Lots
of apostilles for the dossier... The time does actually come and it is very exciting!
It may be that the Hague Legalization Convention about which I wrote last month can be implemented by administrative action to create a system to issue and keep a register
of apostilles.
For the first time, verification
of apostilles may become practicable.
Though the Convention refers to card indexes as well as registers, the latter — media - neutral — term is now preferred for the official record
of apostilles issued.
To prevent fishing expeditions and breaches of the privacy of people who have received apostilles, registrars insist that they be given the exact number and date
of apostilles before confirming them.
The Hague Conference has been doing a lot of work on electronic apostilles too, with some success, especially for the registry
of apostilles that can be readily verified from the country of destination.
An electronic version promises much easier use and is likely to change the practice
of apostille - based authentication as a result.
Presumably serving as a commissioner for an affidavit is an even stronger case in the same sense, as the document is a public document (within the meaning
of the Apostille Convention anyway — not sure the term has much sense in a common law jurisdiction otherwise), and the commissioner is supposed to identify the signer with some certainty and understand the oath, declaration or affirmation to be genuine and unforced.
Perhaps — but such access could occur with the paper - based registers that the Convention has always required
of apostille issuers.
In short, the security
of an apostille on paper varies.)
The holder
of the apostille will have it from someone who wants the holder to use the document to which the apostille is affixed in the interests of that person and thus who does not mind that the holder has his or her personal information in the document.
Now, my understanding is that governments operating «brick & mortar» registries are notified whenever a foreign entity checks in to verify the authenticity
of an apostille that appears at their doorstep.
In any case, concerns over increasing secondary uses of personal information by our gov (let alone other govs) is by no means a concern unique to e-apps and, perhaps, it is one that is more salient with respect to other forms of online interactions that may yield perhaps richer forms of data (although I can see the tracking
of apostille use easily becoming a component of international terrorism investigations, particularly if their use becomes more commonplace).
Each competent authority is bound to create a register or card index to record the number, date, signer and capacity of signer
of each apostille issued.
A special meeting convened by The Hague Conference in 2009 expressly recommended that competent authorities add a disclaimer, «outside the box» of the prescribed form
of apostille, pointing out that the apostille certifies only the signature and capacity of the signer of the public document, and says nothing about the content of the underlying document.
The number
of the apostille is a kind of unique identifier, so both methods of e-sealing described above are in operation.
(The form
of the apostille is annexed to the Convention.)
Not exact matches
MANCHESTER dating Middlesbrough singles Polands missions abroad Entering Poland VISA Customs information Travel advice for EU citizens Certification
of documents -
Apostille Visiting Poland.
An
apostille seal is a certificate or stamp issued by our Department
of Foreign Affairs.
Instead, people here have to accept an
apostille under the Convention as sufficient authentication
of the documents in question.
Presumably, however, they can be persuaded to accept an
apostille from a Convention state in the place
of legalization.
It matters because if Canada becomes a party to the Hague
Apostille Convention (known formally as the Convention on the abolition
of all forms
of legalization), then it will be contrary to the Convention for anyone in Canada to ask for legalization.
The Canadian Bar Association has urged the federal, provincial and territorial governments
of Canada to do what is needed to ratify the
Apostille Convention.
Since Canada is considering acceding to this Convention, this column will review some
of the issues involved in that process and in particular the technological frontiers
of authentication that The Hague Conference on Private International Law is exploring with respect to electronic
apostilles.
The electronic
apostille (and register): Under the Hague Conference on Private International Law's Convention on the Abolition
of All Forms
of Legalization, member states may authenticate public documents for use in other member states by use
of a certificate called an
apostille.
The Hague Conference has been working (with the National Notary Association in the US) to develop a system
of electronic
apostilles, and a few countries have started producing them.
This reduces the risk
of inappropriate discovery
of personal information in the public document underlying the
apostille.
Some US states now allow for electronic notarization, and electronic
apostilles, which are the equivalent
of notarial seals for some purposes, are becoming used more broadly.
There is a bit
of interest in the
Apostille Convention across the country.
However, some private — and some not terribly reputable — institutions encourage their students to have a notary make a certified true copy
of their diplomas, which can then bear an
apostille for the notarial signature.
I am also aware
of preliminary developments
of electronic
apostilles (certificates
of authenticity under the Hague
Apostille / Legalization Convention), though they are not widespread yet, and the technology will not exist in every... [more]
The Hague Conference has been collaborating for several years with the National Notary Association (NNA) in the United States on the creation and use
of an electronic
apostille.
The Hague Conference on Private International Law has been promoting electronic certificates
of authenticity (
apostilles) under its
Apostille (Legalization) Convention.
This could be done for a public document that was never printed, or for a scanned version
of the electronic document (though the competent authority might well insist on seeing the original paper version, if there was one, before putting his or her
apostille on an electronic version
of it.)
The challenge is to have the widespread
apostille system go electronic while maintaining its half - century
of trust.
This way, someone asking about one
apostille can not readily guess the numbers
of others to ask for.
It seems likely that Canada would move to an e-register from the outset, but the challenges
of the e-app may lead it to start with
apostilles on paper.
Adopting the Convention would also eliminate today's frequent duplication
of provincial and federal authentication; any single
apostille will suffice under the Convention.
In practice, no one checks up on the signatures
of the competent authorities on the
apostilles.
In principle the prospective user
of an apostillized document in the destination state can check with the issuing register to confirm that an
apostille was indeed issued for a particular document.
(Second regional meeting
of the e-APP for Europe project, May 27, 2011, slide 18, followed by examples from the registers» websites) They range from a simple confirmation that the
apostille referred to was issued, to a description
of the underlying document, to a copy
of the underlying document, to the validation
of the digital signature on the document.
The
apostille number becomes a kind
of unique identifier
of the document, referring back to a secure database by which the issuance can be confirmed.
In recent years the Hague Conference has been advocating the use
of electronic
apostilles.
Different techniques for the e-
apostille are being used or developed in different member states
of the Convention, and they may use different approaches to creating the seal on the
apostille.
That said, it is not clear on the face
of the Convention or in the supporting documents whether a state that received an electronic
apostille could refuse to give it legal effect because
of concerns about the security
of the method by which it was signed.
Other member states
of the Convention (there are over 100
of them) accept the
apostille as proof
of the signature and seal.
The Hague Conference's
Apostille Convention provides a method
of authenticating seals (and signatures) on public documents to facilitate use
of those documents internationally.
Authentications are often called «legalizations,» sometimes «incumbencies» or «certifications»; an
apostille is a form
of authentication appropriate to countries which have consented to be bound by the 1961 Hague Convention Abolishing the Requirement
of Legalization for Foreign Public Documents.
This was the first successful vote utilizing the NEM Voting Module and the 3rd approval given after the previous projects CryptoApex and
Apostille in the history
of NEM Community Fund voting.
A completed
Apostille must be attached to the documents needed for Hague cases; it provides a certification
of certain public and notarized documents.