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AUTHENTICATION
OF DOCUMENTS FOR USE ABROAD
Authentication is a procedure by which the authority of persons who issue or execute documents in one country may be recognized in another country. In most civil law jurisdictions, the process is known as quolegalization". The following paragraphs describe several methods of authentication, which vary depending on the type of document involved. I. Documents executed before U.S. Notaries Public (e.g. affidavits, powers of attorney and deeds.) See part V to determine if the document is for use in a Hague Legalization Convention country. If not, follow the procedure below: A. General Rule: 1. After the document has been executed before a notary public, take it to the clerk of the county court for the county in which the Notary is licensed and ask for a "notarial certificate." This certificate, issued under the seal of the court, stated that the notary was licensed as such on the date the act was performed. (NOTE: Sometimes the county court is known as the district court or the circuit court, or county recorder office as in San Diego county, you should go to San Diego county recorder office. Moreover, one or two states do not require this step. A check by telephone may save a trip to the wrong office.) 2. Send the document, with the notarial certificate attached, to the secretary of state for the state in which the county is located and ask for a certification of the seal of the county clerk. In California, send it to: Secretary of State - Special Filing Unit - PO Box 944225 - Sacramento CA 94244-2250; the fee is $20.00 payable to CA Secretary of State. (Be sure to write the state secretary of state, not the U.S. Secretary of State. The Authentication Office of the U.S. Department of State has no authority to certify to any seal lesser than the great seal of a state or seal of a secretary of state of a state.) 3. Next, send the document to the Authentications Office - Department of State, 2400 M St., N.W Room 101 Washington, D.C. 20520 for authentication of the state's seal. The Department of State charges $4.00 for this service, payable in the form of a check drawn on a U.S bank or money order payable to the Department od State. Walk-in service is available between the hours of 9-11 and 2-4. For more information contact the Authentications Office at (202) 647-7734. 4. Finally, send the document to the embassy of the country in which the document will be used. The embassy will authenticate the seal of the Department of State. The addresses of the various embassies may be found in the Congressional Directory, which is available in most public libraries. The Authentication office (step 3 above) will send the document to the appropriate embassy if a transmittal letter to the embassy, requesting their service, the embassy's fee and a stamped, addressed enveloped is enclosed. Fee vary from embassy to embassy, so telephone the foreign embassy in Washington, D.C. in advance to determine the cost and proper means for payment. 5. Some countries require a further authentication by their ministry of foreign affairs before the document can be used in that country. B. Special procedure in the District of Columbia 1. After the documents has been executed before a D.C. notary, take it to the Notary Office, Room 407, 1111 E St., N.W., Washington, DC, and obtain a notarial certificate. The hours are 8:30 - 3:00. Ask for their formal certificates for foreign use. The charge for this service is $6.00 per certificate. 2. Bring or send the document to the Authentications Office, Department of State, Washington, D.C. 20520 ( on 2400 M St., N.W Room 101 ). The Authentications Office is open daily between 9:00-11:00 and 2:00-4:00, but will authenticate only three documents per customer per day. The fee is $4.00 per document. C. Possible shortcuts: 1. People who live in the greater Washington are should use a D.C notary and follow the procedure described in the preceeding paragraphs. 2. Check with the embassy of the country in which the document will be used to see if some of the chain of authentication can be avoided by a direct authentication of the document by the foreign embassy or authentication by a consular establishment of the foreign country outside of Washington, D.C. Remember that what is needed is only the foreign's consul's authentication on the document for the document to be "self-proving" in the foreign country. If a foreign consul will authenticate the document without the intermediate steps of authentication by, for instance, the state secretary of state and the U.S. Department of State, you will have saved yourself money, time and effort. II. Documents Issued by State Agencies (Including State Courts) Generally, documents issued under the seal of a state agency or state court can be certified by the secretary of state of the state in which the agency is located. The certification by the state secretary of state can then be authenticated by the Authentications Office, Department of State, Washington, D.C. 20520 for $4.00. Authentication by the foreign embassy is usually the last step. Examples: Corporation documents of which the secretary of state is custodian. Birth certificates in which secretary of state may certify directly to the recorder of vital statistics. Death certificates and marriage licenses the recorder of which may be certified directly by the secretary of state. III. Documents Issued by Federal Agencies and Departments: A documents issued and certified under the seal of a federal agency or of one of the executive departments (or a constituent part thereof, e.g. the Patent Office) can be authenticated directly by the Authentications Office, Department of State, Washington, D.C. 20520. Authentication by the foreign embassy is generally the last step. IV. Documents Issued by Federal Courts Documents issued under the seal of a federal court should be sent to Justice Management Division, Security Program Staff, Physical Security Group, Room 6251, Department of Justice, Washington, D.C. 20530 for the preliminary authentication, and then forwarded to the Authentication Office, Department of State, Washington, D.C. The final step is authentication by the embassy of the country in which the document will be used. V. Documents Issued or Executed Aroad for Use in the United States or Issued or Executed in the U.S. for use in a Hague Legalization Country A. Hague Legalization Convention 1. Some country are party to the Hague Convention Abolishing the Requirement of Legislation for Foreign Public Documents. This Convention abolishes the requirement of diplomatic and consular legalization for public documents originating in one Convention country and intended for use in another. The procedure is a simple one which requires only the certification by a central authority in the Convention country with the apostille (certification) prescribed by the Convention. Foreign Central Authorities are listed in the law Digest Volume of Matindale-Hubbell under selected International Concentions. 2. Contact your state secretary of state for the address of the Central Authoriry in your state capable of issuing the Convention apostille on a state document intended for use in another convention country for all documents except federal court documents, for which the Central Authority is the clerk of the federal court system. CONVENTION COUNTRY: Austria, Bahamas, Belgium, Bostwana, Cyprus, Fiji, France, (French Guiana, Guadeloupe, Martinique, Reunion, French Polynesia, New Caledonia, St. Pierre and Miquelon, Wallis and Futuna), Federal Republic of Germany, Hungary, Israel, Italy, Japan, lesotho, Liechtenstein, Luxembourg, Malawi, Malta, Mauritius, Netherlands, (Netherlands Antilles), Portugal, Seychelles, Spain, Suriname, Swaziland, Switzeland, Tonga, United Kingdom, (the Bailiwick of Guernsey, Barbados, Bermuda, Brubei, Cayman Islands, Falkland Islands, Gibraltar, Hong Kong, the Isle of Man, Jersey, Montserrat, St. Helena, Saint Christopher, Nevis and Anguilla, Turks and Caicos Islands, and Virgin Islands), United States, Yugoslavia. B. Notarial Acts Before American Consular Officers Abroad 1. When documents issued by or executed before foreign officials abroad are intended for use in the United States, and state law so requires, they may be authenticated by an American consular officer in the consular district n which the document was issued or executed. Consular officers are prohibited from authenticating documents in a Hague Legalization Country for use in another convention country. 2. Notarial acts by American consular officers are self-proving and need no further authentication in order to be used in the United States. 22 U.S.C 1203. However, from time to time there are Statesand situations in which notarial acts by American consular officers are not accepted. In this case the Department of State can certify to the official status of the officer for a four dollar fee. NOTA BENE: The foregoing information is intended as a general guide. Practice in the 50 states varies from place to place and time to time. The Department of States assumes no responsibility and the accuracy of this information, nor for any liability arising from inaccuracies. If you have any questions concerning authentications, contact appropriate state or federal authority, or the Office of Citizens Consular Services, Department of States, Washington, D.C 20520. Telephone (202) 632-3444 (Europe and Canada); (202) 632-3712 (Inter-American Division); (202) 632-3675 (East Asia and Pacific); (202) 632-4994 (Africa); (202) 632-4994 (Near East and South Asia)
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