On March 9, 2023, Pakistan officially became the 123rd member to accede to the Convention Abolishing the Requirements of Legalization for Foreign Public Documents, commonly referred to as the “Apostille Convention” or the “Hague Convention”.
The Apostille Convention was established in 1961 to simplify the use of public documents abroad. It abolishes the traditional, often lengthy, requirement of legalization of public documents, replacing it with a one-step attestation process through the issuance of a single Apostille certificate by a competent authority.
After accession to the Apostille Convention, the new process will allow documents originating in Pakistan, such as educational certificates birth certificates, and other public documents legalized according to the treaty's requirements, to be accepted in all the member countries of the Apostille Convention. It will also allow documents similarly processed and originating from other member countries of the Apostille Convention to be accepted in Pakistan.
It will also allow for a decrease in procedural formalities for persons who need to produce public documents overseas in the course of their cross-border activities. The process under the Apostille Convention minimizes red tape, costs, and delays, facilitating foreign investment and business while maintaining the integrity of the certification or authentication.
The Process Of Legalization
Legalization is the process of authenticating or certifying a document so it can be accepted in another country. The legalization procedure generally consists of a chain of certifications by one or more authorities of the country of origin of the document and of the destination country. The first authority certifies the issuer of the document, and each subsequent authority certifies the previous one until the final certification is made by an authority of the destination country that can be recognized by the final user there.
In the case of public documents issued by authorities in Pakistan, the procedure for legalization consists of at least two steps:
- the document is verified and stamped by the Ministry of Foreign Affairs of Pakistan, denoting that the document has been duly issued by the competent authority in Pakistan and
- such document is thereafter legalized by the Embassy or Consulate of the foreign country in Pakistan by affixing a stamp.
After accession to the Apostille Convention, the current regime in Pakistan, with cumbersome requirements and lengthy procedures, is replaced with a much more simplified process whereby a document will be recognized as legalized and suitable for tendering in the destination member country if it is marked with an apostille by the official authority of the originating country.
Principles outlining the scope of the Apostille Convention
Exemption From Legalization
Article 2 of the Apostille Convention provides that member states of the Apostille Convention shall be exempt from the legalization of such documents to which the Convention applies and which have to be produced in its territory.
Public Documents
The Apostille Convention applies only to “public documents”. This means that any kind of private contract is not included in the scope of the Apostille Convention. For example, a private contract between two individuals cannot be marked with an Apostille.
Article 1 of the Apostille Convention provides a non-exhaustive list of public documents. Ordinarily, these public documents may relate to birth, marriage, death, education, certificates issued by regulatory authorities, judicial documents, official certificates that are placed on documents signed by persons in their private capacity and other notarial acts.
The following documents, as enlisted under Article 1, are deemed public documents. Article 1 reads as:
For the purposes of the present Convention, the following are deemed to be public documents:
- Documents emanating from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court or a process-server ("huissier de justice");
- Administrative documents;
- Notarial acts;
- Official certificates, which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.
However, the following documents are specifically excluded from the definition of public documents under Article 1:
- To documents executed by diplomatic or consular agents;
- To administrative documents dealing directly with commercial or customs operations.
Competent Authority
Article 6 of the Apostille Convention provides that each member state of the Apostille Convention is required to designate one or more authorities competent to issue an apostille. The authority, however, is required to satisfy itself of the authenticity of the signature, the bonafide of the document and the authenticity of the seal or stamp if it bears such seal. The authority is also required to maintain a record of the apostilles issued by it.
Records Of Apostilles Issued
Article 7 of the Apostille Convention makes provision for a register or card index of apostilles issued in the originating country to allow for verification by the receiving country. The record certificates shall specify; (a) the number and date of the certificate and (b) the name of the person signing the public document and the capacity in which he has acted, or in the case of unsigned documents, the name of the authority which has affixed the seal or stamp.
This register may also be in the form of an e-register, allowing the destination country to verify an apostille online without contacting the competent authority of the originating country.
