Accession to the Hague Convention on Abolishment of Legalisation for Foreign Public Documents

Notification of the Ministry of Foreign Affairs of the Slovak Republic No. 213/2002 Coll. on adopting the Convention abolishing the Requirement of Legalisation for Foreign Public Documents

Accession of the Slovak Republic to the Convention abolishing the Requirement of Legalisation for Foreign Public Documents dated 1961 (the ``Convention'') represents a significant development in the area of the use of foreign public documents in the territory of the Slovak Republic, as well as the use of the Slovak documents in foreign countries.

The Convention applies to public documents which have been executed in the territory of one contracting state and which have to be produced in the territory of another contracting state. For the purposes of the Convention, the following are deemed to be public documents:

a)

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''),

b)

administrative documents,

c)

notarial acts,

d)

official certifications 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.

The Convention shall not apply to:

a)

documents executed by diplomatic or consular agents,

b)

administrative documents dealing directly with commercial or customs operations.

Pursuant to previously valid regulation, in case of relations with the countries with which the Slovak Republic has not entered into the relevant bilateral agreement on recognition of documents it was necessary to obtain legalisation. Legalisation is regulated in Sec. 62 of the Act No. 97/1963 Coll. on International Private and Procedural Law and it will be further required in relations with the states, which have not acceded to the Convention. According to this previously procedure, it was required that a document, besides legalisation by the respective authorities of the state in which it was issued, also contained legalisation by an authority of the state in which it was to be used.

The procedure under the Convention is simpler. The only formal prerequisite which may be required for the purposes of certifying the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears, is the addition of the certificate issued by the competent authority of the state from which the document emanates, i.e. certificate by the competent authority of the state, in which the document is to be used, is not required.

Prerequisites of such certificate (``Apostille'') are explicitly stipulated by the Convention. It may be drawn up in the official language of the authority which issues it. The pre-print of the certificate may be in a second language as well. The title ``Apostille (Convention de La Haye du 5 octobre 1961)'' must be in the French language.

When the certificate is properly filled in, it will certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which the document bears.

Each contracting state shall designate the authorities, which are competent to issue the certificate, and shall refer to their official function. The Slovak Republic designated the authorities competent to issue the certificates (``Apostille'') as follows:

1.

The Ministry of Justice of the Slovak Republic for:

a)

public documents issued or certified by courts, notaries, executors or other judicial officers;

b)

translations of documents executed by sworn translators;

2.

The Ministry of Interior of the Slovak Republic for public documents emanating from authorities within its competence with the exception of documents for which certificates are issued by the Offices of Regional Administration;

3.

The Ministry of Education of the Slovak Republic for public documents emanating from authorities within its competence;

4.

The Ministry of Health of the Slovak Republic for public documents emanating from authorities within its competence with the exception of documents for which certificates are issued by the Offices of Regional Administration;

5.

The General Headquarters of the Army of the Slovak Republic for public documents emanating from authorities within the competence of the Ministry of Defence of the Slovak Republic;

6.

Offices of Regional Administration for:

a)

documents from the Register of Births, Deaths and Marriages (with the exception of decisions on civil status);

b)

public documents issued by health facilities established by the Office of Regional Administration;

7.

The Ministry of Foreign Affairs of the Slovak Republic for any other public document issued in the Slovak Republic.

The Convention came into force for the Slovak Republic on 18 February 2002.

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