The electronic Apostille Pilot Program eAPP Overview

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The electronic ApostillePilot Program (e-APP)
Overview Update
Christophe BernasconiFirst Secretary, HCCH
4th International Forum on e-Notarization,
e-Apostilles and Digital Evidence - organized by
the NNA New Orleans, 27-30 May 2008
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The Hague of 5 October 1961 Abolishing the
Requirement of Legalisation for Foreign Public
Documents (Apostille Convention)

• Convention now has 93 Contracting States from
  around the world, incl. USA, Argentina, Colombia,
  Mexico, Australia, New Zealand, all EU-Member
  States, Switzerland, Russia, India, Japan, Korea,
  Ukraine, China (SARs Hong Kong and Macao only),
  etc.
• Most widely ratified Hague Convention despite
  its age, the Convention continues to attract new
  Contracting States from 1 January 2000 to
  present 29 States joined (gt30!)
• Applied millions of times a year close to 7000
  Apostilles per day in Venezuela approx. 3000 per
  day in Colombia approx. 2000 in UK approx.
  300000 per year in Paris
• PB closely monitoring practical operation of
  Convention see Apostille Section on HCCH
  website at www.hcch.net

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Effects of an Apostille limited but important!

• The ONLY effect of an Apostille is to certify the
  authenticity of the signature, the capacity in
  which the person signing the document has acted,
  and where appropriate, the identity of the seal
  or stamp which the document bears
• Apostille does NOT relate to the content of the
  underlying document itself
• Same immensely important and practical effect as
  legalisation, but the result of a much more
  efficient procedure

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So whats the big deal?

• Most of Apostille-related work is still done
• manually (sometimes without any IT-support at
  all!)
• on paper (also, in some jurisdictions Apostilles
  are simply stapled to underlying public
  document)
• the Registers of the Competent Authorities are
  hardly used in practice (i.e., origin of
  Apostilles is not checked!)
• Which is why the HCCH and the NNA launched the
  e-APP Making operation of the Apostille
  Convention more efficient and secure.

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The e-APP in a nutshell

• Two Components
• 1) Issuance and use of electronic
  Apostilles(e-Apostilles)
• 2) Creation and Operation of electronic Registers
  of Apostilles (e-Registers)

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The e-APP in a nutshell (cont.)

• Issuance of e-Apostilles
• Comp Auth may, for ex., use Adobe Acrobat
  out-of-the-box PDF technology (professional
  edition) Comp Auth sign e-Apostilles by using
  a digital certificate
• e-Apostilles may be issued for public documents
  executed
• in electronic form (and which bear a digital
  signature of the authority that executed the
  e-doc in question)
• in paper form and which are then scanned by
  authority that executed doc or other authority or
  person authorized to do so
• Use of digital certificates provides, in
  particular,
• integrity (assurance that the doc has not been
  altered)
• authentication (assurance as to where the doc
  comes from)
• non-repudiation (Comp Auth cannot deny having
  signed doc)
• Status of digital signature can easily be
  verified by any person who receives an
  e-Apostille
• Digital certificates should be issued by
  Certificate Authority to Competent Authorities
  according to highest standards (incl. requirement
  of physical appearance)

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The e-APP in a nutshell (cont.)

• Operation of e-Registers
• Open source software of HCCH/NNA (incl. PHP and
  MySQL)
• Works for both e-Apostilles and paper Apostilles
• Allows for easy online queries by third parties
  to verify the origin of an Apostille without CA
  having to answer these queries individually by
  phone, email or otherwise
• Query based on date and number of Apostille No
  fishing expeditions possible!
• Since it is open-source, software can easily be
  adapted to any particular need of Comp Auth
• Also serves as logbook
• Option to store digital fingerprint of underlying
  public document
• e-Registers should encourage greater use of
  Apostilles Registers as a public convenience and
  a deterrent to forgery and fraud brings major
  benefits to Comp Auths and end-users!

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The e-APP in a nutshell (cont.)

• Both components (e-Apostilles and e-Registers)
  are addressed to / used by
• Competent Authorities
• Issue e-Apostilles
• Register paper or e-Apostilles in e-Register
• Receiving authority or person in State of
  destination
• Verify origin of e-Apostilles via digital
  Certificate
• Verify origin of paper or e-Apostilles via
  e-Registers
• Adobe and HCCH/NNA software (for e-Apostilles and
  e-Registers respectively) are suggested only
  other technologies possible!
• Two components are independent one can be
  implemented before the other (typically
  e-Register is implemented first)
• No need for a new Convention no need to amend
  the existing Convention keep all States aboard!

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www.e-APP.info
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Where do we stand?

• First jurisdictions to have implemented one e-APP
  component
• Kansas (US), Rep of Colombia Rhode Island (Feb
  07)
• Belgium and Rep of Colombia have operational
  e-Registers in place (since Oct 07)
• Colombia now produces all its Apostilles (gt 3000
  per day) in electronic form, using PDF (but
  currently still hands out printout of all its
  e-Apostilles)
• Bermuda, Region of Murcia (Spain) actively
  working toward implementation of the e-APP UK
  and USA committed
• Belgium actively working toward issuing
  e-Apostilles (executive decision to that effect
  has been taken)
• Finland, Ireland, Germany, Netherlands, as well
  as Venezuela, Georgia and the Philippines (not
  State Party yet) are all showing great interest

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Colombia A Hybrid Implementation of the e-APP
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Should foreign e-Apostilles issued in conformity
with e-APP be recognized?

• YES!
• Pragmatic approach (reality check)

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If

are acceptable means for issuing and affixing
Apostilles (i.e., validly authenticating the
origin of a public document!), then
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why should an e-Apostille with a digital
certificate, which offers far higher security and
certainty,
not be possible and acceptable?
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• Again, we suggest valuing the e-APP against the
  safety and anti-fraud levels currently reached in
  the paper-only environment keeping in mind not
  just the e-Apostille, but also the e-Register
  component of the e-APP, we feel rather strongly
  that the e-APP by far exceeds current levels of
  safety and anti-fraud protection. (Prel. Doc. No
  18 of March 2007)
• One might add that the vast majority of
  Apostilles are used outside courtrooms

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Should foreign e-Apostilles issued in conformity
with e-APP be recognized?

• YES!
• Pragmatic approach (reality check)
• Legal approach
• Convention itself (?)
• First Forum 2005 (Las Vegas), Conclusion No 2
• Most countries have now enacted legislation
  recognizing the legal effect of electronic
  signatures and electronic documents. States are
  encouraged to continue reviewing and enhancing
  the legal framework for allowing the use of
  electronic and electronic documents.
• Colombian e-Apostilles (printout of e-Apostilles)
  seem to be recognized and accepted abroad
  (Permanent Bureau contacted by Belgian and
  Italian Gov Officials as well as by Spanish Judge)

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The e-APP Enabling the Apostille Convention to
grow from strength to strength!