- CONCEPT.
Diplomatic legalization is a procedure for validating public documents by verifying the
authenticity of the document's handwritten signature, the
capacity in which it was signed by the signatory and, where appropriate, the
identity of any stamps or seals.
Legalization does not entail any responsibility for the content of the document nor for its subsequent use.
In general terms, public documents issued in one country need to be legalized to be effective in another country.
IMPORTANT:
Spanish diplomatic missions abroad are part of the Spanish administration. Therefore, it is not necessary to legalize documents issued by Spanish diplomatic missions for them to be effective in Spain. Similarly, documents issued by other bodies of the Spanish administration do not need to be legalized before being submitted to a Spanish diplomatic mission.
Only
original documents or true copies issued by the same body that issued the original document and bearing a
handwritten signature can be legalized. Electronic signatures are not accepted.
- EXEMPTIONS TO DIPLOMATIC LEGALIZATION.
In certain circumstances, some public documents issued by certain countries do not require legalization, pursuant to the following agreements and regulations:
- Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents
The Hague Apostille Convention (as it is more commonly known) replaces the legalization process with the issuance of an Apostille, recognized by all parties to the Convention. List of States Party to the Convention. This applies to all documents issued by States party to the Apostille Convention, but not to documents issued by those States' diplomatic or consular agents, as Article 1 of the Convention explicitly excludes documents executed by diplomatic or consular agents.
In Spain, the competent authority for matters relating to the Apostille is the Ministry of the Presidency of the Government, Justice and Parliamentary Relations. Information about the Apostille - Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012
This Regulation provides a list of public documents which are exempt from the requirement of legalization and of the addition of an Apostille when issued by a Member State. Regulation (EU) 2016/1191 - Convention on the exemption from legalization of certain records and documents
Known as the 1977 Athens Convention, it exempts certain Civil Register documents from the requirement of legalization. Convention on the exemption from legalization of certain records and documents - Convention on the issue of multilingual extracts from civil-status records
Also known as the 1976 Vienna Convention, it exempts multilingual extracts from civil-status records issued by States party from the requirement of legalization. Convention on the issue of multilingual extracts from civil-status records - European Convention on the Abolition of Legalisation of Documents executed by Diplomatic Agents or Consular Officers
Known as the 1968 London Convention, it exempts documents issued by diplomatic and consular agents from the requirement of legalization. European Convention on the Abolition of Legalisation of Documents executed by Diplomatic Agents or Consular Officers - Exchange of diplomatic notes between Spain and the USSR in 1984
This exchange of diplomatic notes exempts Civil Register certifications issued by Spain or Russia from the requirement of legalization. Exchange of diplomatic notes between Spain and the USSR in 1984 (in Spanish)
- MODALITIES OF DIPLOMATIC LEGALIZATION.
For those cases not listed above, diplomatic legalization is necessary to make a public document effective in a different State to that in which it was issued.
- PUBLIC DOCUMENTS ISSUED ABROAD TO BE EFFECTIVE IN SPAIN
- GENERAL RULE
With the exceptions listed in section two, foreign public documents which require diplomatic legalization must be legalized first by the Ministry of Foreign Affairs of the issuing country and then by the Spanish diplomatic mission responsible for that consular district.
- SPECIAL CASES
- Consular documents
Documents issued by foreign diplomatic missions to Spain referring to facts or data relating to their consular district must be legalized by the Legalization Service of the Spanish Ministry of Foreign Affairs, European Union and Cooperation to be effective in Spain. These documents are not covered by the Hague Apostille Convention, but are covered by the London 1968 Convention.
The following non-exhaustive list contains examples of consular documents:
- Certificate of Life and Marital Status
- Criminal Records Check Certificate
- Certificates of nationality, certificates of residence and certificate of entry on the consular register
- Certificates of Spanish law
- Certificates confirming the consistency of data considered of lesser importance
- Sworn statements by the applicant
- If issued by States party to the Hague Apostille Convention, an Apostille must be attached. List of States party to the Convention
- If requiring legalization, a special diplomatic legalization procedure must be followed:
- The certificate must be signed by the country's authority on such matters, usually the Ministry of Defence.
- It must then be legalized by the country's Ministry of Foreign Affairs.
- It can later be legalized by the Spanish diplomatic mission to the country or by the country's diplomatic mission to Spain. In both cases, a diplomat's signature is required.
- Lastly, the certificate must be legalized by the Legalization Service of the Ministry of Foreign Affairs, European Union and Cooperation.
- Certificates for returning emigrants
Documents corroborating the work carried out or position of employment held by emigrants returning to Spain from countries where the Spanish Embassy does not have an Office for Labour and which have not signed the Hague Apostille Convention require notarization. These documents must also be legalized by the country's Ministry of Foreign Affairs before they can be legalized by the Spanish diplomatic mission for the corresponding consular district.
- PUBLIC DOCUMENTS ISSUED IN SPAIN TO BE EFFECTIVE ABROAD
- GENERAL RULE:
With the exceptions listed in section two, Spanish public documents must be legalized by the Legalization Service of the Ministry of Foreign Affairs, European Union and Cooperation to be effective in States not party to the Hague Apostille Convention. List of States party to the Convention. They must subsequently be legalized by the diplomatic mission of the country where they are to be effective.
- PRIOR TO DIPLOMATIC LEGALIZATION:
Depending on their source and nature, Spanish public documents require other procedures prior to diplomatic legalization.
Body responsible for legalization by document type - Documents issued by the Spanish Central Administration
Ministry which issued the document - Court documents, such as Civil Register documents and certifications and court rulings
First: High Court of Justice of the Autonomous Communities
Then: Ministry of the Presidency of the Government, Justice and Parliamentary Relations C/ de la Bolsa 8, Madrid, 28071. Legalizations Division of the Ministry of Justice - Documents issued by notaries public, such as deeds, legitimization of signature, certifications and other documents issued by notaries public unless a specific legalization process applies
First: Professional Association of Notaries
Then: Ministry of the Presidency of the Government, Justice and Parliamentary Relations. Legalizations Division of the Ministry of Justice - Academic documents
Procedure varies depending on institution and level of education - Public education:
- University or higher education:
- Official diplomas and certificates relating thereto: Ministry of Universities or High Inspectorate of Education in Central Administration Delegations.
- Non-official courses: legitimization of signature by the notary public where the educational institution has deposited its signature and subsequent legalization as a document issued by a notary public.
- Studies other than higher education: Autonomous Community regional administration's Department for Education or, in the case of Spanish schools abroad, the Ministry of Education.
- Private education: legitimization of signature by the notary public where the private education institution has deposited its signature and subsequent legalization as a document issued by a notary public.
- Trade documents
First: Provincial Chamber of Commerce
Then: Higher Council of Chambers of Commerce - Documents issued by property registrars
First: Professional Association of Property Registrars of Spain
Then: Ministry of the Presidency of the Government, Justice and Parliamentary Relations with. Legalizations Division of the Ministry of Justice - Medical certificates
First: Professional Association of Doctors of the corresponding province
Then: General Council of Professional Association of Doctors of Spain - Health certificates for domestic animals
First: Applicable Central Administration Delegation or Sub-Delegation
Then: Ministry of Agriculture, Fisheries and Food. - Bank documents
First: Bank Central Services
Then: Banco de España - Religious documents
- If issued by the Catholic Church
First: Bishopric or Archbishopric for the area
Then: Apostolic Nunciature - If issued by other religious authorities
Legitimization of signature by the notary public where the religious authority has deposited its signature and subsequent legalization as a document issued by a notary public.
- Documents issued by Autonomous Communities
Unit responsible for legalizations within the administration of the Autonomous Community - Documents issued by local government
Councils of cities, towns, villages, provinces, islands, etc. Ministry of Territorial Policy and Democratic Memory.
Documents issued by Madrid City Council can be legalized directly if they are signed by the competent body. - Spanish documents issued abroad.Diplomatic Missions
Documents issued by Spanish diplomatic missions abroad are only effective in a country after they have been legalized by its Ministry of Foreign Affairs.
4. TRANSLATION OF DOCUMENTS
Article 15.1 of Act 39/2015 of 1 October, on the Common Administrative Procedures of Public Administrations, provides that the language of procedures conducted by the Central Administration is Spanish.
4.1. Official translations
Article 17 of Royal Decree 724/2020, approving the Regulations of the Office of Interpretation of Languages of the Ministry of Foreign Affairs, European Union and Cooperation stipulates which translations are considered official:
Regulation (EU) 2016/1191 provides that, within its scope of application, sworn translations are valid without legalization if made by a person deemed qualified pursuant to the law of a Member State. It also establishes standard multi-lingual forms, to be used as an aid to translation, attached to public documents.
Translations by foreign locals can be legalized by Spanish diplomatic missions abroad after they have been legalized by the country's Ministry of Foreign Affairs. However, it must be taken into account that some Spanish administrations may not accept these translations.
4.2. REQUIREMENTS FOR TRANSLATIONS PRIOR TO LEGALIZATION
Translations of official public documents must meet the following requirements for legalization:
The translator may not modify, sign or stamp original documents.
5. LEGALIZATION IN PRACTICE: MATTERS TO TAKE INTO ACCOUNT
- Legalization by the Legalization Service of the Ministry of Foreign Affairs, European Union and Cooperation is free of charge. Legalization by Spanish diplomatic missions abroad requires the payment of a fee, pursuant to Act 9/2011, on consular fees.
- Legalization is completed by the addition of a rubber stamp with the coat of arms of the Ministry of Foreign Affairs, European Union and Cooperation, the date, and the name and post of the official legalizing the document. The official must then sign the document by hand over the stamp. The official also adds a sticker as an additional proof of authenticity security measure when legalizing foreign documents.
- Legalizations do not expire. However, if the original document is valid for a limited period only, legalization will not extend this period.
6. CIRCUMSTANCES IN WHICH DOCUMENTS MAY NOT BE LEGALIZED
- Only public documents and notarized or publicly registered private documents can be legalized.
- Only original documents or true copies issued by the same body that issued the original document can be legalized. No photocopies or laminated documents can be legalized.
- Documents where the signatory is not acting in the capacity that the document requires cannot be legalized.
- No documents can be legalized if lacking any of the signatures required by the applicable legalization procedure or one of its signatories does not have the necessary powers to legalize the document.
- Only documents bearing handwritten signatures can be legalized. Electronic signatures are not accepted for the purposes of diplomatic legalization.
- The Legalization Service of the Ministry of Foreign Affairs, European Union and Cooperation cannot legalize documents bearing a signature which does not appear in its files.
- No foreign language documents can be legalized unless an official translation is attached.
- No document can be legalized if it is considered to have expired pursuant to applicable Spanish legislation.
- Documents cannot be legalized if they have been tampered with or forged, or have suffered damage which obscures essential details.