A Historical Overview of the Apostille System
The Convention of 5 October 1961 Abolishing the Requirement of Legislation for Foreign Public Documents is an international treaty that simplified the process of authenticating foreign documents. This treaty, also known as the Apostille Convention, and drafted by the Hague Conference on Private International Law (HCCH), created a standardized certificate known as apostille. The apostille is an international certification comparable to a notarisation and is recognized as legally binding in every country that has signed the treaty. The word "apostille" comes from the French word for "certification." This system is designed to provide a simpler way to approach document legalization, and has made it much easier for businesses and individuals to maneuver through the intricacy of international law. This apostille system has been adopted by many countries around the world, greatly simplifying paperwork between countries.
What Is Document Apostille and Authentication?
An apostille is simply a certificate issued by a government agency confirming the authenticity of a document. This is typically done by the Secretary of State's office. An apostille certifies the authenticity of the signature and seal of a notary public or public official. This allows the document to be accepted in another country, specifically those countries who are on the 1961 Hague Convention list. The apostille is then attached to the original document to certify it is authentic so it will be accepted by one of the other countries who are members of the Hague Apostille Convention.
If the country to which the document is going is not a member of the Hague Apostille Convention the document legalization may be more complicated. For example, to be accepted in Thailand, a document from a U.S state not issued by a government official must be certified by a notary public, who must then be certified by the clerk of the circuit court in the notary's county, who must be certified by the state of Maryland, which must be certified by the U.S. Department of State, which must finally be certified by the Embassy of Thailand in the United States. Additionally, In some countries, an additional certification by the Ministry of Foreign Affairs of the destination country is also required. However, not all countries require the legalization of foreign documents. For example, Canada, Japan, South Africa, the Untied Kingdom and the United States generally accept documents from any country without certification.
What Types of State/County Issued Documents Need an Apostille
The types of documents that need an apostille vary widely. State/county issued documents can include, but are not limited to -
Birth certificates
Marriage certificates
Divorce degrees
Death certificates
Home study
Diplomas
Transcripts
Degrees
Power of attorney
Income verification
Police clearance certificates
Court orders
Affidavits
Contracts
Licenses
Articles of Incorporation
Apostille Requirements for State/County Issued Documents
There are a few things required to get an apostille for a state/county issued document. The request for an apostille in Virginia is submitted in writing to the Secretary of State's office and should contain the following -
A cover letter, provided by the Secretary of state's office. It is important that this is filled out correctly.
The original document, including the Notary's completed notarial certificate
The final destination of the document
The required fee - in Virginia this is $10 per document (not per page)
Apostille Processing Time for State/County Issued Documents
Documents can be mailed to the Secretary of state's office. Include a pre-paid, self-addressed shipping label to have the documents returned by regular mail or a courier service. Documents submitted without a return envelope and/or postage will be returned by the United States Postal Service regular delivery, without tracking, to the person submitting the documents. If the return postage exceeds $2 in mailing fees, the Office of the Secretary of the Commomwealth may contact the requestor to obtain postage prior to returning the documents. The Office of the Secretary of the Commonwealth is not responsible for envelopes or packages lost in shipping to and from their office.
Note - much of this section was taken from the Office of the Secretary of the Commonwealth's website.
Appointments are also offered. There is a scheduling link on the website where available times are shown. Most documents can be processed on the same day as long they are properly issued and notarized if necessary. A valid, government issued ID is required for all adults entering the building. The office is in Richmond, VA and as of this writing appointments are available about two weeks out.
What Types of Federally Issued Documents Need an Apostille
Federally issued documents are typically signed by
American Consular Officer
Foreign Consul Diplomatic Official registered with the State Department Office of Protocol
Judge Advocate
Military Notary
U.S. Federal Officer
Examples of federally issued documents requiring an Apostille include but are not limited to-
Animal/Plant Certification ( U.S. Department of Agriculture)
Animal Health Certifications (U.S. Department of Agriculture)
FBI - Background Check (U.S. Department of Justice)
U.S. Federal Court Documents (U.S. Department of Justice)
U.S. Bankruptcy Court Documents (U.S. Department of Justice)
Petition for Name Change (U.S. Department of Justice)
Immigration Certifications (U.S. Department of Homeland Security)
Certificate of Foreign Governments (U.S. Department of Health and Human Services)
Certificate of Pharmaceutical/Export(U.S. Department of Health and Human Services)
Trademark (U.S. Patent and Trademark Office)
Certificate of Naturalization (U.S. Department of Homeland Security)
Certification of Nonexistence of Record (U.S. Department of Homeland Security)
Income and Benefits Letter (Social Security Administration)
Form 6166 Apostille (Internal Revenue Service)
Federal Tax Return Apostille (Internal Revenue Service)
W2 (Internal Revenue Service)
Certificate of Free Sale/Alcohol and Tobacco Tax and Trade Bureau (US Department of Treasury)
Apostille Requirements for Federally Issued Documents
If the apostille is completed by mail, include the following -
A check or money order for the cost of $8 per document. The check may be a personal or business check. Checks and money orders must be made out to the "U.S. Department of State."
The Completed Request of Authentications Service (DS-4194) form. Be sure to specify the document's country of use in Section r because the document will not be processed without this information.
The documents to be apostilled
A self-addressed, pre-paid envelope for the return of the completed document(s); FedEx (do not use FedEx Ground or FedEx Home), UPS, and Certified Mail are accepted methods for sending/returning documents.
There is an option to deliver documents to be apostilled in person at the walk-in counter. However, if you use this option, you will leave the documents to be processed and pick them up at a later date. There are very limited hours for drop-off and pick-up - Monday through Friday, 8:00AM - 9:00AM. When you drop your documents off you will receive a document receipt and a pick-up date. To claim your documents you must return between 8:00AM and 9:00AM on that pick-up date. This process normally takes about three business days.
You must include the following in your drop-off submission -
Completed Request of Authentications Service (DS-4194) form. Once again, be sure to specify the document's country of use in Section 4 because the document will not be processed without this information.
The documents to be apostilled. There is a limit of fifteen documents per submission and one submission for drop-off services per day.
At pick up you must have -
A check, money order, cash, or credit card for the exact total cost of the apostilled document(s). The cost is $8 per document. The check may be a personal or business check and money orders must be made out to the "U.S. Department of State." cash is accepted when picking up completed documents and the exact amount is required. Credit card payments via Visa, MasterCard, Discover and American Express are accepted. A photo ID must be presented when using a credit card.
The original document receipt/pick-up slip received at drop-off
If there is an urgent or emergency reason for expediting your document request, you can schedule an appointment with the Authentication Office in advance by phone at 202-485-8000. The appointment must be scheduled in advance, walk-ins are not accepted. There is a limit of one appointment per day and you must appear in person at the Office of Authentications at the specified time of your scheduled appointment. in the event of a life-or-death emergency case (such a serious illness, injury or death of individual or family member) or for other serious urgent/emergency reasons for expediting the request you may have someone else schedule and appear at the appointment. These appointments are held between 10:00AM - 1:00PM and 2:00PM - 2:30PM., Monday through Friday at the U.S. Department of State's physical location.
At your appointment you should have -
A check, money order, cash or credit card for exact total cost of $8 per apostilled document(s). The check may be a personal or business check; checks and money orders must be made out to the "U.S. Department of State." Cash is accepted when picking up the documents but the exact amount is required. Credit card payments are also accepted. Visa, Mastercard, Discover, and American Express are all accepted. A photo ID must be presented when using a credit card.
Completed Request of Authentications Service (DS-4194) form - be sure to specify the document's country of use in Section 4; the document will not be processed without this information.
The documents to be apostilled or authenticated
Who Needs an Apostille?
Apostilles are important for people and groups involved in international activities. Anyone who seeks to work, live, study, get married, or conduct business in another country may need documents apostilled. Students may need diplomas and transcripts apostilled to study in another country. Businesses involved in international trade and transactions often need certifcats, contracts and powers of attorney apostilled to conduct business in the countries they do business with. Individuals who work abroad may need degrees and licenses apostilled to satisfy employers and local regulations. And if a couple wants to get married in another country, or for international adoptions, there are often documents that need an apostille as well.
How a Notary Public Can Help
An Apostille agent helps customers obtain apostilles or authentications. Often an apostille agent is also a notary, which is convenient since there are frequently documents that must be notarized. However the notary does not issue apostilles nor does the notary attach them to the document; this is the job of the state agency authorized to issue apostilles. An Apostille Agent can help navigate the complexities of obtaining apostilles or authentication certifications for documents. A good apostille agent is familiar with the rules and regulations surrounding document authentication. Notaries have already had background checks and their commission from the state provides them with a level of credibility. However, be aware of so-called "apostille certified agents." There is no such thing. Anyone can become an apostille agent - there is no certification process to become one. An honest and ethical apostille agent will not claim credentials that do not exist.
If you need an apostille agent to help you navigate the complexities of obtaining a document Apostille or authentication please feel free to contact me at -
By phone - 540-430-1388
By email - r.burkholder@yahoo.com
Online -Book Online
Hague Country List
A - Albania; Andora; Antigua and Barbuda; Argentina; Armenia; Australia; Austria; Azerbaijan;
B - Bahamas; Bahrain; Barbados; Belarus; Belgium; Belize; Bolivia; Bosnia and Herzegovina; Botswana; Brazil; Brunei Durussalam; Bulgaria; Burundi
C - Cape Verdi; Chili; China (Hong Kong); China (Macao); Columbia; Cook Islands; Costa Rica; Croatia; Cyprus; Czech Republic
D - Denmark; Dominica; Dominican Republic
E - Ecuador; El Salvador; Estonia
F - Fiji; Finland; France
G - Georgia; Germany; Greece; Grenada; Guatemala
H - Honduras; Hong Kong; Hungary
I - Iceland; India; Ireland; Israel; Italy
J - Japan
K - Kazakhstan; Korea; Kosovo; Republic of Kyrgyzstan
L - Latvia; Lesotho; Liberia; Liechtenstein; Lithuania; Luxembourg
M - Macao (China); Macedonia (FYR of); Malawi; Malta; Marshall Islands; Mauritius; Mexico; Monaco; Mongolia; Montenegro; Morocco
N - Namibia; Netherlands; New Zealand; Nicaragua; Niue; Norway
O - Oman
P - Panama; Paraguay; Peru; The Philippines; Poland; Portugal
R - Republic of Moldova; Romania; Russian Federation
S - Saint Kitts and Nevis; Saint Lucia; Saint Vincent and the Grenadines; Samoa; San Marino; Sao Tome and The Principe; Serbia; Seychelles; Slovakia; Slovenia; South Africa; Spain; Suriname; Swaziland; Sweden; Switzerland
T - Tajikistan; The former Yugoslav Republic of Macedonia; Tonga; Trinidad and Tobago; Tunisia; Turkey
U - Ukraine; United Kingdom of Great Britain and Northern Ireland (UK); Uruguay; United States of America (US); Uzbekistan
V - Venuatu; Venezuela
Non Hague Countries
A - Afghanistan; Algeria; Angola
B - Bangladesh; Benin; Burkina Faso; Burma, also known as Myanmar
C - Cambodia; Cameroon; Canada; Congo Democratic; Congo Republic; Cuba
E - Egypt; Eritrea; Ethiopia;
G - Ghana; Guinea
H - Haiti
I - Iran; Iraq; Ivory Coast
J - Jamaica; Jordan
K - Kenya; Kuwait
L - Laos; Lebanon; Libya
M - Madagascar; Malaysia; Mali; Mauritania; Mozambique
N - Nepal; Niger; Nigeria
P - Pakistan; Palestine
Q - Qatar
R - Rwanda
S - Saudi Arabia; Senegal; Sierra Leone; Singapore; Sri Lanka; Sudan; Syria
T - Taiwan; Tanzania; Thailand; Togo; Turkmenistan
U - Uganda; United Arab Emirates
V - Vietnam
Y - Yemen
Z - Zambia; Zimbabwe
If you or someone you know needs apostille services, please feel free to contact me at 540-430-1388 or r.burkholder@yahoo.com
Note: This blog post was originally posted on my former Notary Blog - Notary Solutions Plus on February 19, 2024
To learn more about why I write, and why I share my life here, please read this post - Uniquely You, For a Purpose.
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