Apostille and Legalisation in Bosnia and Herzegovina
What is an Apostille?
Apostille
in Bosnia and Herzegovina
In simple terms, the Apostille is the certification or legalisation of public documents used in international legal transactions. By certifying a document with the „Apostille“, private documents are also certified (power of attorney, diplomas, certificates, birth certificate, marriage certificate, certificates of free marital status, extract from the register of deaths …). This confirms the authenticity of the seal and the signature of the official on the document, but not the content of the document. The Apostille is therefore applied to such documents only when they are required for use in a country other than Bosnia and Herzegovina.
Foreign public documents within the meaning of the Hague Convention of 5 October 1961 are considered to be:
a) documents issued by a court or an official connected with the state courts or the public prosecutor, a court registrar or a bailiff („huissier de justice“);
b) administrative documents;
c) notarial documents;
d) official certifications placed on private documents, such as notes on registration, certification of the accuracy of a date, and certification of signatures.
This Convention, however, does not apply:
a) to documents issued by diplomatic or consular agents;
b) to documents of administrative authorities relating directly to commercial or customs operations.
In Bosnia and Herzegovina the „Apostille“ is issued by the municipal or basic courts (for example, by the Municipal Court in Sarajevo, Tuzla and Mostar, and the Basic Court in Banja Luka); if there is no treaty within the meaning of the Hague Convention between Bosnia and Herzegovina and another state, the document must be legalised through the full legalisation procedure at the Ministry of Foreign Affairs of Bosnia and Herzegovina.
For the legalisation of documents in international transactions (documents issued abroad to be used in Bosnia and Herzegovina, and documents issued in Bosnia and Herzegovina to be used abroad), the Ministry of Foreign Affairs and the diplomatic missions and consular offices abroad are competent.
As a rule, the municipal court issues the Apostille.
Citizens are often unsure whether to first have a certified translation made and submit the bound document for certification (issuance of the Apostille), or the other way around: first obtain the Apostille and then have everything translated into the target language, and whether the document needs to be certified by a notary. Each institution has its own specific requirements, so we advise clients to enquire in advance with the institution to which the certified translation is submitted as to how the translation should be certified, whether the original or a copy of the document should be bound with the translation, and whether a translation made in Bosnia and Herzegovina is recognised at all.
How to certify a document before a court in BiH
The certification procedure is essentially the same in all courts in Bosnia and Herzegovina, regardless of whether you certify the document in Sarajevo, Tuzla, Mostar or Banja Luka:
1. Before coming to the court, be sure to bring: an identity card or travel document and the original of the document you wish to certify.
2. After you have obtained the documents you wish to certify: bring them to the court and report to the court registry to the senior certification clerk, who will examine the documents and give you detailed instructions regarding certification.
3. A court fee is paid for each certification, determined by the type of certification (signature, handwriting, transcript, statement, translation).
Frequently asked questions about the Apostille
The most common questions from citizens and clients in the diaspora about certifying documents with the Apostille in Bosnia and Herzegovina.
Where is the Apostille issued in Bosnia and Herzegovina?
In Bosnia and Herzegovina the Apostille is issued by the municipal (basic) courts. As a rule, the document must be submitted to the court with jurisdiction over the seat of the authority that issued it (for example, for a diploma the court in whose area the educational institution is located, and for a civil-status extract the court at the place of registration). If there is no treaty within the meaning of the Hague Convention between Bosnia and Herzegovina and the other state, the document is legalised through the full legalisation procedure at the Ministry of Foreign Affairs of BiH.
Should the document first be translated and then apostilled, or the other way around?
As a rule, the Apostille is first placed on the original document at the competent court, and only afterwards is the certified translation made by a court interpreter. Some states, however, require the Apostille both on the original and on the translation. We therefore recommend that, before certification, you check with the foreign institution to which the document will be submitted whether the Apostille is required only on the original, only on the translation, or on both documents.
How much does the Apostille cost and how long does issuance take?
A court fee is paid for certification with the Apostille, determined by the type and number of documents. The amount of the fee is not the same in all courts in Bosnia and Herzegovina: in some courts it is about 10 KM per document, while in others it is higher or lower. The municipal court usually issues the Apostille on the same or the next working day after the document is submitted; the exact amount of the fee is best checked with the specific court.
For which countries is an Apostille not required on documents from BiH?
On the basis of bilateral treaties concluded by BiH, an Apostille is generally not required for documents used in Croatia, Serbia, Montenegro and Türkiye. In addition, through notification of succession BiH has assumed a number of treaties of the former SFRY on exemption from legalisation (Austria, Belgium, France, Italy, the Czech Republic, Slovakia and other countries). Since the application of these treaties varies in practice, we recommend checking for each specific country and type of document.
Does the Apostille have an expiry date?
The Apostille has no expiry date: once a document has been certified it remains certified and the stamp does not cease to be valid with the passage of time. The document itself, however, may have a validity period (for example a criminal-record certificate or a certificate of free marital status), so the required document should be obtained in accordance with the requirements of the institution to which it is submitted.
Which documents can be certified with the Apostille?
The Apostille certifies public documents issued in Bosnia and Herzegovina: secondary-school and university diplomas, extracts from the civil registers (of births, marriages and deaths), certificates of citizenship and of no criminal record, powers of attorney, as well as certified translations by court interpreters. For example, a diploma issued in Tuzla is certified by the competent municipal court. Copies of documents can be certified only after they have first been certified by a notary or at the competent municipality.
Which court has jurisdiction for the Apostille in Sarajevo, Tuzla or Banja Luka?
The Apostille is always issued by the court at the seat of the authority that issued the document. In the Federation of Bosnia and Herzegovina these are the municipal courts (for example in Sarajevo, Mostar and Zenica), and in Republika Srpska the basic courts (for example in Banja Luka and Bijeljina); in the Brčko District the Basic Court of Brčko has jurisdiction. If you are not sure which court has jurisdiction, it is best to ask the authority that issued the document.
Does the Apostille also confirm the content (truthfulness) of the document?
No. The Apostille confirms only the authenticity of the seal and the signature of the official on the document, as well as the capacity in which that person acted, but not the content of the document itself. This means that the Apostille does not guarantee that the data in the document are correct, but only that the document was issued and signed by an authorised authority in Bosnia and Herzegovina.
How is a foreign document certified for use in Bosnia and Herzegovina?
A document issued abroad that is used in Bosnia and Herzegovina must be certified with the Apostille in the state that issued it, if that state is a party to the Hague Convention. If the state is not a party, full legalisation is carried out through the diplomatic and consular missions. The foreign document is then translated in BiH by a court interpreter. For countries with which BiH has a treaty on legal assistance (Croatia, Serbia, Montenegro and others), certification is usually not required.
Can you obtain and certify documents for clients in the diaspora without their travelling to BiH?
Yes. With a proper power of attorney, the office obtains extracts, certificates and other documents throughout Bosnia and Herzegovina for clients from Germany, Austria, Switzerland, the Netherlands and other countries, arranges certification with the Apostille at the competent court and the certified translation, so that the client usually does not have to travel to Bosnia and Herzegovina. In this way documents from Bosnia and Herzegovina are prepared for use abroad without travel.
List of countries whose documents do not require an Apostille in BiH
(they are recognised directly in Bosnia and Herzegovina) – according to data on concluded bilateral treaties from the website of the Ministry of Justice of BiH. Exemption from legalisation on the basis of:
– bilateral treaties concluded by BiH (with the countries listed under Nos. 1–4);
– bilateral treaties concluded by the former SFRY and assumed by BiH through notification of succession (from No. 5 onward).
1. CROATIA 2. SERBIA 3. MONTENEGRO 4. TÜRKIYE
Note: BiH has concluded treaties on legal assistance with North Macedonia and Slovenia which also include the mutual recognition of public documents without legalisation and without an Apostille.
5. AUSTRIA – Agreement between the FPRY and the Republic of Austria on mutual legal relations of 16.12.1954 (published in the «Official Gazette of the FPRY» – Supplement No. 8/55, entered into force on 13.12.1955);
6. BELGIUM – Convention between the SFRY and the Kingdom of Belgium on the issuance of civil-status extracts and exemption from legalisation of 24.09.1971 (published in the «Official Gazette of the SFRY» No. 55/72, entered into force on 01.12.1972); Agreement between the SFRY and the Kingdom of Belgium on legal assistance in civil and commercial matters of 24.09.1971 (published in the «Official Gazette of the SFRY» – Supplement No. 7/74, entered into force on 01.06.1972);
7. BULGARIA – Agreement between the FPRY and the People's Republic of Bulgaria on mutual legal assistance of 23.03.1956 (published in the «Official Gazette of the FPRY» – Supplement No. 1/57, entered into force on 17.01.1957);
8. CZECH REPUBLIC – Agreement between the SFRY and the Czechoslovak Socialist Republic on the regulation of legal relations in civil, family and criminal matters of 20.01.1964 (published in the «Official Gazette of the SFRY» – Supplement No. 13/64, entered into force on 02.08.1964). With the dissolution of Czechoslovakia two new states arose, the Czech Republic and the Slovak Republic, so this Agreement now applies to both of these states;
9. SLOVAKIA – see the previous item.
10. FRANCE: „Documents issued by a court or other competent authority of one of the contracting parties and official statements, such as notes on the entry of an act in public registers, certification of the accuracy of a date, certification of signatures placed on private documents, as well as certifications of copies, are exempt from legalisation or authentication (Apostille) when they are to be used in the territory of the other contracting party.“ (Convention between the SFRY and the French Republic on the issuance of civil-status documents and exemption from legalisation of 29.10.1969 – the part relating to legal assistance; published in the «Official Gazette of the SFRY» – Supplement No. 3/71, entered into force on 01.11.1970);
11. GREECE – Convention between the FPRY and the Kingdom of Greece on mutual legal relations of 18.06.1959 (published in the «Official Gazette of the FPRY» – Supplement No. 7/60, entered into force on 31.03.1960);
12. ITALY – Convention between the FPRY and the Italian Republic on mutual legal assistance in civil and administrative matters of 03.12.1960 (published in the «Official Gazette of the FPRY» – Supplement No. 5/63, entered into force on 20.01.1967);
13. CYPRUS – Agreement between the SFRY and the Republic of Cyprus on legal assistance in civil and criminal matters of 19.09.1984 (published in the «Official Gazette of the SFRY» – International Treaties No. 2/86, entered into force on 15.02.1980);
14. HUNGARY – Agreement between the SFRY and the People's Republic of Hungary of 07.03.1968 on mutual legal relations (published in the «Official Gazette of the FPRY» – Supplement No. 3/68, entered into force on 18.01.1969);
15. POLAND – Agreement between the FPR of Yugoslavia and the People's Republic of Poland on legal relations in civil and criminal matters of 6 February 1960 (published in the «Official Gazette of the SFRY» – Supplement 3/56);
16. ROMANIA – Agreement between the FPRY and the Romanian People's Republic on legal assistance of 18.10.1960 (published in the «Official Gazette of the FPRY» – Supplement No. 8/61, entered into force on 01.10.1961). An additional Protocol of 21.01.1972 was also concluded, published in the «Official Gazette of the SFRY» – Supplement No. 4/73;
17. RUSSIAN FEDERATION – Agreement between the FPRY and the USSR on legal assistance in civil, family and criminal matters of 24.02.1962 (published in the «Official Gazette of the FPRY» – Supplement No. 5/63, entered into force on 26.05.1963). The Russian Federation assumed this Agreement as the legal successor of the USSR;
18. UKRAINE AND BELARUS have expressly confirmed the assumption of this Agreement, and tacitly so have some other states that arose in the territory of the former USSR;
19. MONGOLIA – Agreement between the SFRY and the Mongolian People's Republic on the provision of legal assistance in civil, family and criminal matters of 08.06.1981 (published in the «Official Gazette of the SFRY» – International Treaties No. 7/82, entered into force on 27.03.1983);
20. ALGERIA – Agreement on legal assistance in civil and criminal matters between the SFRY and the Democratic People's Republic of Algeria of 31 March 1982 (published in the «Official Gazette of the SFRY» – International Treaties No. 2/83, entered into force on 20.12.1984).
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