seal or stamp which it bears.
ARTICLE 3o. The only formality that may be required to certify the authenticity of the signature, which title has performed the person signing the document and, where appropriate, label indication or stamp which it bears, is the addition of the certificate described in Article 4o., issued by the competent authority of the State in which the document emanates.
However, it may not require the procedure mentioned in the previous paragraph when either the laws, regulations or practice in force where the document is displayed or an agreement between two or more Contracting States have abolished or simplified or dispensed the document it being legalized.
. The certificate referred to in the first paragraph of the 3rd article. It will be placed on the document itself or in a "otrosí"; its shape will be the Convention.1 annexed to this model.
However, it may be written in the official language of the issuing authority. The current terms that appear on this certificate may also be written in a second language. The title "Apostille (Convention de La Haye du 5 octobre 1961)" shall be written in French.
The 5th ARTICLE. The certificate will be issued at the request of the person who signed the document or of any bearer.
When it is duly filled, it will certify the authenticity of the signature, the capacity in which the person has performed signing the document and, where appropriate, an indication of the seal or stamp which the document bears.
The signature, seal and stamp placed on the certificate shall be exempt from all certification.
. Each Contracting State shall designate the suggestion of their own capacity the authorities who are competent to issue the certificates mentioned in the first paragraph of Article 3. It shall notify such designation to the Ministry of Foreign Affairs of the Netherlands1 at the time of deposit of its instrument of ratification or accession and its declaration of extension. Also notify any change in the designation of the authorities.
Article 7. Each of the authorities designated in accordance with Article 6. keep a register or card index in which record certificates, indicating:
a) The number and date of the certificate;
B) The name of the person signing the public document has acted and what title or the name of the authority which has affixed the seal or stamp if unsigned documents.
The authority that issued the certificate, at the request of any person, check if the details in the certificate correspond to those in the register or card index.
. When a treaty, convention or agreement between two or more Contracting States contuviere provisions imposing certain formalities certification of a signature, seal or stamp, this Convention shall prevail over those provisions only if they are more stringent than taking action under Articles 3o. and 4o.
Article 9. Each Contracting State shall take the necessary measures to prevent the realization of legalizations by its diplomatic or consular in cases where the exemption was allowed by this Convention agents.
ARTICLE 10. The present 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
be ratified and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands.
Article 11. This Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification mentioned in the second paragraph of Article 10.
For each State ratifying subsequently, the Convention shall enter into force on sixtieth day after the deposit of its instrument of ratification.
Article 12. Any State not mentioned in Article 10 may accede to this Convention after it has entered into force in accordance with the first paragraph of Article 11.
The instrument of accession shall be deposited with the Ministry Foreign of the Netherlands.
Such accession shall take effect only as regards the relations between the acceding State and the Contracting States which have raised no objection to its accession in the six months after receipt of the notice referred to in subsection d) of Article 15 . Such objection shall be notified to the Ministry of Foreign Affairs of the Netherlands.
The Convention will enter into force between the acceding State and the States which have not raised any objection to its accession on the sixtieth day after the expiry of six months mentioned in the preceding paragraph.
Article 13. Any State may, at the time of signature, ratification or accession, declare that this Convention to all territories for the international relations is responsible, or to one or more of them will run. Such declaration shall take effect on the date of entry into force of the Convention for that State.
Such extensions shall be notified in any subsequent to the Ministry of Foreign Affairs of the Netherlands moment.
When the declaration of extension it be made by a State which has signed and ratified, the Convention will enter into force for the territories concerned in accordance with Article 11. When the declaration of extension it be made by a State that has adhered the Convention will enter into force for the territories concerned in accordance with Article 12.
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, even for States which have ratified or acceded to any further .
If there has not been any complaint, the Convention shall be tacitly renewed every five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands, at least six months before the end of the period of five months.
It may be limited to certain of the territories to which the Convention aplicare.
The denunciation shall take effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.
ARTICLE 15. The Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in Article 10 and the States which have acceded in accordance with Article 12, the following:
a) The notification referred to in the second paragraph of Article 6 .;
B) the signatures and ratifications referred to in Article 10;
C) The date on which the Convention enters into force in accordance with the first paragraph of Article 11;
D) the accessions and objections referred to in Article 12 and the date on which such accessions take effect;
E) the extensions referred to in Article 13 and the date on which they take effect;
F) The complaints mentioned in the third paragraph of Article 14
In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention Done at The Hague on October 5, 1961 in French and English, the French text prevailing 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 of which a certified copy shall be sent, through diplomatic channels, to each of the States represented at the ninth session of the Hague conference on private International law, as well as Ireland, Iceland, Liechtenstein and Turkey.
In French and English:
(ANNEX TO THE CONVENTION) MODEL APOSTILLE
The apostille will take the form of a square whose sides have 9 centimeters long, at least.
APOSTILLE (Convention de La Haye du 5 octobre 1961) 1
1. Country ...........................
This public document .....
2. It has been signed by
............ 3. Acting as .........
4. Bears the seal / stamp ...
Certificate 5. 6. In ........... ...........
7. By ............................
Under the number ................. 9. Seal / stamp. 10. Signature ....
is a faithful and complete translation
ROA ROBERTO ARANGO Santa Fe de Bogota, DC, 23 February 1993.
EXECUTIVE BRANCH PUBLIC POWER PRESIDENCY oF THE REPUBLIC
Santa Fe de Bogota, DC, August 16, 1996 Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Signed) Ernesto Samper Pizano
(Signed) EMMA MEJIA VELEZ MARIA
Foreign Minister FOOTNOTE
1. . In accordance with Article 6, the following States have notified the governments of loa Netherlands designation of the authorities listed below:
2. France communication addressed to the Government of the Netherlands on October 5, 1961:
The President of the Tribunaux de grande instance (courts of first instance) and judges of the Tribunaux d'instance (trial courts)
United Kingdom of Great Britain and Ireland North (notification deposited at the time of ratification):
the main Secretary of State of his Majesty for Foreign Affairs, Foreign Office, London, SW1 (for the United Kingdom, Jersey, the Bailiwick of Guernsey and the Isle of Man).
1. Hague Convention of 5 October 1961. DECREES
ARTICLE 1o. You hereby approved the "Convention on the Abolition of the requirement of legalization for foreign public documents" signed in The Hague on October 5 in 1961 (1961)
ARTICLE 2o. In accordance with Article 1 of the 7th Law. 1944, the "Convention on the Abolition of the requirement of legalization for foreign public documents" signed at the Hague on 5 October of in 1961 (1961)
that article 1. this law passed, will force the country from the date the international link regarding the same is perfected.
ARTICLE 3o. This applies from the date of its publication
MEDINA ACOSTA Amylkar
The President of the honorable Senate PUMAREJO VEGA PEDRO
The Secretary General of the Chamber of Representatives CARLOS ARDILA BALLESTEROS
The President of the honorable House of Representatives |
|| DIEGO VIVAS TAFUR secretary General of the honorable House of Representatives
REPUBLIC oF COLOMBIA - NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY
Given in Santafe de Bogota, August 4, 1998
Run prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution
Ernesto Samper Pizano
The Camilo Reyes Rodriguez Foreign Minister
ALMA BEATRIZ LOPEZ RENGIFO Minister of Justice and Law