What is the Authentication (Legalization or Apostille) of Documents in international trade?
In international trade, the process of Legalization or Authentication refers to the formal verification of documents to certify their authenticity, so they are accepted as valid and legal by the authorities of a foreign country. This process is crucial when one is engaged in exporting or importing goods, services, or entering into any kind of international business transaction in certain countries. It ensures that all paperwork like contracts, invoices, certificates of origin, government documents, patents, and other essential documents are genuine, thus safeguarding the interests of all parties involved.
Legalization or Apostille?
The vast majority of countries are signatories to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (HCCH 1961 Apostille Convention) - often referred to as simply the “Apostille Convention” or the “Hague Convention”. This means that documents can be authenticated for use in a foreign country in a somewhat streamlined and consistent process, called an Apostille. Countries that are NOT signatories to the Apostille Convention require documents for legal authentication to undergo Embassy Legalization, a series of administrative steps culminating in final approval by the embassy (or consulate) in the United States of the destination country. If all this sounds complicated, it is. However, by submitting electronically through the Chamber Certification system, you can have this process handled by the experts at AWTCC.
Types of business documents often Legalized/Apostilled include . . .
Commercial Documents (for an export shipment)
‐ Certificates of Origin
‐ Commercial invoices
Legal Documents (generally, for product registration and/or regulatory compliance)
‐ Health certificates
- Good Manufacturing Practice (GMP) Certificates
‐ Trade licenses
‐ Power of an attorney documents
‐ Intellectual property documents
‐ Contracts and agreements
- Legal documents issued by courts
‐ Documents issued by government agencies
- US FDA Export Certificates
- Health Certificates (state or federal)
- Patents and Trademarks
Timeframe for processing:
Processing times can vary dramatically from country to country, due to the processes involved. While most legalization in countries are less than two weeks, a small number of countries’ processes can take up to three or four months. For the United States, processing timeframes for most countries are listed on the American World Trade Chamber website here.
Prepare
Make sure you’re registered for Chamber Certification™
Find one of hundreds of participating Chambers of Commerce in your state or U.S. territory by visiting our Chamber selection tool.
Apply
Confirm Legalization or Apostille requirement
Check buyer, customs, and/or bank requirements.
Prepare documents
Commercial, legal or government documents.Apply online
Submit your request through Chamber Certification™.Chamber review & certification
The Chamber determines the need for an Apostille or Legalization, and proceeds with the appropriate process.Receive Apostilled or Legalized documents
Completed documents are sent to you via courier service.
Glossary of terms related to Legalization and Apostille
Confused about this complex process? You’re not alone! We have put together a glossary of terms as used in the Apostille and Legalization process, which many find helpful in navigating this process - although the simplest way to navigate this process is through the experts at AWTCC.
A
Affidavit: A sworn statement made in writing, often used as evidence in legal proceedings.
Airway Bill: A legal document between a shipper and a carrier detailing the type, quantity, and destination of the goods being carried. Not a legal title document to the goods.
Apostille: A form of authentication issued to documents for use in countries that participate in the Hague Convention of 1961.
Authentication: The process of certifying a document so that it will be recognized by the legal system of a foreign country.
B
Bill of Lading: A legal document between a shipper and a carrier detailing the type, quantity, and destination of the goods being carried. Serves as a legal title document to the goods.
C
Certificate of Free Sale: A document that indicates that a particular product is sold freely in the country of export. Often required by importers or regulatory authorities in the importing country as evidence that the product complies with regulations, safety standards, and other requirements. The certificate typically assures that the product is freely sold in the domestic market, and therefore does not represent a health risk, and is approved for sale and exportation. A Certificate of Free Sale is issued by a competent authority (which can be a government agency, chamber of commerce, or other authorized entity depending upon the product).
Certificate of Origin: A document declaring the origin of the goods being exported, often needed for customs purposes and/or statistical purposes. ‘Origin’ refers to country of manufacture or production.
Commercial Documents: In the context of Legalization, generally refers to documents utilized in an export transaction, such as certificates of origin and commercial invoices, as well as packing lists, ocean bills of lading or airway bills, etc.
Commercial Invoice: A bill for the goods shipped from the seller to the buyer, usually required also for customs clearance to establish value.
Consular Authentication: A specialized form of document legalization involving verification by a consulate or embassy.
Consular Legalization: A method of document authentication for countries that are not signatories to the Hague Convention. This involves getting a document verified by the consulate of the country where the document will be used.
Consulate: An office representing a country within another country but is not the main diplomatic mission, which is the embassy.
D
Department of State: Each U.S. state and territory has a Department of State. One of the functions of this state government agency is the authorization of Notary Publics, and of authenticating the validity of their notarial acts (notarizations) by Authentication or Apostille - see definitions above. (Also see U.S. Department of State).
Diplomatic Channels: The official pathways through which documents may need to be authenticated, usually involving various ministries and embassies.
Document Declaration: A declaration by a Chamber of Commerce attesting to the fact that a presenter of a document has certified the genuineness of that document to the Chamber.
Document Rivet: A method of physically securing, with a brass rivet, multiple pages of a document together to prevent tampering or alteration.
Due Diligence: Comprehensive verification or audit of a document to ensure that all legal requirements are met.
E
Embassy: The official diplomatic representation of one country in another country.
Embassy Authentication: A specialized form of document authentication that involves verification by an embassy.
Export License: A government-issued document authorizing the export of controlled goods in specific quantities to a particular destination country that is under restrictions from the U.S. Government.
F
Freight Forwarder: A service provider that arranges the shipping and related documentation for exported goods.
G
Government Documents: In the context of Legalization, this generally refers to documents issued by a national or regional (such as a state or province) government agency. This would include government issued health or veterinary certificates, food and drug related certificates, licenses or permits, court orders, etc.
H
Hague Convention: An international treaty first signed in 1961 that simplifies the process of authenticating public documents for use across signatory countries.
I
Incoterms: International Commercial Terms that specify the rights, responsibilities, and obligations of buyers and sellers involved in international trade.
J
Jurat: A clause at the end of an affidavit or other document indicating when, where, and before whom the document was sworn or affirmed.
K
Kyoto Convention: An international treaty first signed in 1939 and updated periodically since then; not directly related to the legalization or authentication of documents used in international trade, but a significant international instrument dealing with customs procedures. Specifically, the "International Convention on the Simplification and Harmonization of Customs Procedures" (Kyoto Convention) is a World Customs Organization (WCO) treaty that aims to simplify and harmonize international customs procedures across its member countries and nominates Chambers of Commerce as a preferred issuer of Certificates of Origin.
L
Letter of Credit: A document issued by a bank effectively guaranteeing payment to a seller based on specified conditions. As used in international trade, meeting the specified conditions is evidenced by documentary compliance.
Legal Documents: In the context of Legalization, this generally refers to documents utilized in international trade (though not necessarily related to an individual shipment of goods), such as privately issued (not issued by a government agency) health certificates, trade licenses, power of attorney documents, intellectual property documents, contracts and agreements, etc.
Legalization: The process of officially obtaining certification of a document so that it will be recognized by the legal system of a foreign country.
N
Notarization: The act of officially certifying a document’s signatory by a notary public.
Notary Public: an official of integrity appointed by the government to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents.
NUSACC: National U.S. – Arab Chamber of Commerce, an organization that facilitates trade and investment between the United States and Arab League countries.
P
Power of Attorney: A legal document authorizing one person to act as the legal representative of another.
Proforma Invoice: An initial invoice sent by a seller to a buyer in advance of a shipment or delivery of goods, often for customs or import purposes as a preliminary price quotation.
S
Sanitary and Phytosanitary Measures (SPS): Certifications to indicate that food, plants, or animals meet certain health and safety standards.
Shippers Letter of Instructions: A summary of cargo to be shipped, including the origin, destination, value and instructions regarding the shipping process.
State Authentication: The process of having a document authenticated by a state-level authority, usually before undergoing further federal or international authentication.
T
Tariff: A tax or duty to be paid on specific imports.
Trade Compliance: The practice of adhering to laws, regulations, and best practices that govern international trade.
U
U.S. Department of State: The federal executive department responsible for carrying out U.S. foreign policy and international relations, which is also responsible for federal-level Authentication or Apostille of documents.
US – Qatar Business Council: An organization that aims to support economic partnership and trade relations between the United States and Qatar.
V
Verification: The act of ensuring that the product, service, or document complies with established rules, standards, or laws.