Obscurantist government: international notarization

Rohit Khare (rohit@uci.edu)
Thu, 25 Mar 1999 12:07:32 -0800


[This really makes me enthusiastic about finding a copy of National
Notary Magazine! [see references]. This is from the State
Department's overseas legal services page,
http://travel.state.gov/judicial_assistance.html. I found it only
because Internic requires notarization of DNS transfers, suggesting
that overseas applicants use their nearest American Consul General.
They then pointed to http://travel.state.gov/notarials.html , which
argues that overseas notarization may be illegal. The article I've
copied below is especially hilarious because the contortions required
seem very similar to public key certification authorities' --
hierarchy can be silly, indeed... RK
PS. There's also useful links to international treaty databases at the end.]

http://travel.state.gov/credentials.html :
AUTHENTICATION OF AMERICAN ACADEMIC CREDENTIALS
FOR USE ABROAD
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR IS PROVIDED FOR GENERAL
INFORMATION ONLY. THE DEPARTMENT OF STATE MAKES NO WARRANTY REGARDING
THE ACCURACY OF THIS INFORMATION. WHILE SOME OF THE INFORMATION IS
ABOUT LEGAL ISSUES, IT IS NOT LEGAL ADVICE. QUESTIONS INVOLVING
INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO
FOREIGN ATTORNEYS.

I. COLLEGES, UNIVERSITIES AND OTHER POST-SECONDARY INSTITUTIONS

(A) STATE CHAIN CERTIFICATION METHOD
1. Obtain from the registrar of the University an official true copy
of the credentials bearing the seal of the university. The registrar
should then execute an affidavit attesting to the validity of the
document before a notary public in the registrar's office or
elsewhere at the university. Frequently the business office of
colleges and universities have notaries public.
2. Take the document to the clerk of court of the county wherein the
notary was licensed or commissioned to obtain a notarial certificate
suitable for use abroad.
3. Transmit the document, with the notarial certificate to the state
Secretary of State for application of the state seal.
4. Send the document to the Authentications Office of the Department
of State, 518 23rd Street, NW State Annex #1, Washington, DC 20520. A
fee of $5.00 dollars per document should accompany the request in the
form of a check or money order made payable to the Department of
State.
5. Authenticate the document at the foreign embassy.
(B) DISTRICT OF COLUMBIA CHAIN CERTIFICATION METHOD
...
2. Proceed to the District Building, 717 14th Street NW, Room 230 and
obtain a formal notarial certificate for foreign use.

(C) EMBASSY CERTIFICATE METHOD
1. If the University is located in the Washington Metropolitan area,
obtain from the registrar of the University an official true copy of
the credentials, a statement, executed by the registrar, attesting to
the accuracy of the credentials and have that statement notarized by
a notary public in the registrar's office, business office or
elsewhere in the university.

2. Take the document to the foreign embassy which has on file the
seal and signature of the notary at the University and ask that the
embassy authenticate the notary's seal directly.
3. As an alternative, the foreign embassy could obtain the specimen
seal of area universities where students from the foreign country are
studying. The foreign embassy could then authenticate the seal of the
university and signature of the registrar without any intervening
steps.
(D) HAGUE LEGALIZATION CONVENTION COUNTRY METHOD
1. Obtain from the registrar of the University an official true copy
of the credentials, a statement attesting to the accuracy of the
credentials, executed by the registrar, and have the statement
notarized before a notary public in the registrar's office, business
office or elsewhere in the University.
2. Take the document to the clerk of the court of the country wherein
the notary was licensed or commissioned to obtain a notarial
certificate suitable for use abroad.
3. Send the document to the competent authority in the U.S. for the
Hague Legalization Convention (Usually the state Secretary of State)
for the apostille certificate.
II. PRIMARY AND SECONDARY SCHOOLS
...
6. NOTE: An alternative would be to make an appointment with the
school principal, bring a notary public to the principal's office in
order that the principal may execute an affidavit attesting to the
validity of the document before the notary. The document may then be
authenticated by the clerk of court of the country wherein the notary
was licensed, the state Secretary of State, the Authentications
Office of the U.S. Department of State and the foreign embassy.

...

ADDITIONAL INFORMATION: The Office of American Citizens Services has
available two general information flyers regarding authentication of
documents and authentication in accordance with the Hague
Legalization Convention which are available through our automated fax
system or via our Internet Consular Affairs Home Page.

Using the Internet: Our authentication flyers are also available on
the Internet via the Department of State, Bureau of Consular Affairs
Home Page at http://travel.state.gov/ under International Legal
Assistance or through the main State Department Home Page at
http://www.state.gov/ under Travel, Consular, or International Legal
Assistance. See also, the Department of State, Office of the Legal
Adviser for Private International Law (L/PIL) Home Page at
http://his.com/~pildb/ for information regarding private
international law unification. See also the Home Pages for many of
our embassies which are linked to the Consular Affairs Home Page.
Treaty Databases on the Internet:
United States Department of State, Office of the Legal Adviser,
Treaty Affairs, List of Treaties and Other International Agreements
of the United States In Force: http://www.acda.gov/state/.
United Nations (UN): http://www.un.org/ under Databases/Treaties at
http://www.un.org/Depts/Treaty/;
Council of Europe (COE): http://www.coe.fr:80/index.html under
Texts/Treaties http://www.coe.fr.80/eng/legaltxt/treaties.htm;
Organization of American States (OAS): http://www.oas.org/ under
Public Information/Documents/Treaties at
gopher://oasunix1.oas.org:70/11/pub/english/treaties.
U.S. House of Representatives Internet Law Library Treaties and
International Law: http://law.house.gov/89.htm.
REFERENCE:
Rodriguez, School for Scandal, National Notary Magazine, 9,13,
September/October (1981).
U.S. Terminates Two Academic Certification Services, Professional
Update, NAFSA Newsletter, December/January 1983, 63, 64.