Apostille Convention - Abuse

Abuse

The Apostille does not give information regarding the quality of the document, but certifies the signature (and the capacity of who placed it) and correctness of the seal/stamp on the document which must be certified. In 2005 The Hague Conference surveyed its members and produced a report in December 2008 which expressed serious concerns about Diplomas and Degree certificates, titled "THE APPLICATION OF THE APOSTILLE CONVENTION TO DIPLOMAS INCLUDING THOSE ISSUED BY DIPLOMA MILLS". The possible abuse of the system was highlighted "Particularly troubling is the possible use of diploma mill qualifications to circumvent migration controls, possibly by potential terrorists." (page 5) The risk comes from the fact that the various government stamps give the document an air of authenticity without anyone having checked the underlying document. "An official looking certificate may be issued to a copy of a diploma mill qualification, and then subsequently issued with an Apostille, without anyone having ever verified the signature on, let alone the contents of, the diploma." (page 7) Further member states indicated "they would be obliged to issue an Apostille for certification of a certified copy of a diploma issued by a diploma mill". (page 15) The Hague Conference expressed concern as to whether this issue could affect the entire convention. "...the Apostille does not 'look through the certification' and does not relate to the diploma itself .... There is a clear risk that such practices may eventually undermine the effectiveness and therefore the successful operation of the Apostille Convention". (page 5)

In February 2009 the Hague Conference decided to amend the wording on the Apostille to make it clear that no one was checking whether the document being attested was genuine or a fake. The new wording to be used was as follows. "This Apostille only certifies the signature, the capacity of the signer and the seal or stamp it bears. It does not certify the content of the document for which it was issued."