NASS Resolution Recommending that States Implement a Process for Issuing Electronic Apostilles

Adopted July 10th, 2022

Republican Co-Sponsors:
Hon. Kyle Ardoin, R-LA
Hon. Al Jaeger, R-ND

Democratic Co-Sponsors:
Hon. Shenna Bellows, D-ME
Hon. Nellie Gorbea, D-RI

Whereas the creation of electronic documents has become the rule rather than the exception in recent years; and

Whereas the volume of public documents executed and notarized throughout the world using electronic means is increasing significantly; and

Whereas domestic and international commerce depend on readily-available electronic tools and processes; and

Whereas the Hague Conference on Private International Law (HCCH) is actively encouraging contracting states and contracting parties to the Apostille Convention to adopt eAPP program and implement eApostilles and eRegisters; and

Whereas the number of contracting parties to the Hague Apostille Convention issuing electronic apostilles are increasing; and

Whereas the overwhelming impact of the COVID-19 pandemic has presented unprecedented challenges to competent authorities throughout the United States to respond to the requests to issue apostilles and apostilles on paper documents; and

Whereas it is good public policy for competent authorities to proactively plan for exigent disruptions to the provision of essential services to their constituents in an in-person setting; and Whereas businesses and the general public around the world stand in need of authenticated public documents at all times and especially in time of great need as the COVID-19 pandemic;

Therefore, be it resolved, that the Notary Public Administrators’ Section of the National Association of Secretaries of State strongly recommends that all competent authorities of US states, US territories and the District of Columbia adopt and implement a process by which electronic apostilles can be issued securely and such issuance be electronically documented for preservation and verification.

EXPIRES: Summer 2027