Paulina Alarcón
Through Legislative Decree No. 523, issued on February 24, 2026, the Administrative Procedures Law (“LPA”) was reformed by incorporating a new Article 4-A, with the purpose of simplifying administrative procedures related to commercial and customs operations. The reform is based on Article 101, paragraph two, of the Constitution of the Republic of El Salvador, relating to the promotion of economic development, and is consistent with the Convention Abolishing the Requirement of Legalization for Foreign Public Documents, which allows States to waive the Apostille requirement in certain cases, particularly in commercial or customs matters.
The objective of the reform is to facilitate administrative procedures by eliminating unnecessary formalities. In particular, the new provision eliminates the requirement for legalization or apostille of public documents issued abroad when they are directly related to commercial or customs operations, including the registration of products and procedures related to public procurement.
The new Article 4-A introduces three significant changes in the way the Public Administration requires documentation in administrative procedures:
- It establishes that the Public Administration may not require legalization, apostille, certified copies, or printed documents with handwritten signatures when these are directly related to commercial or customs operations and can be verified by electronic means or other means of institutional validation.
- When a special law requires the presentation of apostilled documents and these are not covered by the exemptions, the Administration must accept the application or procedure without requiring their immediate presentation. In these cases, the interested party may comply with this requirement during the proceedings and until the final decision is issued.
- The reform provides for the possibility of the Administration issuing provisional decisions when the failure to immediately submit the legalized or apostilled document may affect the public interest or the rights of the citizen. In such cases, the interested party shall be granted a maximum period of ten business days to submit the corresponding document.
From a legal point of view, the reform modifies the traditional treatment of the Apostille within the administrative procedure, transforming it from a requirement for the admissibility of the procedure to a requirement that, in certain cases, can be fulfilled at a later date, thus reinforcing the principle of administrative simplification that guides the LPA.
This reform is expected to have a significant impact on procedures related to foreign trade and public procurement, by reducing the costs and time associated with obtaining and submitting apostilled documents. However, its practical application will depend on the proper definition of the concept of “commercial or customs operations” and its coordination with those special laws that still establish specific documentary formalities.
In conclusion, the reform does not eliminate the Apostille entirely, but it does redefine its function within the Salvadoran administrative procedure, making it an exceptional requirement and, in certain cases, one with deferred compliance. The decree will enter into force eight days after its publication in the Official Gazette.
For any questions or to learn more about how these changes may impact your projects, please contact us at the following addresses: Fidel Márquez (fmarquez@consortiumlegal.com) and Paulina Alarcón (palarcon@consortiumlegal.com).