THESE DOCUMENTS ARE WRITTEN AND PERIODICALLY UPDATED BY U.S. GOVERNMENT ATTORNEYS, AS TIME AND

RESOURCES PERMIT.  PLEASE NOTE THE DATE INDICATED AT THE END OF THE DOCUMENT YOU RETRIEVE AND BE ADVISED

THAT THE INFORMATION CONTAINED THEREIN IS CURRENT UP TO THAT DATE.

THE APOSTILLE:    AUTHENTICATION OF OFFICIAL U.S. DOCUMENTS

     FOR USE IN FOREIGN JURISDICTIONS

Foreign countries often require "official" documents to be "authenticated" before such documents will be accepted in the foreign jurisdiction. An "authentication" is a governmental act by which a designated public official certifies to the genuineness of the signature and seal and the position of the official who has executed, issued, or certified a copy of a document.

In 1981, the Convention Abolishing the Requirement of Legalization for Foreign Public Documents entered into force in the United States. Under the Convention, signatory countries (including the United States) agreed to mutually recognize each other's "public documents" so long as such documents are authenticated by an apostille, a form of internationally recognized notarization. The apostille ensures that public documents issued in one signatory country will be recognized as valid in another signatory country.

The apostille, which is a French term for "certification", is issued by a designated government official of the country (or sub-national government unit) that issued the document to be authenticated. The sole function of the apostille is to certify the authenticity of the signature on the document in question; the capacity in which the person signing the document acted; and the identity of any stamp or seal affixed to the document. The apostille either must be attached as an annex to the official document or placed on the document itself by means of a stamp. The form of the apostille is prescribed in the Convention and is mandatory. (A copy of the form is reproduced.)

For the purposes of the Convention, "public documents" that may be authenticated by an apostille include documents issued by judicial authorities, including those emanating from public prosecutors, court clerks, and process servers; administrative documents; and official certificates affixed to documents signed by persons in their private capacity, such as official certificates recording the registration of a document, notarial authentications of signatures, etc. Documents executed by diplomatic or consular agents, or administrative documents relating to commercial or customs operations, may not be authenticated by an apostille.

Authorities in the United States that are competent to issue apostilles include the Authentication Office of the U.S. Department of State; clerks of U.S. federal courts; and secretaries of state for most U.S. states (for Alaska, Hawaii, and Utah:  the Office of the Lieutenant Governor). Diplomatic and consular officials at U.S. embassies, consulates, or missions may issue apostilles in certain circumstances when requested by a foreign governmental authority.

MODEL APOSTILLE

APOSTILLE

(Convention de La Haye du 5 octobre 1961)

1. Country : _____________________________________________

This public document

2. has been signed by _____________________________________

3. acting in the capacity of _________________________________

4. bears the seal/stamp of __________________________________

Certified

5. at ___________________________ 6. the __________________

7. by ____________________________________________________

8. No. ___________________________________________________

9. Seal/Stamp:

10. Signature:

_____________________________________________________________

For additional information, contact the Authentication Office of the U.S. Department of State (202-647-5002), the Clerk of the nearest U.S. Federal Court, or the Office of the Secretary of State in your state capital.

Department of Commerce Contact:

Adam Bobrow

Attorney-Advisor

Office of the Chief Counsel for International Commerce

U.S. Department of Commerce

Tel: 202-482-0937

Fax: 202-482-4076

E-mail: occic@doc.gov

February 1994

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