What is an Apostille in Israel and How does it work?
Important Introductory Notes
Apostilles can be very confusing in Israel for the layperson. This is largely because there are two types of apostilles in Israel: 1) Apostilles issued on ORIGINAL Israeli documents at the Ministry of Foreign Affairs; and 2) Apostilles issued on NOTARIZATIONS of documents at the Magistrate Court (“Hashalom Court” in Hebrew).
To add to the confusion, documents issued digitally are not accepted for physical apostilles at the Ministry of Foreign Affairs because digital apostilles are available online. Further, many places do not accept digital apostilles, and in such case, physical original documents must be obtained in order to bring them to the Ministry of Foreign Affairs. Plus, many documents such as marriage certificates, for instance, require initial certification from the issuing institution (the Rabbinate, in the case of marriage certificates) before they can be brought to the Ministry of Foreign Affairs for apostilles whereas other documents such as many types of business documents are not eligible for apostilles from the Ministry of Foreign Affairs at all, but rather only on notarizations of the documents from the Magistrate Court.
This article attempts to clarify alot of the confusion, but it is impossible to exhaustively go through each and every scenario. The purpose here is to offer a general outline of the process, but not to give specific legal advice. It is important to understand that requirements and procedures are constantly changing, so any information you receive here or anywhere else may have already changed by the time you read this. I do my best to keep this updated, but you should always verify procedure before proceeding.
Finally, note that much of the above applies to all of Israel, but this is from the perspective of Jerusalem based on where our offices are located. Whereas the Ministry of Foreign Affairs is located in Jerusalem, procedures regarding apostilles on notarizations can vary from jurisdiction to jurisdiction.
What is an Apostille in Israel?
In simple terms, an Apostille in Israel is a sticker placed either on an original Israel-issued document such as a birth certificate or death certificate at the Ministry of Foreign Affairs (“MOFA”) and/or on a notarization of a document at the Magistrate Court (as well as some other courts in some jurisdictions but that is beyond the scope of this article).
The purpose of the Apostille, again in simple terms, is for countries that are signatories to the Hague Convention (click here to see a list of all signatory countries and learn more generally about Apostilles) to allow one another to accept one another’s documents and notarizations. The Apostille signifies that the document and/or notarization is “Kosher” for all intents and purposes.
Are Apostilles available digitally?
Th short answer is yes. However, the reality is that as of the date of this writing, many, if not most parties, do not accept digital apostilles. That said, many do, so it’s often worth trying and/or clarifying with the receiving party if the digital apostille is accepted.
What is the procedure for obtaining a digital Apostille from MOFA?
The first step is to determine if the certificate itself which you require is available to be obtained digitally. Currently, as of this writing, the following documents can be obtained digitally:
- Birth Certificates
- Population Extracts (“Tamzit Rishum” in Hebrew)
- Marriage Certificates
- Death Certificates
- Matriculation (“Bagrut” in Hebrew) Certificates
- Criminal Background Check Certificates
Unfortunately for English speakers, the website of the MOFA is better in Hebrew than English, so I do suggest checking the Hebrew website versus the English one for more information here. You can hopefully utilize a translation tool to assist if you do not understand Hebrew.
If your document is one of those which is available digitally (and, again, assuming the receiving party accepts digital apostilles), then you can enter the personal area of the government website and order the digital certificate as well as the accompanying digital apostille at a fee of 41 NIS which can be paid online. Here are more links in this regard, again, in Hebrew unfortunately:
Personal Area of Government Website
What is the procedure for obtaining a digital Apostille on Notarizations
As of this writing, only electronic notarizations can obtain digital apostilles. Again, as of this writing I have found that virtually none of the receiving parties accept digital apostilles on notarizations, and therefore I do recommend obtaining physical apostille stickers at the Magistrate Court. However, the above page on Electronic Apostilles does have information about digital apostilles on notarizations as well.
What is the procedure for obtaining a physical Apostille from MOFA?
If your document is not one which is available digitally, but is one that is eligible for a physical apostille from MOFA (see here to check if the document you need is eligible for an Apostille - there is a list there as well as a list of requirements before you can bring the document to MOFA) then you must obtain the original Israel-issued document from the issuing institution (i.e. a hard original versus digital) and, subject to being a document that requires initial certification from the issuing body (e.g. the Rabbinate for marriage certificates and the Ministry of Education for Matriculation Certificates, etc.) bring it to MOFA during their open hours. MOFA is located in Jerusalem across from Cinema City at Sderot Yitshak Rabin 9. It’s better to pay the 41 NIS fee per apostille in advance which you can do here. You can check the MOFA website for its days and hours of operation here.
IMPORTANT NOTE: AS OF THIS WRITING, DURING WAR TIME, APPOINTMENTS AT MOFA ARE AVAILABLE ON AN URGENT BASIS ONLY BY ADVANCED SCHEDULED APPOINTMENT. CONTACT US TO LEARN MORE.
What is the procedure for obtaining a physical Apostille from the Magistrate Court?
Generally, the Magistrate Court is open Sunday-Thursday between the hours of 8:30 a.m. to 1:30 p.m. The Magistrate Court in Jerusalem is located at 6 Shneur Kheshin Street. You do not need an appointment. You must bring the notarized document (i.e. with red ribbon and Notary seal). There is a 41 NIS fee per apostille. Note, payment for these apostilles, is different than payment for apostilles at MOFA so ensure to not mistakenly pay for a MOFA apostille. The correct place to pay for Magistrate Court apostilles is here.
IMPORTANT NOTE: AS OF THIS WRITING, DURING WAR TIME, MAGISTRATE COURT APOSTILLES IN JERUSALEM ARE AVAILABLE ON EMERGENCY BASIS ONLY AT BEIT HADFUS 12 IN GIVAT SHAUL. THE COURT STAFF ARE VERY HESITANT, IN MY EXPERIENCE, TO GRANT EMERGENCY APOSTILLES.
Which Apostille do I need for my document?
The answer to this will depend on the circumstances. We have already discussed above the difference between digital and physical apostilles.
Let’s say the receiving party simply asks for an “Apostille” which often happens. In such instance, you can either clarify with the receiving party, or try for one or both of the available Apostilles depending on the circumstances. For instance, if the document that you wish to obtain an Apostille on is not one that is eligible for apostilles from MOFA, then the only possibility for obtaining an Apostille on it will be by way of notarization of the document such as a certified/notarized copy of it and apostille on the notarization from the Magistrate Court.
However, some documents are eligible for both types of Apostilles. Take the example of a death certificate. Often times, the receiving party does not even request an Apostille. However, often they do want an Apostille as well as a notarized translation of it. In such instance, then both an Apostille on the original death certificate can be obtained from MOFA as well as an Apostille on the notarized translation of the Death Certificate can be obtained from the Magistrate Court. So, you can have 2 apostilles for the same package (i.e. an Apostille on the original death certificate and an Apostille on the notarized translation of the original death certificate).
It should be note that certain transactions that require apostilles are specifically with notarizations in mind. For instance, if you have a property in the USA that you are selling, and you are asked to have your signature notarized on closing documents, then the only possible apostille is on the notarized signature authentication from the Magistrate Court.
Do I need to be a Notary to obtain an Apostille?
The short answer is no. For Apostilles from the Magistrate Court, you do not need to be a notary, but you do need to have a notarization from a Notary. So, do NOT go to the Magistrate Court without first having obtained the notarized document from the Notary with the red ribbon and seal.
It should be noted that using a Notary can save you alot of time and aggravation trying for the wrong apostille or having difficulty obtaining the right one. However, if you do wish to try on your own, then hopefully the above information has been helpful. Good luck!
