On the accession of the Republic of Kazakhstan to the Convention abolishing the requirement to legalize foreign official documents

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The Law of the Republic of Kazakhstan dated December 30, 1999 No. 11-II.

The Republic of Kazakhstan should join the Convention abolishing the Requirement of Legalizing Foreign Official Documents, signed in The Hague on October 5, 1961.

President

Republic of Kazakhstan

Convention abolishing the requirement of legalization

foreign official documents

The signatory States to this Convention,

Wishing to abolish the requirement of diplomatic or consular legalization of foreign official documents,

We have decided to conclude a Convention in this regard and have agreed to the following provisions:

Article 1

This Convention applies to official documents that have been executed in the territory of one of the Contracting States and must be submitted in the territory of the other Contracting State.

The following are considered to be official documents within the meaning of this Convention::

a) documents originating from an authority or official subject to the jurisdiction of the State, including documents originating from the Prosecutor's Office, the registrar of the court or the bailiff;

b) administrative documents;

c) notarial acts;

d) official marks, such as registration marks; visas confirming a certain date; attestation of signatures on a document that has not been notarized.

However, this Convention does not apply to:

a) documents executed by diplomatic or consular agents;

b) administrative documents directly related to a commercial or customs operation.

Article 2

Each of the Contracting States shall exempt from legalization the documents to which this Convention applies and which must be submitted on its territory. Legalization within the meaning of this Convention means only a formal procedure used by the diplomatic or consular agents of the country in whose territory the document is to be submitted to verify the authenticity of the signature, the quality in which the person who signed the document acted, and, where appropriate, the authenticity of the seal or stamp with which the document is affixed.

Article 3

The only formality that may be required to verify the authenticity of the signature, the quality of the person who signed the document and, where appropriate, the authenticity of the seal or stamp affixed to the document is the affixing of the apostille provided for in article 4 by the competent authority of the State in which the document was made.

However, the performance of the function mentioned in the preceding paragraph may not be required if the laws, regulations or customs in force in the State in which the document is submitted, or an agreement between two or more Contracting States, cancel or simplify this procedure or exempt the document from legalization.

Article 4

The apostille provided for in the first paragraph of Article 3 is affixed to the document itself or on a separate sheet attached to the document; it must comply with the model attached to this Convention.

However, it may be drawn up in the official language of the issuing authority. The points contained in it may also be presented in a second language. The title "Arostillé (Sonvéntione de la Haye du 5 octobre 1961)" should be given in French.

Article 5

The apostille is affixed at the request of the signatory or any bearer of the document.

Filled out properly, it certifies the authenticity of the signature, the quality in which the person who signed the document acted and, if necessary, the authenticity of the seal or stamp with which this document is affixed.

The signature, seal or stamp affixed to the apostille does not require any certification.

Article 6

Each Contracting State shall designate, taking into account their official functions, those authorities which are authorized to affix the apostille provided for in the first paragraph of Article 3.

It shall notify the Ministry of Foreign Affairs of the Netherlands of this designation at the time of deposit of its instrument of ratification or accession, or declaration of extension. It also notifies the Ministry of any change in the designation of these bodies.

Article 7

Each of the above-mentioned authorities, appointed in accordance with Article 6, must maintain a book of records or a card file in which it registers the apostilles affixed, indicating at the same time:

a) the serial number and the date of affixing the apostille;

b) the name of the person who signed the official document and the quality in which he spoke, and in respect of unsigned documents, the indication of the authority that issued the seal or stamp.

At the request of any interested person, the authority that affixed the apostille is obliged to check whether the entries made in it correspond to the information entered in the record book or card file.

Article 8

If a treaty, convention or agreement has been concluded between two or more Contracting States, which contains provisions requiring certain formalities for the certification of a signature, seal or stamp, this Convention provides for derogation from these provisions only if the formalities specified therein are more stringent than those provided for in Articles 3 and 4..

Article 9

Each Contracting State shall take the necessary measures to ensure that its diplomatic or consular agents do not carry out legalization in cases where this Convention provides for an exemption from it.

Article 10

This Convention is open for signature by the States represented at the ninth session of the Hague Conference on Private International Law, as well as Ireland, Iceland, Liechtenstein and Turkey.

It is subject to ratification, and the instruments of ratification are deposited with the Ministry of Foreign Affairs of the Netherlands.

Article 11

This Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification provided for in the second paragraph of Article 10.

For each signatory State that ratifies it later, it enters into force on the sixtieth day after the deposit of its instrument of ratification.

Article 12

Any State not referred to in Article 10 may accede to this Convention after its entry into force in accordance with the first paragraph of Article 11. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands.

Accession is valid only in the relations between the acceding State and the Contracting States, which do not object to it within six months after receiving the notification provided for in paragraph (d) of Article 15. Notification of such objection is sent to the Ministry of Foreign Affairs of the Netherlands.

The Convention enters into force between the acceding State and the States that have not raised objections to the accession on the sixtieth day after the expiration of the six-month period specified in the preceding paragraph.

Article 13

At the time of signature, ratification or accession, any State may declare that this Convention applies to all Territories that it represents internationally, or to one or more of these Territories. This declaration is considered valid from the moment the Convention enters into force for that State.

In the future, the Ministry of Foreign Affairs of the Netherlands will be notified of any detailed extension of the action.

If a declaration of extension is made by a State that has signed and ratified the Convention, the latter shall enter into force in respect of the Territories specified therein in accordance with the provisions of Article 11. If a declaration of extension is made by a State that has acceded to the Convention, the latter shall enter into force in respect of the Territories specified therein in accordance with the provisions of Article 12.

Article 14

This Convention shall be in force for a period of five years starting from the date of its entry into force in accordance with the first paragraph of Article 11, including in respect of States that ratify it or accede to it subsequently.

If the Convention is not denounced, its validity is extended with the tacit consent of the parties for every subsequent five years.

The Ministry of Foreign Affairs of the Netherlands is notified of the denunciation at least six months before the expiration of the five-year period.

Denunciation may be limited to some of the Territories covered by the Convention.

A denunciation is effective only in respect of the State that notifies it. The Convention remains in force in respect of other Contracting States.

Article 15

The Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in Article 10, as well as the States that have acceded in accordance with the provisions of Article 12.:

(a) The notifications referred to in the second paragraph of Article 6;

(b) Signatures and ratifications referred to in Article 10;

(c) The date of entry into force of this Convention in accordance with the provisions of the first paragraph of Article 11;

(d) The accessions and objections referred to in Article 12 and the date of entry into force of the accession;

(e) The extension of the action referred to in Article 13 and the date of its entry into force;

(f) The denunciations referred to in the third paragraph of Article 14.

In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention.

Done at The Hague on October 5, 1961, in French and English (in case of discrepancies between the texts, the French text will prevail), in a single copy, which shall be deposited in the archives of the Government of the Netherlands, and a certified copy of which shall be sent through diplomatic channels to each State represented at the ninth session of the Hague Conference on Private International Law, and also Ireland, Iceland, Liechtenstein and Turkey.

States parties to the Convention

(as of March 1992)

1. Antigua and Barbuda

2. Argentina

3. Austria

4. The Bahamas

5. Belgium

6. Botswana

7. Brunei

8. Great Britain

9. Hungary

10. Greece

11. Israel

12. Italy

13. Spain

14. Cyprus

15. Lesotho

16. Liechtenstein

17. Luxembourg

18. Malawi

19. Malta

20. Mauritania

21. The Marshall Islands

22. Netherlands

23. Norway

24. Panama hat

25. Portugal

26. Russian Federation

27. Swaziland

28. Seychelles

29. Suriname

30. USA

31. Tonga

32. Türkiye

33. Fiji

34. Finland

35. France

36. Germany

37. Switzerland

38. Yugoslavia

39. Japan

List

member countries of the Convention, where mandatory

a requirement for the validity of the documents

is their apostillation (according to the Ministry of Foreign Affairs of the Republic of Kazakhstan)

(as of July 14, 2002)

Andorra the Bahamas Colombia Fiji Japan

Germany Cyprus Islands Finland

South Africa Barbados French Republic

Kingdom of Croatia Republic of Kazakhstan

Antigua and Belgium

Barbuda Belize El Salvador Greek Lesotho

Argentina Republic of the Republic of Latvia

Armenia Belarus Kingdom

Australia Bosnia- Spain The Republic of Hungary

Austria Duchovina Republic of Liberia

Botswana USA Liechtenstein

Brunei Ireland Lithuanian

State Republic

Israel Luxembourg

Italian

Republic

Malawi Panama San Marino Trinidad and Saint Kitts and

Malta Portugal Samoa Tobago Nevis

Mauritius Seychelles Tonga

Mexico Czech Islands Turkish Estonia

Republic of Slovenia Republic of

Namibia Monaco

Niue (autonomous from Romania to Sweden Venezuela

many states- Russian Swiss Marshall Islands

donation Island Federation

associated- Former Confederation

New Suriname Republic

New Zealand) Kingdom Swaziland of Yugoslavia

Norway Netherlands Macedonia

United Kingdom

Kingdom

Great Britain

and the North

Ireland

Annex to the Convention

Apostille sample

The apostille has the shape of a square with a side of at least 9 cm.

________________________________________________________

| Atmosphere |

| (Sonvén de la Haye du 5 octobre 1961) |

| 1. Country_________________________________ |

| This official document |

| 2. was signed (last name)_________________ |

| 3. acting as_________________ |

| 4. sealed/stamped (name of institution)|

| _______________________________________________ |

| Verified |

| 5. in_______________ 6. date_______________ |

| 7. (name of the certifying authority)____________ |

| 8. for №_________________________________________ |

| 9. Seal/stamp___________ 10. Signature_________ |

|______________________________________________________|

Instrument of accession to the Convention

on the abolition of the requirement of legalization

for foreign official documents

Having regard to the Convention on the Abolition of the Requirement of Legalization for Foreign Official Documents (hereinafter referred to as the "Convention"), implemented on October 5, 1961 in The Hague.

And also, since any State not related to Article 10 of the Convention may accede to the Convention after its entry into force in accordance with the first paragraph of Article 11 by putting the instrument into effect jointly with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

And because the Government _____ has decided to become a party to the Convention.

Consequently, the current Government ___________, Having considered the Convention on the Abolition of the Requirement of Legalization for Foreign Official Documents, hereby accedes to the Convention and undertakes to comply with the provision contained therein.

To prove this, I, ______, the Minister of Foreign Affairs, _____ signed the instrument of accession and affixed my official seal.

Completed__________( place) _______(date)

signature

Depository procedures

(multilateral Treaties deposited

To the Government of the Kingdom of the Netherlands)

A. The ceremony of signing Contracts and depositing certificates

1. Preparation

The preparation should be carried out with the Department of Treaties of the Ministry of Foreign Affairs (tel. 070-3484918).

2. The Ceremony

The ceremony will be held in the Contracts Department in the presence of the Head of the Contracts Department or an official who replaces him.

3. Simplified deposit

With regard to the deposit of instruments of ratification, accession, etc., the choice between an official ceremony or the transfer of the instrument to the Department of Treaties remains with the Embassy concerned.

4. Sending the instrument to the Contracts Department

If the second option mentioned in paragraph 3 above is chosen, Embassies are kindly requested to hand over the instrument personally to an official from the Contracts Department, rather than sending it by external or internal mail, since, in addition to the risk of loss, the document transmitted through these channels may not reach the Contracts Department on the same day.

B. Depository practice

5. Authorities authorized to perform formalities

According to the international practice followed by the Kingdom of the Netherlands, codified to a large extent by the Vienna Convention on the Law on Treaties, formalities performed on behalf of the State in respect of Treaties must originate from the Head of State, Head of Government or Minister of Foreign Affairs, or a person authorized by one of the three aforementioned authorities.

6. Formalities for the implementation of paragraph 5

The practices described above relate to signatures, ratifications, approvals, acceptances, accessions, and denunciations.

The formulation and withdrawal of reservations, notification of temporary application or territorial application, the appointment of authorized authorities, or any other act aimed at fulfilling the relevant Agreement or changing it with respect to rights and obligations may be carried out on the basis of a letter or Note (Chapter) Embassies.

The entire toolkit must be written in English or French or accompanied by an official translation into English or French.

7. Authorization to deposit

It will be taken into account if the instrument of ratification, accession, etc. is signed by the Head of State, Head of Government or Minister of Foreign Affairs and this instrument fully clearly expresses the State's desire to assume obligations under the Treaty; in this case, an additional document authorizing the representative to deposit the instrument is optional.

8. Cable and telex communication (in case of emergency)

In emergency cases, according to current practice, the Head of the Contracts Department accepts cable, telex and fax messages instead of the usual valid acts or instruments, under the following conditions:

but. Cable, telex or fax messages from one of the three authorities, which are usually considered authorized on behalf of the State to undertake obligations at the international level (see paragraph 5 above), must contain the name of this authority and must be executed in English or French.

b. Any cable, telex, or fax message received must be processed correctly, which means that the document must be sent in the appropriate form as soon as possible.

9. Correspondence

Embassies are kindly requested to send all letters and notes on depository issues to the Department of Treaties of the Ministry of Foreign Affairs.

President

Republic of Kazakhstan

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