Detailed examination if the Apostille Convention is applicable
The Apostille Convention only applies if both the State in whose territory the public document was executed (the “State of origin”) and the State in whose territory the public document is to be produced (the “State of destination”) are State Parties (i.e. Contracting States for which the Convention is actually in force). To find out which States are Contracting States, check the “Updated list of Contracting States” (status table) on the Apostille Section.
What to look for when checking the status table Click Here for the updated status table of contracting states.
When checking the status table always keep in mind the following:
- Check if both the State of origin and the State of destination are listed in either part of the status table.
- It does not matter whether either State appears in the first or second part of the status table – the Convention applies equally to Members and non-Members of the Hague Conference.
- Check the date of entry into force of the Convention for both States: look for the column entitled ‘EIF’ – only after that date does the Convention apply in the relevant State.
- However, how the State became a party to the Convention e.g., by ratification, accession, succession or continuation) has no impact on how the Convention operates in the State.
- If one of the States has joined the Convention by accession, check whether the other State has raised an objection to that accession:
- The Convention does not apply as between a State that joined the Convention by accession and a State that raised an objection to that accession
- The Convention may be extended to overseas territories of a State. if a State has extended the Convention, this is indicated by a number in the column entitled ‘Ext’ next to the State’s name. A list of the territories to which the Convention is extended can then be accessed by clicking on the number.
Louwrens Koen - Notary - South Africa