Background
In order to simplify the process of authenticating public documents between countries, the Apostille Convention was signed in The Hague on October 5, 1961. The apostille serves as a certificate of authenticity that ensures the reliability of public documents (such as a birth certificate, marriage certificate, criminal record certificate, academic certificate, medical certificate, and others), and provides the legal confirmation required for them to be recognized as valid and acceptable in all countries that are parties to the Convention.
For the purpose of implementing the Convention, the Apostille Convention Implementation Regulations were enacted in 1977, constituting the implementing provisions of the Convention in Israel. Under these regulations, the Ministry of Foreign Affairs and a registrar of a Magistrate's Court, or a civil servant appointed by the Minister of Justice, were designated as the competent authorities to issue apostille certificates. In 2020, following a government decision to allow the issuance of digital apostilles by all government ministries and public authorities, the Director of the Notary Licensing Department at the Ministry of Justice was authorized as the competent authority to sign digital apostilles. At the Ministry of Foreign Affairs, the Public Documents Authentication Unit, operating within the Consular Division, is responsible for authenticating public documents, whether under the Apostille Convention or for countries that are not parties to the Convention . The Ministry of Foreign Affairs authenticates dozens of types of public documents issued by approximately 60 government ministries and public bodies.
The competent authority issuing apostille certificates has three main functions : (a) to verify the authenticity of public documents; (b) to issue apostilles; and (c) to maintain a register of the details of apostille certificates issued, enabling any interested party – including the destination country – to verify the apostille.
The Hague Conference on Private International Law (HCCH) has published a practical handbook for the implementation of the Convention. The handbook details the process for authenticating signatures: a competent authority in the country that issued the original document examines the document and verifies the authenticity of the signature, seal, or authorized signatory appearing on it. Upon completion of the authentication process, the authority issues the apostille, which serves as confirmation of the authentication and forms an integral part of the original document when it is presented. The original document, together with the apostille, is recognized without the need for additional authentication or legalization in all countries that are parties to the Convention. This procedure ensures uniformity, reliability, and efficiency in international document authentication processes.
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