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RS 0.172.030.4 Convention of 5 October 1961 abolishing the requirement for the legalisation of foreign public acts (with annexes and lists)

Original Language Title: RS 0.172.030.4 Convention du 5 octobre 1961 supprimant l’exigence de la légalisation des actes publics étrangers (avec annexe et listes)

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0.172.030.4

Original text

Convention removing the requirement for the legalization of foreign public acts

Conclue to The Hague on 5 October 1961

Approved by the Federal Assembly on April 27, 1972 1

Instrument of ratification deposited by Switzerland on 10 January 1973

Entry into force for Switzerland on 11 March 1973

(State on 11 June 2015)

The States Parties to this Convention,

Desiring to remove the requirement of diplomatic or consular legalization of foreign public acts,

Resolved to conclude a Convention to that effect and agreed on the following provisions:

Art. 1

This Convention shall apply to public acts which have been established in the territory of a Contracting State and which must be produced in the territory of another Contracting State.

The following are considered public acts within the meaning of this Convention:

(a)
Documents which emanate from an authority or official within the jurisdiction of the State, including those from the public prosecutor's office, a court clerk or a bailiff;
(b)
Administrative documents;
(c)
Notarial deeds;
(d)
Official declarations, such as notices of registration, visas for certain date and signature certificates, affixed to a private act.

However, this Convention does not apply to:

(a)
Documents issued by diplomatic or consular officials;
(b)
Administrative documents relating directly to a commercial or customs transaction.
Art. 2

Each of the Contracting States shall exempt from legalization the acts to which this Convention applies and which must be produced in its territory.

Legalisation within the meaning of this Convention covers only the formality by which the diplomatic or consular agents of the country in whose territory the act is to be produced attest to the veracity of the signature, the quality in which the Signatory of the act has acted and, where appropriate, the identity of the seal or stamp of which that act is coated.

Art. 3

The only formality which may be required to attest to the veracity of the signature, the quality in which the signatory of the act has acted and, where appropriate, the identity of the seal or stamp of which that act is coated, is the apposition of the apostille defined at Art. 4, issued by the competent authority of the State from which the document emanates.

However, the formality referred to in the preceding paragraph may not be required where either the laws, regulations or practices in force in the State in which the act is produced or an agreement between two or more Contracting States dismiss it, simplify it or Provide the act of legalization.

Art. 4

The apostille provided for in art. 3, para. 1, shall be affixed to the act itself or on an extension; it shall conform to the model annexed to this Convention.

However, it may be in the official language of the issuing authority. The references therein may also be given in a second language. The title "Apostille (The Hague Convention of October 5, 1961)" shall be mentioned in French.

Art. 5

The apostille shall be issued at the request of the signatory or of any holder of the act.

It shall attest to the veracity of the signature, the quality in which the signatory of the act has acted and, where appropriate, the identity of the seal or stamp of which the act is bearing.

The signature, seal or stamp on the apostille are exempt from certification.

Art. 6

Each Contracting State shall designate the authorities taken by the authorities, to which shall be given jurisdiction to issue the apostille provided for in Art. 3, para. 1.

It shall notify the Ministry of Foreign Affairs of the Netherlands at the time of the deposit of its instrument of ratification or accession or of its declaration of extension. It will also notify it of any changes in the designation of these authorities.

Art. 7

Each of the authorities designated in accordance with Article 6 shall keep a register or file in which it takes note of the apostilles issued by indicating:

(a)
The serial number and date of the apostille,
(b)
The name of the signatory of the public act and the quality in which it acted, or, for unsigned acts, the indication of the authority which affixed the seal or stamp.

At the request of any person concerned, the authority which issued the apostille shall check whether the entries on the apostille correspond to those of the register or file.

Art. 8

Where there is a treaty, convention or agreement between two or more Contracting States, containing provisions which subject the attestation of signature, seal or stamp to certain formalities, this Convention shall not derogate from it only If the formalities are more stringent than that laid down in Art. 3 and 4.

Art.

Each Contracting State shall take the necessary measures to prevent its diplomatic or consular officials from making legalisations in cases where this Convention provides for the exemption.

Art. 10

This Convention shall be open for signature by the States represented at the Ninth Session of the Hague Conference on Private International Law, as well as that of 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.

Art. 11

This Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification provided for in Art. 10, para. 2.

The Convention shall enter into force, for each signatory State ratifying subsequently, on the sixtieth day after the deposit of its instrument of ratification.

Art. 12

Any State not covered by Art. 10 may accede to this Convention after its entry into force under Art. 11, para. 1. The instrument of accession will be deposited with the Ministry of Foreign Affairs of the Netherlands.

Accession shall have effect only in relations between the acceding State and the Contracting States which have no objection to it within six months of the receipt of the notification provided for in Art. 15, let. D. Such an objection will 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 no objection to accession, on the sixtieth day after the expiry of the six-month period referred to in the preceding paragraph.

Art. 13

Any State, at the time of signature, ratification or accession, may declare that this Convention shall extend to all the territories it represents on the international level, or to one or more of them. This declaration shall have effect upon the entry into force of the Convention for that State.

Thereafter, any such extension will be notified to the Ministry of Foreign Affairs of the Netherlands.

When the declaration of extension is made by a State which has signed and ratified the Convention, it shall enter into force for the territories concerned in accordance with the provisions of Art. 11. Where the declaration of extension is made by a State which has acceded to the Convention, it shall enter into force for the territories concerned in accordance with the provisions of Art. 12.

Art. 14

This Convention shall be for a period of five years from the date of its entry into force in accordance with Art. 11, para. 1, even for those States which have ratified or acceded to it subsequently.

The Convention will be renewed tacitly in five years, except denunciation.

The denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the expiry of the five-year period.

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

The denunciation shall have effect only in respect of the State which has notified it. The Convention shall remain in force for the other Contracting States.

Art. 15

The Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in Art. 10, as well as to States which have acceded in accordance with the provisions of Art. 12:

(a)
The notifications referred to in Art. 6, para. 2;
(b)
The signatures and ratifications referred to in Art. 10;
(c)
The date on which this Convention enters into force in accordance with the provisions of Art. 11, para. 1;
(d)
Adhesions and objections referred to in s. 12 and the date on which the accessions have effect;
(e)
The extensions referred to in s. 13 and the date on which they will have effect;
(f)
Disclosures referred to in s. 14, para. 3.

In witness whereof, The undersigned, duly authorized, have signed this Convention.

Done at The Hague, on 5 October 1961, in English and in French, the French text being authentic in the event of a discrepancy between the texts, in a single copy, which shall be deposited in the archives of the Government of the Netherlands and a certified copy thereof Will be delivered through diplomatic channels to each of the States represented at the Ninth Session of the Hague Conference on Private International Law, as well as to Ireland, Iceland, Liechtenstein and Turkey.

(Suivent signatures)

Annex

The apostille model

The apostille will have the shape of a square of 9 centimeters to the minimum

Apostille

(The Hague Convention of 5 October 1961)

1.

Country:

This Public Act

2.

Was signed by

3.

Acting as a

4.

Is stamped/stamped

Attested

5.

To

6. The

7.

By

8.

N O

9.

Seal/Stamp:

10. Signature:

List of competent authorities of Switzerland to issue the apostille under the Convention abolishing the requirement of the legalisation of foreign public acts

Approved by the Federal Council on 21 December 1972

A. Confederation Authority:

The Federal Chancellery

B. Cantonal Authorities:

Canton of Zurich:

Die Staatskanzlei

Canton of Berne:

Die Staatskanzlei (State Chancellery)

Canton of Lucerne:

Die Staatskanzlei

Canton of Uri:

Die Standeskanzlei

Canton of Schwyz:

Die Staatskanzlei

Canton of Obwalden 1 :

Die Staatskanzlei

Canton of Nidwalden 2 :

Die Staatskanzlei 3

Canton of Glaris:

Die Staatskanzlei 4

Canton of Zug:

Die Staatskanzlei

Canton of Fribourg:

The State Chancellery (Die Staatskanzlei)

Solothurn Township:

Die Staatskanzlei

Canton of Basel-City:

Die Staatskanzlei

Canton of Basel-Country:

Die Landeskanzlei

Canton of Schaffhausen:

Die Staatskanzlei

Township of Appenzell Rh. -Ext.:

Die Kantonskanzlei

Township of Appenzell Rh. -Int.:

Die Ratskanzee

Canton of St. Gallen:

Die Staatskanzlei

Canton of Grisons:

Die Standeskanzlei (The Cancelleria dello Stato)

Canton of Argovie:

Pass-und Patentamt

Canton of Thurgau:

Die Staatskanzlei

Canton of Ticino:

The Cancelleria dello Stato

Canton of Vaud:

District of Lausanne

Canton of Valais:

The State Chancellery (Die Staatskanzlei)

Canton of Neuchâtel:

The State Chancellery

Canton of Geneva:

The Department of Institutions

Canton of Jura:

The State Chancellery

List of foreign authorities competent to issue the apostille under Art. 3, para. 1, of the Convention 5


1 The designation has been adapted in accordance with Art. 12 al. 2 of the Official Publications Act of 18 June 2004 (RS 170.512 ).
2 The designation has been adapted in accordance with Art. 12 al. 2 of the Official Publications Act of 18 June 2004 (RS 170.512 ).
3 The designation has been adapted in accordance with Art. 12 al. 2 of the Official Publications Act of 18 June 2004 (RS 170.512 ).
4 The designation has been adapted in accordance with Art. 12 al. 2 of the Official Publications Act of 18 June 2004 (RS 170.512 ).
5 The list of foreign authorities is not published in the RO. The lists in English and French may be consulted on the Internet site of the Hague Conference: http://hcch.e-vision.nl/index_fr.php?act=conventions.authorities&cid=41 or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


Status on June 11, 2015

Scope of application on 11 June 2015 2

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

South Africa

August 3

1994 A

April 30

1995

Albania A

3 September

2003 A

9 May

2004

Germany

15 December

1965

13 February

1966

Andorra

15 April

1996 A

31 December

1996

Antigua and Barbuda

17 May

1985 S

1 Er November

1981

Argentina *

8 May

1987 A

18 February

1988

Armenia

19 November

1993 A

August 14

1994

Australia *

July 11

1994 A

March 16

1995

Austria

14 November

1967

13 January

1968

Azerbaijan B

13 May

2004 A

2 March

2005

Bahamas

10 May

1976 S

10 July

1973

Bahrain *

10 April

2013 A

31 December

2013

Barbados

August 30

1995 S

30 November

1966

Belarus

June 16

1992 S

May 31

1992

Belgium

11 December

1975

February 9

1976

Belize

17 July

1992 A

April 11

1993

Bosnia and Herzegovina *

1 Er October

1993 S

6 March

1992

Botswana

16 September

1968 S

September 30

1966

Brunei

23 February

1987 A

3 December

1987

Bulgaria

1 Er August

2000 A

29 April

2001

Burundi C

10 June

2014 A

13 February

2015

Cape Verde

7 May

2009 A

13 February

2010

China

Hong Kong * D

12 June

1985

July 1

1997

Macao E

10 December

1999

20 December

1999

Cyprus

26 July

1972 A

April 30

1973

Colombia *

April 27

2000 A

30 January

2001

Korea (South)

25 October

2006 A

July 14

2007

Costa Rica

April 6

2011 A

14 December

2011

Croatia

April 23

1993 S

7 October

1991

Denmark F

30 October

2006

29 December

2006

Dominica

22 October

2002 S

3 November

1978

El Salvador

September 14

1995 A

May 31

1996

Ecuador *

July 2

2004 A

2 April

2005

Spain *

27 July

1978

September 25

1978

Estonia

11 December

2000 A

September 30

2001

United States *

24 December

1980 A

15 October

1981

Fiji

March 29

1971 S

10 October

1970

Finland

27 June

1985

26 August

1985

France

25 November

1964

24 January

1965

Comoros G

25 November

1964

24 January

1965

Guadeloupe

25 November

1964

24 January

1965

Guyana (French)

25 November

1964

24 January

1965

Wallis and Futuna Islands

25 November

1964

24 January

1965

Martinique

25 November

1964

24 January

1965

New Caledonia

25 November

1964

24 January

1965

News Hebrides G (Franco-British condominium)

17 December

1965 A

February 15

1966

French Polynesia

25 November

1964

24 January

1965

Meeting

25 November

1964

24 January

1965

Saint Pierre and Miquelon

25 November

1964

24 January

1965

Territory of the French Coast of Somalis (also French territory of Afars and Issas or Djibouti)

25 November

1964

24 January

1965

Georgia * H

August 21

2006 A

14 May

2007

Greece

19 March

1985

18 May

1985

Grenada

17 July

2001 A

7 April

2002

Honduras

20 January

2004 A

September 30

2004

Hungary *

18 April

1972 A

January 18

1973

Cook Islands

July 13

2004 A

April 30

2005

Marshall Islands

18 November

1991 A

August 14

1992

India I

26 October

2004 A

July 14

2005

Ireland

8 January

1999

March 9

1999

Iceland

28 September

2004

27 November

2004

Israel

11 November

1977 A

August 14

1978

Italy

13 December

1977

February 11

1978

Japan

28 May

1970

27 July

1970

Kazakhstan *

5 April

2000 A

30 January

2001

Kyrgyzstan J

15 November

2010 A

July 31

2011

Lesotho

24 April

1972 S

4 October

1966

Latvia

11 May

1995 A

30 January

1996

Liberia K

24 May

1995 A

February 8

1996

Liechtenstein

19 July

1972

September 17

1972

Lithuania

5 November

1996 A

19 July

1997

Luxembourg

April 4

1979

3 June

1979

Macedonia

23 September

1993 S

September 17

1991

Malawi

24 February

1967 A

2 December

1967

Malta

12 June

1967 A

3 March

1968

Mauritius

20 December

1968 S

12 March

1968

Mexico

1 Er December

1994 A

August 14

1995

Moldova L

19 June

2006 A

March 16

2007

Monaco

24 April

2002 A

1 Er November

2002

Mongolia M

2 April

2009 A

31 December

2009

Montenegro

30 January

2007 S

3 June

2006

Namibia

April 25

2000 A

30 January

2001

Nicaragua

7 September

2012 A

14 May

2013

Niue

10 June

1998 A

2 March

1999

Norway

30 May

1983

July 29

1983

New Zealand *

7 February

2001 A

22 November

2001

Oman

12 May

2011 A

30 January

2012

Uzbekistan N

July 25

2011 A

15 April

2012

Panama

30 October

1990 A

August 4

1991

Paraguay O

10 December

2013 A

August 30

2014

Netherlands

August 9

1965

8 October

1965

Aruba

1 Er March

1967 A

April 30

1967

Curaçao

1 Er March

1967 A

April 30

1967

Caribbean (Bonaire, Sint Eustatius and Saba)

1 Er March

1967 A

April 30

1967

Sint Maarten

1 Er March

1967 A

April 30

1967

Peru P

13 January

2010 A

September 30

2010

Poland

17 November

2004 A

August 14

2005

Portugal

6 December

1968

4 February

1969

Portuguese Territories

22 October

1969 A

21 December

1969

Dominican Republic Q

12 December

2008 A

August 30

2009

Czech Republic

23 June

1998 A

March 16

1999

Romania

7 June

2000 A

March 16

2001

United Kingdom

August 21

1964

24 January

1965

Anguilla

24 February

1965 A

April 25

1965

Bermuda

24 February

1965 A

April 25

1965

Gibraltar R

24 February

1965 A

April 25

1965

Guernsey

August 21

1964 A

24 January

1965

British Guiana G

24 February

1965 A

April 25

1965

Isle of Man

August 21

1964 A

24 January

1965

Cayman Islands

24 February

1965 A

April 25

1965

Falkland Islands

24 February

1965 A

April 25

1965

Gilbert and Ellice Islands G

24 February

1965 A

April 25

1965

British Solomon Islands G

24 February

1965 A

April 25

1965

Turks and Caicos Islands

24 February

1965 A

April 25

1965

British Virgin Islands

24 February

1965 A

April 25

1965

Jersey

August 21

1964 A

24 January

1965

Montserrat

24 February

1965 A

April 25

1965

Newly-Hebrides G (Franco-British condominium)

24 February

1965 A

April 25

1965

Southern Rhodesia G

24 February

1965 A

April 25

1965

St. Helena and Dependencies (Ascension and Tristan da Cunha)

24 February

1965 A

April 25

1965

British Antarctic Territory

24 February

1965 A

April 25

1965

Russia

4 September

1991 A

May 31

1992

Saint Kitts and Nevis

26 February

1994 A

14 December

1994

San Marino

26 May

1994 A

13 February

1995

Saint Vincent and the Grenadines

2 May

2002 S

April 25

1965

Saint Lucia

5 December

2001 A

7 April

2002

Samoa

January 18

1999 A

13 September

1999

Sao Tome and Principe

19 December

2007 A

13 September

2008

Serbia

April 26

2001 S

24 January

1965

Seychelles

9 June

1978 A

March 31

1979

Slovakia

6 June

2001 A

18 February

2002

Slovenia

8 June

1992 S

25 June

1991

Sweden

2 March

1999

1 Er May

1999

Switzerland

10 January

1973

March 11

1973

Suriname

11 November

1976 S

25 November

1975

Swaziland

17 July

1978 S

September 6

1968

Tonga *

28 October

1971 S

4 June

1970

Trinidad and Tobago

28 October

1999 A

July 14

2000

Turkey

July 31

1985

29 September

1985

Ukraine

2 April

2003 A

22 December

2003

Uruguay

February 9

2012 A

14 October

2012

Vanuatu

1 Er August

2008 S

July 30

1980

Venezuela

1 Er July

1998 A

March 16

1999

*
Reservations and declarations.
Reservations and declarations are not published in the RO. The texts in English and French can be consulted at the Internet site of the Hague Conference: http://hcch.e-vision.nl/index_fr.php or obtained from the Directorate of International Public Law (DDIP), International Treaty Section, 3003 Berne.
A
The accession of Albania has not been accepted by Germany, Belgium, Spain and Greece.
B
The accession of Azerbaijan has not been accepted by Germany.
C
The accession of Burundi has not been accepted by Germany, Austria, Poland and the Czech Republic.
D
From 25 April 1965 to 30 June 1997, the Convention was applicable to Hong Kong on the basis of a declaration of territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 12 June 1985, the Convention is also applicable to the Hong Kong SAR from 1 Er July 1997.
E
From 4 February 1969 to 19 December 1999, the Convention was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From 20 December 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. According to a statement by the People's Republic of China of Dec. 10. 1999, the Convention is applicable to the Macao Special Administrative Region (SAR) from 20 Dec. 1999.
F
The Convention does not apply to the Groeland or the Faroe Islands.
G
This country has become independent. No statement was made on the maintenance of the Convention. Date of independence: British Guiana became the Republic of Guyana (26 May 1966); the British Solomon Islands became the Solomon Islands (7 July 1978); the Gilbert and Ellice Islands became Kiribati (12 July) 1979) and Tuvalu (1 Er Oct. 1978); the New Hebrides became the Republic of Vanuatu (30 July 1980); Saint Lucia (22 February 1979); Southern Rhodesia became the Republic of Zimbabwe (18 April 1980).
H
The accession of Georgia was not accepted by Greece.
I
India's accession was not accepted by Germany.
J
The accession of Kyrgyzstan was not accepted by Belgium, Germany, Austria and Greece.
K
The accession of Liberia was not accepted by Germany and Belgium.
L
The accession of Moldova was not accepted by Germany.
M
The accession of Mongolia was not accepted by Germany, Austria, Belgium, Finland and Greece.
N
The accession of Uzbekistan was not accepted by Belgium, Germany, Austria and Greece.
O
The accession of Paraguay was not accepted by Germany.
P
The accession of Peru was not accepted by Greece.
Q
The accession of the Dominican Republic has not been accepted by Germany, Austria, Belgium and the Netherlands.

R The accession of Gibraltar was not accepted by Spain.


RO 1973 354, 1982 155, 2003 2401, 2008 85, 2009 1657


1 Art. 1 al. 1 of the AF of 27 April 1972 (RO 1973 346)
2 RO 1973 352, 1976 477, 1977 765, 1978 210 1718, 1980 669, 1982 154, 1983 1175, 1986 175, 1987 317, 1988 1177, 1993 973, 1998 2318, 2003 2401, 2006 619, 2007 3345, 2010 4609, 2010 783, 2011 4609 , 2013 1235, 2015 2121. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on June 11, 2015