The Federative Republic of Brazil has now become a party state to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Treaty or Apostille Convention. This is significant progress for anyone who wants to export goods such as aircraft to Brazil.
Previously, Bills of Sale and other crucial documents that were notarized in the United States could not be legally recognized in Brazil. Like many other states, Brazil could not recognize a document that was notarized outside Brazil until the document underwent a lengthy legalization process to make it formally recognizable in Brazil. First, an exporter had to send his or her notarized documents to their state capital in the U.S., and pay a state agency to issue a certificate stating that the notary stamp on the subject document was in fact affixed by a licensed notary. Second, the exporter had to retrieve the document from the state agency and then take it to the nearest Brazilian Consulate for legalization by Consul staff. The Consulate would then collect a fee and affix document stamps that permitted officials in Brazil to recognize the documents as legally binding. The steps were somewhat lengthy, and added some cost to the export documentation process.
Beginning August 14, 2016, a trip to the Brazilian Consulates in Miami, Chicago or Washington, D.C., are no longer required. Any notarized document that is now properly apostilled by a U.S. state agency in-charge of issuing apostilles will be recognized in Brazil without further action.
See – http://cgwashington.itamaraty.gov.br/en-us/general_information_from_august_14th_2016.xml
Chile will also join the Apostille Treaty effective August 30, 2016.
Mohammad Faruqui is an attorney in Fort Lauderdale, FL, servicing aviation clients throughout the United States and abroad. Mr. Faruqui is a member of the Florida Bar Aviation Law Committee, the International Air Transportation Safety Bar Association, the Lawyer-Pilot Bar Association and the Aircraft Owners and Pilots Association. He serves as a panel attorney on the AOPA Legal Services Plan. Mr. Faruqui has been licensed to practice law in Florida since 2006, and graduated from Nova-Southeastern University Shepard Broad Law Center in 2005. He is an instrument-rated private pilot with experience in Cessna 172s and Cirrus SR-20s.
Mr. Faruqui can be contacted at Mohammad@Aerolawoffices.com or at (954) 641-2220.
All content Copyright (c)2013-Present Aerolaw Offices PLLC