• MMC

With the rise in administrative controls and the increasing digitalisation of procedures, document authentication is no longer a simple formality. It is becoming a key stage in the success of an international mobility project.

HR and Mobility Managers: get to grips with the procedures to secure every stage of the mobility process.

A changing international context

In recent months, several countries have changed their administrative requirements for the recognition of foreign documents:

• Saudi Arabia recently joined the Hague Convention in December 2022. Since March 2023, documents destined for this country can now be apostilled, which considerably simplifies procedures (no more complex consular legalisation).

• China joined the Convention in November 2023. However, beware: despite this accession, some local authorities continue to ask for double validation in certain sensitive cases (diplomas, financial documents), which creates confusion.

• Qatar and the United Arab Emirates, which have not signed up until now, still only accept legalised documents, which involves a lengthy process involving authentication by a court of appeal and then an embassy.

• Canada: although it is a signatory to the Convention, the provinces apply specific rules. In Quebec, for example, certain documents must go through the Ministry of Education or Government Services before an apostille can be issued.

What is an Apostille?

An apostille is a simplified official certification that authenticates the origin of a public document intended for use abroad, particularly in the context of expatriation. It is governed by the Hague Convention of October 5, 1961, which has over 120 member countries.

This convention, also known as the "Apostille Convention," is an international treaty established to simplify the verification and authentication process for public documents used abroad. It introduced a standardized certificate called an "apostille," which can be issued by a competent authority in the document´s country of origin.

Thanks to the apostille, the process is expedited as it exempts documents from consular legalization. However, it does not certify the content of the document.

The apostille is issued by a competent authority in the document´s country of origin. These authorities vary depending on the country.

Competent authorities to issue an apostille: The issuing authority depends on the document´s country of origin:

• In France: courts of appeal and chambers of commerce
• In the United States: the Secretary of State of each state
• In Spain: the Ministry of Foreign Affairs or the courts of appeal

What is Legalization?

Legalization is a more complex procedure that authenticates the signature and the capacity of the signatory of an official document to ensure it is recognized by the authorities of a foreign country that is not a party to the Hague Convention.

It is mandatory for countries that are not signatories of the Apostille Convention.

Steps of the legalization process:

• Authentication by a local competent authority (e.g., a chamber of commerce or a court of appeal)
• Validation by the embassy or consulate of the destination country

As a result, this process is longer and more costly.

How to Choose Between Apostille and Legalization?

To determine the appropriate procedure:

1. Identify the destination country:
• If the country is a signatory of the Hague Convention: apostille
• If the country is not a signatory: legalization
2. Consider the type of document: Some specific documents may require legalization even for signatory countries. These may include sensitive documents.

In summary, apostille is faster and simpler for countries that are signatories of the Hague Convention, while legalization remains essential for other countries or certain sensitive documents.

Tips for HR:

1. Plan ahead: Apostille or legalization procedures can take time. Start the process as early as possible to avoid delays in your employees´ international mobility.
2. Verify document validity: Ensure submitted documents are recent and comply with the destination country´s requirements.
3. Understand local requirements: Each country may have specific regulations. Research the destination country´s requirements before starting the procedures.
4. Support your employees: Provide administrative assistance to guide them through the collection and authentication of necessary documents.
5. Consult experts: To streamline the process, consider collaborating with service providers specializing in international mobility and administrative formalities.