Introduction
The legalisation of documents in the UAE follows the Non-Hague Convention path. This involves that documents leaving or arriving the UAE (marriage certificates, birth certificates, company documents, academic records, powers of attorney, etc) will need to go through several desks in the country of origen (be it the UAE or not) and in the country of arrival.
In this publication we will concentrate on the UAE part of documents reaching and leaving Dubai. You will need to keep in mind that the data that is not covered will depend on the country of origen of the Document (if the UAE is the destiny country) or the country to where the document will be sent to fulfil a purpose.
What is The Hague Convention?
The Hague Convention is a series of international treaties that aim to simplify and standardize the process of authenticating and legalizing documents for use across borders. The conventions cover various aspects of international law, but one of the most well-known is the Hague Apostille Convention, officially titled the “Convention Abolishing the Requirement of Legalization for Foreign Public Documents.”
The Hague Apostille Convention, which came into force in 1965, simplifies the process of authenticating documents for use in countries that are parties to the convention. It introduced the apostille, which is a certificate that authenticates the origin of a public document, such as birth certificates, marriage certificates, court documents, and notarized deeds.
Under the Apostille Convention, documents issued in one member country are certified for legal purposes in all other member countries without the need for additional legalization or authentication. This simplifies procedures for international transactions, such as adoptions, marriages, academic enrollments, and business transactions.
However, it’s important to note that not all countries (UAE being one of them) are parties to the Hague Apostille Convention. In cases where documents need to be recognized between countries that are not parties to the convention, the authentication and legalization process follows different procedures.
We address them below.
Steps for Documents Originating the the UAE
Issuance or Notarisation
Different documents will have different origins, examples:
- Powers of attorney will be initiated at a Notary’s office (even virtual office).
- Academic records at the issuance authority or institution
- Court Records at the respective Court.
- Corporate documents at the given free zone or economic department.
Authentication
After notarisation or issuance, the document may need to be authenticated by the appropriate authority in the UAE, sometimes two authorities.
If we take the same example as above:
- Powers of attorney (POA) will need to be attested by the UAE Ministry of Foreign Affairs.
- Academic records at KHDA then the UAE Ministry of Foreign Affairs.
- Court Records at the Ministry of Justice then the UAE Ministry of Foreign Affairs.
- Corporate documents at the given free zone or economic department then the UAE Ministry of Foreign Affairs.
Attestations in MOFA have a cost of AED 150 (excluding transports) or AED 2,000 based on whether documents are for personal or corporate use. Broadly written powers of attorney may likewise bear the higher fee. It is very important to know your options when drafting powers of attorney to avoid the higher fee when possible.
Legalisation
Once authenticated, the document will need to be legalised by the embassy or consulate of the receiving country. Each embassy may have different requirements, the moreover in terms of translations. Some embassies accept the document as is, in arabic or English, others will make it a must that the document is translated and a new authentication of the transaction takes place prior to them legalising the original document and/or the translation.
This step confirms the validity of the authentication process and ensures the document will be recognised in the destination country.
Steps for Documents Arriving to the UAE
Document originating in foreign countries will need to follow steps similar to the above actions to be taken in the UAE when the document originates in the UAE. One step irrespective of the country or origin of the document that will be the same will be the last stamp which will need to be the stamp of the UAE Embassy in the originating country.
Once the document arrives or documents arrive to the UAE they will need to close the legalisation cycle by obtaining the stamp of the Ministry of Foreign Affairs in the UAE. This last stamp confirms the validity of the authentication process and ensures the document will be recognised in the UAE.
Conclusion to Legalisation of Documents in UAE
Legalisation of documents in the UAE is relatively simple and straight forward when handled by experts on the subject. We often assist clients that have tried to do it themselves when time is of essence or without expert assistance. We strongly recommend the early onboarding of competent consultants to ensure that the steps are undertaken as soon as the timings of the Embassies and authorities permit.
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We hope this publication will help you understand the legalisation of documents in the UAE (to/from) and remain available for any questions regarding this post of general application.
For more information published in English you can visit all our publications at this link as well as the videos in English of our Partner Maria Rubert.
*The information on this page is not intended to be legal advice. This article is intended to provide an initial introduction to understand the legalisation of documents in the UAE (to/from).