UNITED KINGDOM
Apostille Questionnaire 2021
The responses are reflected as provided by Contracting Parties subject to minor typographical corrections.
Joining the Apostille Convention
1. Did you join the Convention after 2010?
[b] No.
2. Are foreign public documents exempted from
legalisation by virtue of your internal law,
practice, or any bilateral / multilateral
agreements (excluding the Apostille
Convention)?
[a] Yes, under internal law.
Generally legalisation is not necessary in order to use a
foreign document in the UK. For documents that are not in
English, a certified translation is usually required.
Competent Authorities
3. How many Competent Authorities have you
designated under the Apostille Convention?
If unknown, please specify the reason for this and provide an
approximate number.
The FCDO is the only designated Competent Authority
for UK public documents.
Each Overseas Territory and Crown Dependency are
designated to issue their own apostilles for public
documents that originate within their territory.
4. Do your diplomatic missions abroad play a role
in the Apostille issuance process?
[d] No.
Substantive Scope
5. Is the concept of ‘public document’ defined in
your internal law?
[b] No.
6. Have you experienced any difficulties in
characterising a ‘public document’ for the
purposes of the Apostille Convention?
[b] No.
7. Has the exclusion of ‘documents executed by
diplomatic or consular agents’ (Art. 1(3)(a)) from
the scope of the Apostille Convention given rise
to any difficulties?
For Parties that answered yes to Q7.
7.1. How has previous guidance on the interpretation
of the Art. 1(3)(a) exclusion assisted in resolving
these difficulties? (E.g. the ‘extremely narrow’
construction referred to in C&R No 10 of the
2016 SC).
8. Do you think this Art. 1(3)(a) exclusion is justified
in the context of the modern operation of the
Convention?
9. Has the exclusion of ‘administrative documents
dealing
directly with commercial or customs
operations’ (Art. 1(3)(b)) from the scope of the
Apostille Convention given rise to any
difficulties?
Apostille Questionnaire 2021: United Kingdom
Questions for Contracting Parties
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For Parties that answered yes to Q9.
9.1. How has previous guidance on the interpretation
of the Art. 1(3)(b) exclusion assisted in resolving
these difficulties? (E.g. the ‘extremely narrow’
construction referred to in C&R No 10 of the
2016 SC).
10. Do you think this Art. 1(3)(b) exclusion is justified
in the context of the modern operation of the
Convention?
11. Do you issue (outgoing) or accept (incoming)
Apostilles for any of the following categories of
document?
Issue
Certificates of origin
X
Export licences
X
Import licences
X
Health and safety certificates
issued by the relevant
government authorities or
agencies
X X
Certificates of products
registration
X X
Certificates of conformity
X
End user certificates
(i.e. documents certifying that the
buyer is the end user of acquired
goods)
X X
Commercial invoices
X
Apostille Process
Certification of Public Documents
12. Do any of your public documents require some
other intermediate certification
before the
issuance of an Apostille?
For Parties that answered yes to Q12.
12.1. What
categories of public document require
intermediate certification and why?
Category of public
document
Why certification is required
Requesting an Apostille (Outgoing)
13. How can an Apostille be requested?
[a] In person.
[b] By post.
[c] By email.
[d] Through a website.
X
[e] Other.
14. When issuing an Apostille, do you enquire about
the State of destination?
[d] No.
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Questions for Contracting Parties
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15. How long does it take for an Apostille to be
issued?
In-person request
(paper Apostille)
Other requests
(from the time of
receipt) (paper
Apostille)
e-Apostille requests
On the same
day
On the following
working day
16. Does your Competent Authority impose a fee for
issuing an Apostille?
[b] Yes, but the price is dependent on, for example,
the category of public document(s), the Competent
Authority, or the type of application.
£30 per apostille using our standard postal service.
£75 per apostille using our same-day premium service.
Issuing an Apostille (Outgoing)
17. How is the origin of a public document verified
for the purpose of issuing an Apostille (i.e.
verification of the authenticity of the signature,
the capacity of the signer, and the identity of the
seal / stamp (Art. 5(2))?
[a] Single Competent Authority.
[ii] An electronic database of sample signatures /
seals / stamps.
18. How does a Competent Authority address
situations where it is unable to verify the origin
of the public document?
[b] The Competent Authority will contact the issuing
authority to confirm authenticity but will not issue the
Apostille until the new signature, stamp or seal is added
to the database.
19. In what language(s) are the 10 standard items
of your Apostilles available?
[c] In three languages.
English, French and Spanish
20. In what language(s) are the blank fields of your
Apostilles filled in?
[a] In one language.
English
21. How are the blank fields of your Apostilles filled
in?
[b] Using computer software.
Our case management system has a built-in template for
apostilles, which automatically populates the relevant data
when a signature/seal is selected on our database and
confirmed as authentic.
Apostille Registers
22. How is your Apostille register, required by
Article 7, maintained?
[a] Single Competent Authority.
[i] Electronic form, publicly accessible online (e-
Register).
23. What particulars are contained in your Apostille
register?
[a] Number and date of the Apostille
(required).
X
[b] Name and capacity of the person signing
the document and /
or the name of
authority whose seal or stamp is affixed
(required).
X
[c] Name and / or type of underlying
document.
[d] Description of the contents of underlying
document.
[e] Name of the applicant.
[f] State of destination.
[g] Copy of the Apostille.
[h] Copy of the underlying document.
[i] Other.
24. Is there a limit to how long records can be
retained on the Apostille register?
[d] No.
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Questions for Contracting Parties
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25. If your register is not publicly accessible, how
frequently do your Competent Authorities
receive requests to verify an Apostille they have
issued in the register?
[g] Not applicable, register is publicly accessible.
Technology & the e-APP
26. Under your internal law, do you recognise
electronic / digital
signatures as functionally
equivalent to handwritten signatures (i.e. can a
public document be signed electronically)?
[a] Yes.
Article 25 of EU Regulation 910/2014 (eIDAS) came into
force on 1 July 2016. This regulation was incorporated into
UK law by the EU (Withdrawal) Act 2018.
27. Under your internal law, are public documents
executed, or able to be executed, in electronic
form (whether or not they are to be used abroad
under the Convention)?
[a] Yes.
For Parties that answered yes to Q27.
27.1.
What categories of public documents are
executed, or able to be executed, in electronic
form (whether or not they are to be used abroad
under the Convention)?
[a] All public documents.
[b] Civil status documents (e.g. birth, death
and marriage certificates) and
certificates of non-impediment.
[c] Other administrative documents
(including decisions from administrative
tribunals or decision-making bodies).
[d] Extracts from commercial registers and
other registers.
[e] Notarial authentications of signatures.
[f] Other notarial acts.
[g] Diplomas and other education
documents.
[h] Court documents, including judgments.
[i] Patents or other documents pertaining to
intellectual property rights.
[j] Documents relating to adoptions.
[k] Translations.
[l] Medical or health certificates.
[m] Criminal records.
[n] Import or export licences.
[o] Certificates of origin.
[p] Certificates of conformity.
[q] Other.
For Parties that answered yes to Q27.
27.2. Approximately what percentage of your public
documents are originally executed in electronic
form (whether or not they are to be used abroad
under the Convention)?
28. Do you issue e-Apostilles?
[b] No.
[i] We are studying the use of e-Apostilles and plan
to implement the e-Apostille component.
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For Parties that answered no to Q28.
28.1. What challenges are you facing that may prevent
you from implementing the e-Apostille?
[a] Internal law limitations.
[b] Judicial or administrative structure.
[c] Implementation challenges (e.g. lack of
resources, lack of infrastructure).
X
[d] Cost.
X
[e] System interoperability / compatibility.
X
[f] Security concerns.
X
[g] Other.
For Parties that answered no to Q28.
28.2.
How do you issue an Apostille for a public
document executed in electronic form?
[c] Other.
By paper Apostille, attached to a hard copy of the electronic
public document that has been certified with a wet-ink
signature.
29. Are your authorities equipped to accept
incoming e-Apostilles?
30. Do you maintain an e-Register?
[a] Yes.
For Parties that answered yes to Q30.
30.2.
What technology is used to maintain your
e-Register?
[a] A government-built platform.
31. Have you been in contact with other Competent
Authorities that operate an e-
APP component
and exchanged information and / or relevant
experience?
[a] Yes.
Spain, New Zealand, Belgium, Israel, South Korea, State of
Montana (USA)
Issues with Apostilles
32. Has an Apostille
issued
by your Competent
Authority ever been refused by the authorities of
another Contracting Party on the following
grounds:
[a] Form requirements (e.g. square-shaped,
sides of at least nine centimetres, border,
ink, etc).
[b] The manner in which the Apostille was
affixed /
attached to the underlying
document.
The Apostille was attached 'upside-down'.
X
[c] The Apostille was not signed.
X
[d] One or more of the standard
informational items were not filled in.
The A
postille did not confirm the seal on the
underlying document, only the signature.
X
[e] The Apostille was in electronic form (an
e-Apostille).
[f] The underlying public document was in
electronic form.
[g] The underlying public document had
expired / was not issued within a certain
timeframe.
X
[h] The underlying document was not a
public document under the law of the
destination.
[i] Other.
The Apostille was not produced in the language of the
receiving authority.
X
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Questions for Contracting Parties
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[j] Unknown.
[k] No / Not applicable.
For Parties that answered other than “No” to Q32.
32.1. If an Apostille was rejected, what action did you
take?
[a] The Apostille was reissued.
X
[b] Contacted the receiving authority.
X
[c] Contacted the Competent Authority of the
place of destination.
[d] Contacted nearest diplomatic mission of
the place of destination.
[e] Contacted own diplomatic mission
accredited to the place of destination.
[f] Contacted the Permanent Bureau.
X
[g] No action taken.
[h] Other.
We have provided formal letters and/or e-mails for
customers to present to receiving authorities to
reassure validity of the Apostille.
X
[i] Unknown.
33. Has your Competent Authority ever been
requested by external Competent Authorities to
certify or
confirm your procedure for issuing
Apostilles?
[a] Yes.
We have held discussions with other Competent Authorities
to share best practice and knowledge, and likewise have
confirmed our own procedures to Diplomatic Missions who
have enquired about the process.
34. Has an Apostille
received
by your authorities
ever been refused on the following grounds:
[a] The issuing State was not a Contracting
Party to the Apostille Convention.
[b] Form requirements (e.g. square-shaped,
sides of at least nine centimetres, border,
ink, etc).
[c] The manner in which the Apostille was
affixed /
attached to the underlying
document.
[d] The Apostille was not signed.
[e] One or more of the standard
informational items were not filled in.
[f] The Apostille was in electronic form (an
e-Apostille).
[g] The underlying public document was in
electronic form.
[h] The underlying public document had
expired / was not issued within a certain
timeframe.
[i] The underlying document was not a
public document under the law of the
destination.
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Questions for Contracting Parties
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[j] Other.
[k] Unknown.
[l] No / Not applicable.
X
Miscellaneous
35. Would you be interested in attending the 2021
meeting of the
Special Commission on the
practical operation of the Apostille Convention?
[a] Yes, if possible, in person.
36. Have you encountered any persistent
difficulties, issues, or challenges in the
operation of the Apostille Convention that you
would like
discussed at the 2021 Special
Commission?
If yes, would you like your answer to this question to be
published without reference to your authority or State?
[b] No.
38. Would you be interested in attending the 12
th
International Forum on the e-APP (to be held in
conjunction with the meeting of the Special
Commission)?
[a] Yes, if possible, in person.