📖 See also : translating American documents · apostille or legalisation · Hague Apostille Convention
The United States is a member of the 1961 Hague Apostille Convention. Your American documents intended for use in Belgium therefore do not require consular legalisation : a single apostille is enough to authenticate them. The crucial point, however, is knowing which authority issues that apostille, because in the United States it is sometimes federal and sometimes at state level. This guide explains every step, from the apostille through to the sworn translation required by Belgian authorities.
Apostille : the correct procedure for American documents
The Hague Convention of 5 October 1961 simplifies the international recognition of public documents between member states through a standardised stamp, the apostille. The United States has been a signatory for many years. In practice, an apostilled American document is recognised directly by the Belgian authorities, with no need to go through the Belgian Embassy. If you are still unsure which regime applies, see our guide on apostille or legalisation and our page on the Hague Apostille Convention.
The key point : state apostille or federal apostille ?
This is the most confusing American peculiarity. In the United States, the competent authority depends on who issued the document :
- State documents : birth certificates, marriage certificates, diplomas, transcripts, state criminal records. The apostille is issued by the Secretary of State of the issuing state (for example the Secretary of State of New York for a New York record, the Secretary of State of California for a Californian document).
- Federal documents : the FBI criminal record (FBI background check / Identity History Summary), documents issued by a federal agency, certain federal notarial acts. The apostille is issued by the US Department of State (Office of Authentications) in Washington.
Requesting the apostille from the wrong authority is the most common mistake : a New York birth certificate will never be apostilled by the federal Department of State, and an FBI background check will never be apostilled by a state Secretary of State.
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American documents for Belgium ?
Sworn English-French or English-Dutch translation of your apostilled American documents. Our sworn translators know the requirements of the Belgian authorities.
Which American documents are concerned
The documents most often handled for a Belgian file (naturalisation, marriage, family reunification, diploma recognition, employment) are :
- Birth certificate : a state document, apostille by the Secretary of State of the issuing state.
- Marriage certificate : a state document, same procedure as the birth certificate.
- Diplomas and transcripts : depending on the institution, the document often has to be notarised first before being apostilled by the Secretary of State of the state.
- State criminal record : apostille by the Secretary of State of the relevant state.
- FBI background check (federal criminal record) : a federal document, apostille by the US Department of State in Washington.
The steps, from apostille to submission in Belgium
Because American documents are drawn up in English, the Belgian authorities require a sworn translation into French or Dutch, the language depending on the region (Wallonia and Brussels in French, Flanders in Dutch). To understand the full process, see our guide on translating American documents for Belgium.
A three-step procedure
- Apostille : have the document apostilled by the correct authority (Secretary of State of the state for a state document, US Department of State for a federal document).
- Sworn translation in Belgium : the apostilled document is translated by a sworn translator registered with a Belgian Court of Appeal. The apostille itself is translated, as it forms an integral part of the document.
- Submission : hand the apostilled document and its sworn translation to the relevant Belgian authority (municipality, federal public service, university, employer).
Practical tips
- Plan for the timelines : the federal apostille from the US Department of State can take several weeks by post. For an FBI background check, allow time between obtaining the report and having it apostilled.
- Check the required language : confirm with the receiving authority whether the translation must be in French or Dutch before ordering it.
- Apostille before translating : the sworn translation must cover the document once it has already been apostilled, apostille included.
- Keep the originals : some authorities require the apostilled original in addition to the translation.
In summary
- The United States is a member of the Hague Convention : apostille, not legalisation.
- State documents : apostille by the Secretary of State of the issuing state.
- Federal documents (e.g. FBI record) : apostille by the US Department of State.
- English-language documents : sworn translation into French or Dutch required in Belgium.
- The order to follow : apostille, then sworn translation, then submission.
FAQ
Frequently asked questions
Do I need an apostille or a legalisation for an American document in Belgium?
An apostille. The United States is a member of the 1961 Hague Convention, which removes the need for consular legalisation. The apostilled American document is recognised directly by the Belgian authorities, with no involvement of the Belgian Embassy. For the difference between the two regimes, see our guide on apostille or legalisation and the Hague Apostille Convention.
My birth certificate is from the state of New York: who issues the apostille?
The Secretary of State of the issuing state, in this case New York. All civil registry records and state documents (birth, marriage, diplomas, state criminal records) are apostilled at state level, by the Secretary of State of the state that issued the document, and not by the federal authority in Washington.
How do I have an FBI background check apostilled for Belgium?
The FBI background check (Identity History Summary) is a federal document. Its apostille is issued by the US Department of State (Office of Authentications) in Washington, and not by a state Secretary of State. Allow several weeks for this federal apostille, then have the apostilled document translated by a Belgian sworn translator.
Should I have the document translated before or after the apostille?
Afterwards. The apostille must first be affixed to the original document, after which the sworn translation is carried out in Belgium on the already-apostilled document, with the apostille itself translated because it forms part of the document. Our sworn translators registered with a Belgian Court of Appeal handle the whole process, apostille included.