Notarization Challenges: Navigating Legal Waters On Overseas Us Bases

It is possible to get a document notarized while on a US base in Afghanistan. The U.S. Embassy in Kabul suspended operations on August 31, 2021, and U.S. citizens in Afghanistan in need of routine consular services can contact any U.S. embassy or consulate for assistance. Notarizing officers at any US Embassy or Consulate abroad can provide a service similar to the functions of a notary public in the United States. Additionally, according to 10 U.S. Code § 1044a, certain persons in the uniformed services have the general powers of a notary public and of a consul of the United States in the performance of all notarial acts. These include all judge advocates, all civilian attorneys serving as legal assistance attorneys, and all adjutants, assistant adjutants, and personnel adjutants.

Notarization services on US bases

Notarization is a crucial service that facilitates various transactions, including international real estate deals, marriage licenses, and will executions. While it is possible to get documents notarized outside of the US, the process can be challenging and complex. Here is a comprehensive guide to help you navigate notarization services on US bases.

Understanding Notarization

Notarization is the process of certifying the authenticity of signatures on documents. In the United States, notaries verify signatures for businesses and individuals to facilitate financial and legal transactions. These notaries are certified by the government after undergoing background checks to ensure their trustworthiness.

If you are located on a US base in Afghanistan or elsewhere, you may be able to access notarization services through the base's legal assistance office. According to US law (10 U.S. Code § 1044a), specific individuals have the authority to act as notaries on US bases outside the country. These include:

• All judge advocates and reserve judge advocates, even when not on active duty
• All civilian attorneys serving as legal assistance attorneys
• All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not on active duty
• Designated members of the uniformed services, including reserve members when not on active duty
• All employees of a military department or the Coast Guard designated by regulations to have notary powers outside the US
• All civilian paralegals serving at military legal assistance offices under the supervision of a military legal assistance counsel

These individuals can provide notarization services for individuals within the jurisdiction of the US military base, including members of the uniformed services and other eligible persons.

Process and Requirements

To get a document notarized on a US base, you will need to contact the legal assistance office to schedule an appointment and understand their specific requirements. In general, you will need to bring the following to your appointment:

• The document to be notarized, unsigned, and understood by the signer
• A government-issued photo ID, such as a valid passport or driver's license
• Witnesses, if required, with their valid photo identification
• The appropriate fee, which is typically $50 per signature, payable in cash or money order

It is important to note that consular officers and legal assistance providers cannot assist in preparing documents or provide legal advice on their content or specific requirements.

Alternative Options

If you are unable to access a US base or prefer alternative options, there are a few other ways to get documents notarized while overseas:

• Contact the nearest US Embassy or Consulate: They provide notarial services for US citizens and non-US citizens, but hours may vary. The fee is typically $50 per notarial service.
• Online Notary Services: Platforms like OneNotary offer remote notarization services by matching you with vetted US notaries online.
• Mobile Notary Services: You can search for mobile notaries who will come to you or meet at an off-base location if they have an office on a military base.

Each option has its pros and cons, so be sure to choose the one that best suits your needs and the requirements of your specific document.

Notarization by US embassies and consulates

US embassies and consulates provide notarial services similar to those of a notary public in the United States. A notary public is someone who witnesses the signing of a document.

In countries that are part of the Hague Convention, documents should be notarized by a local notary and can then be authenticated for use in the United States. US embassies and consulates may authenticate documents in countries that are not part of the Hague Convention.

Appointments for notarial services can be made with the Consular Section, American Citizens Services of the US Embassy or Consulate. Hours of operation may vary for US citizens and foreign nationals.

To make an appointment, gather the following items:

• The document to be notarized – do not sign the document beforehand. Ensure that you understand the contents of the document as a consular officer cannot explain it to you or advise on any legal aspects of the document.
• A government-issued photo ID, such as a valid passport or US driver's license.
• Witnesses, if required. Each witness must present valid photo identification.
• The appropriate fee – $50 per signature, to be paid in US dollars, in cash.

It is important to note that consular officers cannot assist with preparing documents or provide legal advice. Additionally, embassies cannot authenticate or make certified copies of public documents or academic records issued in the United States.

For more information on notary and authentication services, visit the Notarial and Authentication Services page of the Department of State website.

Notarization in Afghanistan

The US Embassy in Kabul suspended operations on August 31, 2021, and US citizens in Afghanistan seeking routine consular services, including notarization, can contact any other US embassy or consulate for assistance. The nearest US Embassy or Consulate can be located on www.usembassy.gov.

It is important to note that the Department of State Travel Advisory for Afghanistan is Level 4: Do Not Travel, due to safety concerns.

Notarization by local foreign notaries

It is possible to have a document notarized by a local foreign notary and then have the document authenticated for use in the United States.

In countries that are party to the Hague Apostille Convention, this is a simplified process. An Apostille is a certificate, signed by a country's designated "Competent Authority", that authenticates the seals and signatures of officials on public documents. The Apostille must be placed either directly on or attached to the document being authenticated.

Alternatively, a foreign notarization is also acceptable if state law allows for the acceptance of a foreign notary.

If you are in a foreign country and want a U.S. state to notarize your document, check with the U.S. state and foreign country to see if this is okay. Some U.S. states may allow you to get a document notarized remotely, but they may limit this practice to documents that are notarized in their physical jurisdiction.

The statutes in most states specify that an acknowledgment or the administration of an oath/affirmation may be performed outside the United States or its territories by the following officers:

• A minister, commissioner, or charge d'affaires of the United States who is a resident of and is accredited in the country where the acknowledgment or proof is taken
• A consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States who is a resident of the country where the acknowledgment or proof is taken
• A notary public or any other official authorized to administer oaths in the jurisdiction where the acknowledgment or proof is taken
• A commissioned officer of the United States armed forces or armed forces auxiliaries (only for members of the armed forces, armed forces auxiliaries, and members' families)

The same notarial principles and procedures required in the United States for the notarization of a document are also required for documents notarized overseas to be recorded and/or valid in the United States.

Documents notarized overseas must be authenticated by the placing of the consular seal over the seal of a foreign authority whose seal and signature are on file with the American embassy or consulate. A consular authentication attests only to the authenticity of the seal and signature of the issuing authority.

If the country where the document was notarized is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents, the authentication process is much simpler. The Convention facilitates the circulation of public documents, including notarized documents, among Convention countries. It does so by replacing the cumbersome and often costly authentication process with the mere issuance of an apostille.

Most Americans abroad needing notarizations can turn to the notarial officers located at a U.S. embassy or consulate. The Department of State's Authentication Office can authenticate the seal of a consular officer.

Online notarization services

While I was unable to find information on whether you can notarize documents while on a US base in Afghanistan, I did find details on online notarization services, which can be used anywhere in the world.

• OneNotary: OneNotary is a leading online notary service that matches US notaries to clients online. The process involves visiting the website, requesting a notary session, selecting a time, uploading your documents, confirming your identity, and then meeting with the notary for a virtual session. OneNotary employs only vetted notary publics, ensuring that they have valid credentials. The service offers flexible pricing for multiple notary certificates and provides a secure payment platform.
• Notarize: Notarize is an online notarization service that is available 24/7. Users upload their documents, verify their identity, and connect with a notary via an online meeting. The service uses identification verification technology to ensure secure transactions. Notarize also offers a platform called Proof, which stores documents and transaction details securely.
• PandaDoc Notary: PandaDoc Notary is a remote online notarization (RON) service that allows individuals and businesses to meet with official state-commissioned notaries virtually. It offers a simple and user-friendly platform, enhanced security, and 24/7 live chat support. PandaDoc Notary uses knowledge-based authentication (KBA) to verify the identities of signers and data encryption to protect documents from fraud or tampering.
• BlueNotary: BlueNotary is an online notarization service that is available in all 50 US states. They offer a quick and secure process, with sophisticated identity verification and bank-grade security measures. BlueNotary can be used for various types of notarial acts, including acknowledgments and verification of oaths or affirmations.

It is important to note that some states have specific requirements for online notarization, such as Florida, which requires notaries to complete an application and training before offering online services. Additionally, some states may not allow certain government-issued documents to be notarized online. Therefore, it is recommended to check the specific regulations for your state or the state where the notary is commissioned.

Requirements for notarization

• The document must be signed in the presence of a notary public or an authorized official.
• The signatory must provide valid identification, such as a government-issued photo ID (e.g., passport, driver's license).
• There may be specific requirements for witnesses, such as providing valid photo identification.
• A fee is typically charged for notarization services, which varies depending on the location and type of document. For example, US Embassies and Consulates charge $50 per signature.
• Some documents may require additional steps, such as translation into English by a certified translator if the document is in a foreign language.
• The notary must confirm the identity of the signatory and ensure they understand the contents of the document.
• The notary will typically affix their seal or stamp to the document.

In the case of notarization on a US base in Afghanistan, the specific requirements may be different. However, based on the information provided, here are the likely requirements:

• The document must be signed in the presence of an authorized official, such as a judge advocate, civilian attorney, or designated member of the uniformed services.
• The signatory must provide valid identification, such as a US passport or driver's license.
• There may be specific requirements for witnesses, such as providing valid photo identification.
• A fee of $50 per signature is typically charged for notarization services.
• The notary will confirm the identity of the signatory and ensure they understand the contents of the document.
• The notary will affix their seal or stamp to the document.

It is important to note that the US Embassy in Kabul suspended operations on August 31, 2021. However, US citizens in Afghanistan can still contact any US embassy or consulate for assistance with notary services.

Frequently asked questions