The procedure of Apostilization and Legalization of foreign documents

What apostil is? Where and how to get it?

In accordance with The Hague Convention on the documents executed by the competent authorities of one country and intended for use on the territory of another state, the special stamp (apostille) is to be put. According to Article 5 of the Convention apostille authenticates the signature, the capacity of the person signing the document, and when appropriate, the identity of the seal or stamp which the document bears.

The signature, seal and stamp on the certificate by the competent authority, requires no further certification or legalization, and the document on which the apostille can be used in any of the countries - members of the Hague Convention.

In accordance with the Government of the Republic of Kazakhstan Decree No 545 of April 24, 2001 the following government agencies have the right to endorse apostille:

• The Ministry of Justice of the Republic of Kazakhstan
• Ministry of Education and Science of the Republic of Kazakhstan
• The Ministry of Interior of the Republic of Kazakhstan
• The Committee of Information and Archives of the Ministry of Culture and Information of the Republic of Kazakhstan
• The Committee on Court Administration of the Supreme Court of the Republic of Kazakhstan
• The Ministry of Finance of the Republic of Kazakhstan
• The General Prosecutor's Office of the Republic of Kazakhstan
• The Ministry of Defense of the Republic of Kazakhstan
• The National Security Committee of the Republic of Kazakhstan

How to differentiate whether I need an apostille or consular legalization?

If the country, in which the document is to be used, is a party to The Hague Convention of 1961 then you will need a stamp “Apostille”. Otherwise - consular legalization.

In any case, the most important source of reliable information is the organization to which legalized document to be submitted as sometimes even different organs of the state have different requirements for legalization of foreign documents. So you need to specify the requirements for legalization where you are going to apply a legalized document.

What is an apostille?

Stamping “apostil” (sometimes this procedure is also called "simplified legalization" or "Apostille") is used to send a document to the countries that joined the Hague Convention of the 5th October, 1961 Abolishing the Requirement of consular legalization and introducing a simplified procedure of legalization - stamping "apostille. "

Simplified this procedure is called because, on the one hand, the apostille is fast enough and involves the only one authorized body, and, on the other hand, the document becomes valid in all countries that have acceded to the Hague Convention.

If the country in which you are preparing a document is not a party to The Hague Convention, a consular legalization is required. This is a more complicated procedure, including the identity of the document in the Ministry of Justice of the Republic of Kazakhstan, the organs of the MFA, and then to the consulate of the country of destination in the Republic of Kazakhstan. In this case, the document will be valid only in the territory of the country in which the consulate mark on it is worth.

Also the choice of the legalization procedure may be based on the type of document, as there are many documents which are not subject to any consular legalization or apostille. This applies mainly to commercial documents: contracts, invoices, bills of lading, and various documents of title and other documents related to foreign trade activities, and for them there is a separate procedure - legalization of the document in the Chamber of Commerce of the Republic of Kazakhstan (most recently part of the National Economic Chamber Kazakhstan "Atameken"), and then at the consulate of the destination country.

According to the 1961 Hague Convention, Apostille has a square  shape with a side of not less than 9 cm and should be the model annexed to the Convention.

The text of the apostille must contain the following details:

• The name of the State issuing an apostille
• Name of the person signing the document certifies the Apostille
• Title of the person signing the document certifies the Apostille
• Name of the institution, the seal/stamp is affixed to the document certifying the Apostille
• The name of the city where apostille
• The date of the certificate
• The name of the apostille body
• The number of apostille
• Seal/stamp of the apostille
• Signature of the officer

Apostille can be made up in one of the official languages ​​of the Convention (French or English), and the national language of the state apostille. In practice, the inscription on the certificate are often duplicated in two languages ​​(one of the languages ​​of the Convention and national).

Title “Apostille (Convention de la Haye du 5 octobre 1961)" shall be given in French.

According to the Convention, Apostille can be placed on the document itself or on a separate sheet attached to the document.

In practice in different countries use different methods of the certificate: rubber stamp, glue, (colored) ribbon, wax printing, relief printing, self-adhesive stickers, etc., as well as an appendix to the document, which is carried out by means of adhesive mounting rings, clips, etc.

States which have acceded to the Hague Convention, which abolished mandatory consular legalization and introduced simplified legalization by the stamp "Apostille"

* - Including Jersey City, Beyliuik, Guernsey, Gibraltar, Isle of Man, Montserrat, Bermuda, Saint Helena (Netherlands Antilles), New Hebrides Islands Turks And Caicos Islands, the Cayman Islands, the Virgin Islands, Falkland Islands.

** - Only in Hong Kong and Macau.

About consular legalization

Terms of consular legalization

Consular legalization (hereinafter - the legalization) is to test the relevance of documents to the current legislation of the host State and represents the identification and authentication of signatures and seals of the official on such documents for the purpose of using them in another state. This procedure is governed by the Rules of consular legalization, approved by Order of the Minister of Foreign Affairs of the Republic of Kazakhstan № 264 dated November 21, 2000
Abroad functions performed by legalization Overseas Republic of Kazakhstan.
On the territory of the Republic of Kazakhstan - the Department of Consular Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan ( hereinafter - the Department ).
Department legalizes documents and acts emanating from foreign organizations and institutions, if they are pre- legalized in the foreign office of a foreign country of origin of the documents as well as documents and acts emanating from organizations and institutions of the Republic of Kazakhstan and intended for presentation abroad.

Requirements for documents to be legalized

The documents submitted for legalization as in the original and in the notarized copies. If the legalization of a foreign diplomatic mission or foreign office is due to the representation of translations of documents from the state or Russian language into a foreign language, the legalization of the notarized document to the Department can be accomplished along with his translations.
Also, the documents must contain details, the presence of which is mandatory (number, date, signature, stamp), committed without erasures or additions, they are not permitted crossed out words and other unspecified corrections, they should not be executed in pencil. The text of the document must be clear and precise, and the signatures of officials and seal contained in the documents distinct. In the document, the amount of which exceeds one page, which lists must be bound, numbered and sealed.

The procedure of legalization of documents

Legalization of documents produced four days a week (Monday, Tuesday, Thursday and Friday). Reception of documents is carried out from 10:00 to 12:00 hours and delivery of documents is from 16:00 to 17:00 hours.
Reception and delivery of documents is carried out in sequence, without an appointment, and faster service.
Terms of legalization of documents is 3 working days after the submission of proper documentation. If the document is in doubt or need more information, do so request. After receiving the required information and the examination by the documents can be legalized.

For the legalization of documents the applicant provides to the Ministry of Foreign Affairs of the Republic of Kazakhstan the following documents:

1. Application;
2. Identity document (if the documents are submitted by another person, a notarized power of attorney for filing on behalf of the applicant), and for legal entities - and the power of attorney to represent the interests of the legal entity ;
3. Document ( together with a copy ) issued by the participation of the official authorities of the foreign state and intended for use in the Republic of Kazakhstan ;
4. Document ( together with a copy ) issued by the Kazakh organizations and institutions to be used in a foreign country ;
5. Receipt of payment of the state fee.
Legalization is paid. Payment is made through the banking institutions of the Republic of Kazakhstan, which issued the document (receipt ) confirming the amount and date of payment ( details).
 

The following countries have joined the Hague Convention of 1961:
Albania, Andorra, Antigua and Barbuda, Argentina, the Republic of Armenia, Australia, the Republic of Austria, Azerbaijan, Bahamas, Republic of Barbados, Belarus, Belgium, Belize, Bosnia and Herzegovina, the Republic of Botswana, Brunei, Bulgaria, China The People's Republic of China ( province Hong Kong, Macao), the Republic of Colombia, Cook Islands, Croatia, Cyprus, Czech Republic, Dominica, the Republic of Ecuador, the Republic of El Salvador, Republic of Estonia, Sovereign Democratic Republic of Fiji, the Republic of Finland, the French Republic, the Federal Republic Germany, Niue ( an autonomous state associated in New Zealand), the Hellenic Republic, the Republic of Grenada, Georgia ( not including the Autonomous Republic of Abkhazia and the former Autonomous District of South Ossetia), the Republic of Honduras, the Republic of Hungary, the Republic of Iceland, the Republic of India, Republic of Ireland, the State Israel, the Italian Republic, Japan, the Republic of Kazakhstan, the Republic of Latvia, the Kingdom of Lesotho, the Republic of Liberia, Liechtenstein, Lithuania, the Grand Duchy of Luxembourg, the Republic of Macedonia, the Republic of Malawi, the Republic of Malta, Marshall Islands, Mauritius, the United Mexican States, Moldova, Monaco, the Republic of Namibia, the Netherlands, New Zealand, the Kingdom of Norway, the Republic of Panama, the Republic of Poland, the Portuguese Republic, Romania, Russian Federation, San Kit- Navy, San Lucia, San Vincent and the Grenadines, Samoa, San Marino, Serbia and Montenegro, Seychelles, Slovak Republic, the Republic of Slovenia, South Africa, the Kingdom of Spain, the Republic of Suriname, the Kingdom of Swaziland, Sweden, Swiss Confederation, the Kingdom of Tonga, Trinidad and Tobago, the Republic of Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America Republic of Venezuela, Denmark, the Republic of Korea.

The list of countries with which Kazakhstan signed a bilateral agreement abolishing the requirement of legalization

We should pay attention to the fact that many states not party to the Hague Convention, taking to consideration the documents on which the stamp "Apostille". At the same time, some countries do not have the legal force of documents emanating from the newly acceded to the convention participants, even in the presence of a stamp "Apostille". These requirements should be specified directly in the organization where you intend to take the documents.