Analysi of Consular Authentication in Consular Functions
　　Differences from “Authentication” in Regulations on Authentication and Recognition

　　With the further reform and opening up of China, tremendous economic achievements have been made. Especially, since China became a Member of the World Trade Organization(“WTO”) on December 11, 2001, China has been increasingly integrated into the international community, and into the continuous economic globalization.

　　To satisfy the requirements of the economic globalization and needs of the international community, and improve the quality of products and services and level of management, on August 20,2003,te State Council of China enacted the Regulations on Authentication and Recognition of the People's Republic of China (“Regulations”) effective as of November 1, 2003, symbolizing the entry into an era of “a working mechanism for authentication and recognition jointly performed by all relevant parties under the unified management, supervision and comprehensive coordination by the regulatory authorities on authentication and recognition of the State Council”, and the formal start of a system to regulate authentication and recognition in China.

　　In the course of economic globalization, the international communication between persons in different countries continuously increases, and the international circulation of legalized documents is on the rise. Consular authentication is just a principal method and key procedure for the international circulation of legalized documents.

　　For a better understanding of “consular authentication”, this article will differentiate it from the “authentication “in the Regulations by comparison.

　　Ⅰ. Comparison of Definitions

　　1. Consular Authentication

　　The consular authentication usually refers to the certification of authenticity of the last signature or seal on a notarized document or other certificate of a notary public or relevant agency or authentication agency by a diplomatic or consular agency or its empowered agency of a country. According to international practices, consular authentication should apply to all notarized documents for the use overseas, except otherwise required by the country where a notarized document is used or produced or exempted by the parties by agreement. At present, consular authentication may directly apply to such certificates as a certificate of origin(including a white certificate of origin),invoice, ship's papers, sheet of containers, bill of lading, certificate of commodity inspection, butchering certificate and commercial documents produced by the Commission on the Promotion of Foreign Trade and Economy and Bureau on the Inspection and Quarantine of Commodities.

　　Article 2 of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (“Hague Convention”) provides that: “Each Contracting State shall exempt from legalization documents to which the present Convention applies and which have to be produced in its territory. For the purposes of the present Convention, legalization means only the formality by which the diplomatic or consular agents of the country in which the document has to be produced certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears.” So far, China has not applied to join this convention.

　　2. Authentication and Recognition

　　Article 2 of the Regulations provides that: “The authentication in these Regulations refers to the appraisal of eligibility by an authentication agency to certify that a product, service or management system is consistent with the relevant technical rules or mandatory requirements of relevant technical rules or standards.

　　The recognition in these Regulations refer to the appraisal of eligibility by a recognition agency to certify the competency and practicing qualification of an authenticator of an authentication agency, inspection agency or laboratory in the activities of evaluation or examination.”

　　Ⅱ. Comparison of Subjects

　　1. Subjects of Consular Authentication

　　(1)Agencies conducting consular authentication

　　Generally, there are four kinds: (a)the foreign ministry of the country of production of a legalized document or agency empowered by it to conduct consular authentication; (b) the diplomatic or consular agency of the country of use of a legalized document in the country of production of the legalized document; (c) the diplomatic or consular agency of the country of production of a legalized document in the country of use of the legalized document; and(d) (for legalized documents of two countries without diplomatic relations or with discontinued diplomatic relations) the diplomatic or consular agency in a foreign country of a third country that has diplomatic relations with both countries.

　　Currently, the agencies of Chinese Government for consular authentication are as follows:

　　(a) In Chinese mainland: the Department of Consular Affairs of the Ministry of Foreign Affairs and its empowered offices of foreign affairs (“offices”)of the people's government of provinces, autonomous regions and cities directly under the Central Government within the consular districts of consular agencies in China of foreign countries, including the offices in Jiangsu Province, Zhejiang Province, Anhui Province, Fujian Province, Guangdong Province, Hainan Province, Yunnan Province, Sichuan Province,Guizhou Province, Hunan Province, Hubei Province, Jiangxi Province,Heilongliang Province, Jilin Province, Liaoning Province, Shandong Province, Shanghai City, Chongqing City, GuangxiZhuang Autonomous Region, and Inner Mongolia Autonomous Region.(For historical and realistic reasons, China encompasses such four territories of jurisdiction as the mainland, Hong Kong, Macao and Taiwan. Hong Kong, Macao and Taiwan are subject to the “one country, two systems”.)

　　(b)Outside China: the diplomatic or consular agencies of China in foreign countries.

　　(2)Persons conducting consular authentication

　　Generally, there are two kinds: (a)officers empowered by the Ministry of Foreign Affairs to conduct consular authentication; and (b) other staff assisting above officers in taking consular authentication applications, making or issuing consular authentication, or sorting and keeping consular authentication files.

　　Currently, the persons conducting consular authentication of China are as follows:

　　(a)In Chinese Mainland: chief officer, deputy chief officers, first secretary, second secretary, third secretary, and assisting staff, responsible for consular authentication, of the Division of Authentication of the Department of Consular Affairs of the Ministry of Foreign Affairs.

　　(b)Outside China: ambassador, ministers, competent counselors, first secretary, second secretary, third secretary and assisting staff, responsible for consular authentication, of a diplomatic agency of China in a foreign country; consulate general, deputyconsulategenerals, competent consulates, vice consulates (third secretary), and assisting staff, responsible for consular authentication, of a consular agency of China in a foreign country.

　　Under special circumstances, as specially empowered by the Department of Consular Affairs of the Ministry of Foreign Affairs, officers of the diplomatic or consular agencies of China in foreign countries not up to the above levels may also carry out consular authentication work. Officers responsible for consular authentication working concurrently in diplomatic or consular agencies may carry out consular authentication concurrently in more than two diplomatic or consular agencies

　　2. Sunjects of Authentication and Recognition

　　(1)Agencies conducting authentication and recognition

　　The regulatory authorities on authentication and recognition of the State Council should establish and announce such agencies according to law.

　　a. Conditions for an authentication agency established by Chinese citizens:(a) having fixed premises and necessary facilities; (b) having a management system consistent with the requirements of authentication and recognition; (c) having a registered capital not less than RMB 3 million; and (d) having not less than ten professional authenticators in the relevant fields. An authentication agency carrying out product authentication should also have technical capacities in such as test and inspection appropriate for the relevant product authentication activities.