Individuals and entities often need to present documents issued in one country for use in another, whether for personal or business purposes. For example, a corporation establishing a subsidiary or a joint venture company abroad must submit its constitutional documents to the relevant foreign regulator. Similarly, individuals applying for immigration are required to provide copies of their civil records. Each country has its own rules for determining the authenticity and recognition of foreign-issued documents.
Legalization is the formal process of certifying documents so they can be legally recognized in another country. This process often involves multiple authorities, such as foreign ministries and embassies, from both the issuing and receiving countries. Although legalization ensures authenticity, it can be complex and time-consuming, often taking months to complete.
The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague Apostille Convention) simplifies this process. Under the Convention, member countries issue an apostille, a standardized certificate of authentication. Documents authenticated with an apostille in one member country are automatically recognized as valid in all other member countries, eliminating the need for additional legalization.
Pakistan became a party to the Hague Apostille Convention on March 9, 2023. However, international treaties do not automatically have legal force in Pakistan until enabling domestic legislation is enacted. Initially, the Convention was implemented through a presidential ordinance issued on January 29, 2024, which lapsed after its 120-day validity. On September 14, 2024, Parliament enacted permanent legislation—the Apostille Act, 2024 (the Apostille Act)—to formally implement the Hague Apostille Convention in Pakistan.
The Apostille Act gives the provisions of the Hague Apostille Convention the force of law in Pakistan and overrides any conflicting provisions in other laws. Consequently, all public authorities in Pakistan are required to recognize foreign public documents affixed with an apostille under Article 3 of the Hague Apostille Convention. These authorities cannot demand additional legalization of such documents by Pakistani diplomatic or consular agents abroad. However, the Act permits refusal of recognition on specific grounds outlined within its provisions.
The Apostille Act designates the Ministry of Foreign Affairs (MOFA) as the competent authority for issuing apostille certificates for public documents issued in Pakistan for use abroad. MOFA has already commenced issuing these certificates, significantly streamlining the process for document authentication.
Pakistan’s accession to the Hague Apostille Convention marks an important step toward facilitating international trade, investment, and mobility. The simplified document authentication process reduces administrative burdens, enhances efficiency, and strengthens Pakistan’s appeal as a destination for global business. Moreover, the international recognition of apostilled documents issued in Pakistan is expected to support economic and social mobility for Pakistanis, further integrating the country into the global economy.