Agreement on the Simplification of the Proceedings for the Legalisation of Argentine and Brazilian Public Documents

Among the various agreements and commitments signed by the presidents of Argentina and Brazil during their meeting in Buenos Aires last month, is the Agreement on the Simplification of the Proceedings for the Legalisation of Public Documents (the "Agreement"), that aims at the definitive suppression of the legalisation requirements currently in force in both countries, within the frame of their bilateral integration.

Basically, the Agreement is applicable to public documents issued in the territory of one of the two countries, that are to be presented in the territory of the other, or before its diplomatic or consular agents, even when said agents fulfil their duties in the territory of a country that is not a party to the Agreement.

For the purpose of the Agreement, the following are considered public documents:

a)  administrative documents issued by a public functionary in the exercise of its duties;

b)  public deeds and notarised documents; and

c)  official certifications of signature or of dates in private documents.

As a result, both Argentina and Brazil have agreed to waive any form of consular intervention for the legalisation of the documents enumerated in the Agreement. Therefore, to apply the Agreement, the only formality required for the legalisations of the above-mentioned documents is a stamp that shall be made for free by the competent authority of the country where the document was issued and where the authenticity of the signature, the condition in which the person signing the document has acted and, if applicable the identity of the stamp, appears on the document.

If the authorities in the country where the document is presented have serious and founded doubts about the veracity of the signature, the character in which the signing the document has acted, or the identity of the stamp, they may request information by means of the central authorities. In this case, the request of information is limited to exceptional cases and has to be well founded.

The competent authority to apply the Agreement in Argentina is the Ministry of Foreign Affairs, International Trade and Religion, General Direction of Consular, Juridical and Assisting Affairs. Whereas in Brazil, it is the Ministry of Foreign Affairs, General Direction of Consular, Juridical and Assistance Affairs to Brazilians abroad.

Either of the two countries may temporarily suspend the application of the Agreement in whole or in part for reasons of public order. In such case, the suspension shall be notified by diplomatic means to the other party and the Agreement shall cease to be applicable seventy-two hours as of the reception of the notification.

The Agreement is already in force both in Argentina and in Brazil and either country may repudiate it by diplomatic means. In case of repudiation, the Agreement shall stay in force for a period of sixty days as of the date of the reception of the notification.