As of 2024, there are about 51 countries in the world have not joined the Hague convention. The following countries are not members of the Hague Apostille Convention and Legalization of South African Documents For Foreign Countries Not in the Hague Convention require a certificate of authentication from the Department of international relations and cooperation (DIRCO).
It’s important to note that the status of countries with regard to international treaties can change over time, so it’s advisable to consult the most recent information from a reliable source or the Hague Conference on Private International Law for the most up-to-date list.
List of Foreign Countries Not in the Hague Convention
- Afghanistan
- Algeria
- Angola
- Bangladesh
- Benin
- Burkina Faso
- Cambodia
- Cameroon
- Canada (will start to issue apostille from Jan 2024)
- Congo (R)
- Congo (D)
- Cote d’Ivoire
- Cuba
- Egypt
- Eritrea
- Ethiopia
- Ghana
- Guinea
- Haiti
- Iran
- Iraq
- Jordan
- Kenya
- Kuwait
- Laos
- Lebanon
- Libya
- Madagascar
- Malaysia
- Mali
- Mauritania
- Nepal
- Niger
- Nigeria
- Palestine
- Qatar
- Rwanda (will accept Apostille from June 5, 2024)
- Sierra Leone
- Sri Lanka
- Sudan
- Syria
- Taiwan
- Tanzania
- Togo
- Thailand
- Turkmenistan
- United Arab Emirates (UAE)
- Uganda
- Vietnam
- Yemen
- Zambia
- Zimbabwe
Legalization of South African Documents For Foreign Countries Not in the Hague Convention
Legalising documents in South Africa for use in non-Hague Convention countries involves a process called document authentication and embassy legalisation. Here’s an overview of how to legalise documents for use in non-Hague Convention countries:
- Contact the Destination Country’s Embassy or Consulate
Start by researching and identifying the specific requirements for document legalisation in the destination country. Contact the foreign country’s embassy or consulate in South Africa for detailed information on their legalisation procedures, including fees and processing times.
- Notarization (if Applicable)
In many cases, the documents you need to use abroad must first be certified by a notary. This step guarantees the authenticity of your document. The documents are signed and/or authenticated by the Notary Public by means of a certificate of authentication, which must be attached to the documents and bear the Notary Public’s signature, stamp and seal. The documents are then forwarded by the Notary to the High Court in the area where the Notary practises, where the court or other competent authority will attach a certificate to authenticate the Notary’s signature.
- DIRCO certificate of Authentication
After notarisation, the document must be submitted to the Legalisation Section of the Department of International Relations and Cooperation (DIRCO) in Pretoria for legalisation. DIRCO will affix a certificate of authentication to the legalised document.
- Authentication by the Destination Country’s Embassy or Consulate
Once your documents have been authenticated by Dirco, you will need to present them to the embassy or consulate of the destination country. They will further verify the authenticity of the documents and affix their own certification or seal.
If the documents are in a language other than the official language of the destination country, you may need to have them translated by a certified translator before submitting them to the embassy.
Authentication by Dirco is free of charge, but most embassies charge for the consular service.
Global apostille – Your legalisation Partner
The difference between Hague and non-Hague countries lies in the authentication process of documents for international use. Hague countries benefit from the streamlined apostille procedure, which simplifies cross-border document recognition. Non-Hague countries, however, require embassy or consulate legalization, which can be more time-consuming and cumbersome.
Understanding these distinctions is vital for individuals, businesses, and legal entities dealing with international documents. Whether obtaining an apostille or going through embassy legalization, it is essential to consult with experts in the field like Global Apostille to ensure compliance with the specific requirements of the destination country. By following the appropriate authentication process, you can ensure the validity and acceptance of your documents worldwide.
