Issues Considered by the Philippines for Accession to the Apostille Convention

Transcription

1 2013/SOM3/EC/WKSP/009 Issues Considered by the Philippines for Accession to the Apostille Convention Submitted by: Philippines Workshop on Simplified Authentication Process for Production of Public Documents Abroad Through the Use of the Hague Apostille Convention Medan, Indonesia 27June 2013

2 Presented by: Mr. Jaime Victor B. Ledda Assistant Secretary Office of Consular Affairs Department of Foreign Affairs Philippines PARTNER GOV T AGENCIES: DEPED CHED TESDA Authentication Chain of PHL documents without Apostille Convention: lengthy, costly DOH LTO NBI PRC ATO 1 st Certification Authority/officer/agency (All Partner Agencies) 2 nd Certification Authority/officer/agency ( Department of Foreign Affairs) - Prepares Authentication Certificate - Release the Public Document with attached Authentication Certificate - Signs Authentication Certificate DOCUMENT READY TO BE USED ABROAD 3 rd Certification Authority/officer/agency (e.g. Foreign Embassies / Consulates based in Philippines) 1

3 -Verifies authenticity of signature of - Documents with DFA Main Office Current Verification Process (Foreign Service Posts) Foreign Embassies Applicants Philippine Foreign Mission DFA Main Office -Embassies presents docs to the receiving state -Receives confirmation -Applicants presents docs to the receiving state -Receives confirmation - Receives documents from Embassies / Applicants - Verifies authenticity of signatures of documents with DFA Main office. - Authenticates document to be issued to applicant -Verifies authenticity of signature of documents -Receives Documents for Host / Receiving State MFA / Receiving States - Accepts documents from embassies /applicants - Request verification from DFA Simplified Legalization of public documents with the Hague Apostille Convention DEPED CHED Country of ORIGIN of Document (PHL) TESDA PRC DOH SEC LTO NBI DTI PUBLIC DOCUMENT Department of Foreign Affairs (Competent Authority) to issue, to affix, and to register Apostille Certification DOCUMENT READY TO BE USED NSO PCCI Country of DESTINATION of Document (Contracting Party) 2

4 Philippine Authentication Issuance from year 2005 to , , , , , ,000 Regular Express 200, , Quantity of Documents Processed for the year 2012 Year Total = 764,074 3

5 Authenticated Documents from PHL Gov t Agencies for the year 2012 Regional Statistics of Filipinos Abroad (as of December 2012) REGION ESTIMATED NUMBER Americas 4,283,372 Asia and Pacific 2,078,383 Europe 782,878 Middle East & Africa 2,830,047 GRAND TOTAL 9,974,680 Source: Office of Undersecretary for Migrant Workers Affairs, DFA 4

6 Regional Statistics of Authenticated Documents from Philippine Foreign Service Posts (PFSPs) (as of December 2012) PHL Foreign Service Post Hong Kong PCG 98, ,111 Los Angeles PCG 28,001 17,115* Seoul PE 9,969 9,114 Sydney PCG Tokyo PE 1,981 2,419 *Los Angeles PCG Partial Qty. (January to July 2012) Consular Services Philippine Consulate General Hong Kong For the year 2011 to 2012 Visa, 6,195 Passport, 60,126 Authentication 214,460 5

7 Consular Services Philippine Consulate General Los Angeles For the year 2011 to 2012 Visa, 4,459 Authentication, 45,116 Passport, 53,867 Consular Services Philippine Embassy Seoul For the year 2011 to 2012 Passport, 11,672 Visa, 23,630 Authentication, 19,083 6

8 Consular Services Philippine Consulate General Sydney For the year 2011 to 2012 Visa, 3,607 Authentication, 1,101 Passport, 7,812 Consular Services Philippine Embassy Tokyo For the year 2011 to 2012 Authentication, 4,400 Visa, 3,729 Passport, 41,002 7

9 BENEFITS PHL Challenges & Actions EFFICIENCY Easier facilitation of Authentication for government issued public documents. EFFECTIVENESS Replacement of cumbersome process of legalization of public documents. Wider scope of document validity with onehundred five (105) contracting parties as of May 1, (New Members: Nicaragua and Bahrain) BENEFITS PHL Challenges & Actions SECURITY Risk aversion of falsified documents. Documents can be easily monitored and detected. Assignment of a Competent Authority (CA) to issue, affix and register Apostille delimits falsification of documents. 8

10 BENEFITS PHL Challenges & Actions BUSINESS & TRADE Encourage foreign investments and trade. Global business environment thrives on fastpaced transactions, Apostilles of documents can be verified online and in real time. Apostille brings the Philippines to a good standing in the aspect of document credibility in the International scope. BENEFITS PHL Challenges & Actions BUSINESS & TRADE The 2010 World Bank Investing Across Borders (IAB) report (the report which measures foreign direct investment (FDI) based on legal and regulatory framework) states the following: 1. Apostille facilitates processing of foreign public documents for companies which are starting up business in host State. 2. World Bank recommends States to join the Convention to improve legal and regulatory framework that could boost the State s FDIs. 9

11 BENEFITS PHL Challenges & Actions Great advantage for Overseas Filipino Workers (OFWs) Streamlined process of legalisation greatly benefits OFWs in terms of convenience and lower cost. OFWs will be able to process their public documents without having to travel from agency to agency to gather certifications and transmit documents. Cost for Apostille greatly discounts the cost of travelling. APOSTILLE FUNDAMENTALS BENEFITS CHALLENGES Future Enhancement of Authentication Service of the Philippines: The Hague Convention of 1961 (Apostille Convention) PHILIPPINE APOSTILLE CHALLENGES 1. Formalization of PHL Accession to Apostille Convention within six (6) months. 2. Forum on Accession to Apostille Convention with relevant government authorities, embassies & consulates, court, notary public. 3. Inter agency meeting with partner issuing government agencies. 4. Determination of public documents to be Apostillized. 10

12 APOSTILLE FUNDAMENTALS BENEFITS CHALLENGES Future Enhancement of Authentication Service of the Philippines: The Hague Convention of 1961 (Apostille Convention) PHILIPPINE APOSTILLE CHALLENGES 5. Designation of one (1) or more authorities that are competent to issue Apostilles. 6. Establishment of Apostille Information Technology (IT) Infrastructure. 7. Appropriation of Budget. 8. Working facilities compatible with Apostille IT Infrastructure. 9. Signing of MOA for Partner Issuing Government Agencies. Department of Foreign Affairs Maraming Salamat po! (Thank You!) 11