Legalization is a formal process to legally recognize commercial and legal documents from the United States. It assures the receiving country that the documents are genuine. This can be done at an embassy or consulate in the U.S. or by using an Apostille, which is authentication of the documents by the State Department or a state's Secretary of State office.
The Apostille process is easier and cheaper than the legalization process through an embassy, and the Hague Apostille Convention replaces the need for the legalization process in the 125 countries that have ratified that convention. Here are the Apostille requirements.
Most common export documents, such as certificates of origin and commercial invoices, typically do not require legalization. However, legalization may be needed for some corporate and legal documents, including a certificate of free sale, and federally issued documents such as those issued by the U.S. Food and Drug Administration and the Patent and Trademark office. You'll find a country-by-country list of these requirements here.
In most cases, if a country requires a certificate of origin it can be stamped by a chamber of commerce in the country of export. These documents are "chamberized" by the chamber's stamp. They do not usually need to be notarized. The International Chamber of Commerce (ICC), which is the organization that governs certificates of origin requirements, is encouraging exporters to move from a paper certificate to an electronic certificate of origin (eCO). An eCO helps ensure the validity of the certificate because it not only adds a chamber's seal to the document, it is registered with the ICC, so customs authorities around the world can confirm the authenticity of the document. You can quickly and easily get an eCO stamped by a chamber here.
While it is not usually required, sometimes a country's customs authority will ask that the exporter have a chamber stamp additional documents like the commercial invoice and other documents like a packing list. An exporter should always work with their foreign buyer and foreign agent to confirm what documents are required, what information is needed on those documents, and who will prepare them. Depending on how an exporter will get paid for their goods, they may also need to include their bank in these discussions to ensure they satisfy those requirements.
Sometimes exporters get requests for non-standard export forms or for unusual information or certification on the export paperwork that are outside the normal scope of export documentation, including the use of a corporate seal. While some of these requests may be legitimate, we usually counsel exporters who get these special requests to ask the importer or the importer’s agent for links to the regulatory requirement for these unique forms, data or certifications. More often than not, they reflect an outdated business practice that has been passed down over time without a reexamination of the requirement.
Understanding the difference between legalization and Apostilles, along with knowing when these processes are truly necessary, can save exporters time and money. Another way: Shipping Solutions export documentation and compliance software.
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