Text - Treaty Document: Senate Consideration of Treaty Document 114-5All Information (Except Treaty Text)

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[Senate Treaty Document 114-5]
[From the U.S. Government Publishing Office]







114th Congress    }                               {       Treaty Doc.
                                 SENATE
 2d Session       }                               {          114-5 
_______________________________________________________________________
 
      U.N. CONVENTION ON THE USE OF ELECTRONIC COMMUNICATIONS IN 
                        INTERNATIONAL CONTRACTS

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

 THE UNITED NATIONS CONVENTION ON THE USE OF ELECTRONIC COMMUNICATIONS 
 IN INTERNATIONAL CONTRACTS (CONVENTION), DONE AT NEW YORK ON NOVEMBER 
           23, 2005, AND ENTERED INTO FORCE ON MARCH 1, 2013

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 February 10, 2016.--Treaty was read the first time, and together with 
the accompanying papers, referred to the Committee on Foreign Relations 
          and ordered to be printed for the use of the Senate
          
          
                                  ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

59-118                         WASHINGTON : 2016           
          
          
          
          
          
          
          
          
          
          
          
          
                         LETTER OF TRANSMITTAL

                              ----------                              

                                The White House, February 10, 2016.
To the Senate of the United States:
    With a view to receiving the advice and consent of the 
Senate to ratification, subject to certain declarations and 
understandings, I transmit herewith the United Nations 
Convention on the Use of Electronic Communications in 
International Contracts (Convention), done at New York on 
November 23, 2005, and entered into force on March 1, 2013. The 
report of the Secretary of State, which includes an overview of 
the Convention, is enclosed for the information of the Senate.
    The Convention sets forth modern rules validating and 
facilitating the use of electronic communications in 
international business transactions. The Convention will 
promote legal uniformity and predictability, and thereby lower 
costs, for U.S. businesses engaged in electronic commerce.
    The Convention's provisions are substantively similar to 
State law enactments in the United States of the 1999 Uniform 
Electronic Transactions Act (UETA), and to the governing 
Federal law, the Electronic Signatures in Global and National 
Commerce Act, Public Law 106-229 (June 30, 2000). Consistent 
with the Federal law, all States have enacted laws containing 
the same basic rules on electronic commerce, whether based on 
UETA or on functionally equivalent provisions. The Federal 
statute allows States that enact UETA, or equivalent standards, 
to be subject to their State law, and not the corresponding 
provisions of the Federal law.
    The United States proposed and actively participated in the 
negotiation of the Convention at the United Nations Commission 
on International Trade Law. Accession by the United States can 
be expected to encourage other countries to become parties to 
the Convention, and having a greater number of parties to the 
Convention should facilitate electronic commerce across 
borders.
    The Convention would be implemented through Federal 
legislation to be proposed separately to the Congress by my 
Administration.
    The Convention has been endorsed by leading associations 
and organizations in this area, including the American Bar 
Association and the United States Council on International 
Business. The United States Government worked closely with the 
Uniform Law Commission regarding the negotiation and domestic 
implementation of the Convention.
    I recommend, therefore, that the Senate give early and 
favorable consideration to the Convention and give its advice 
and consent to ratification, subject to certain understandings 
and declarations.

                                                      Barack Obama.
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                      Washington, October 16, 2014.
The President,
The White House.
    The President: I have the honor to submit to you, with a 
view to its transmittal to the Senate for advice and consent to 
accession, the United Nations Convention on the Use of 
Electronic Communications in International Contracts, subject 
to the declarations and understandings set forth in the 
enclosed Overview of the Convention. The Convention was adopted 
in New York on November 23, 2005, and entered into force on 
March 1, 2013.
    As a leader in electronic commerce, the United States 
proposed and participated in the negotiation of this treaty at 
the United Nations Commission on International Trade Law. The 
provisions of the Convention are similar to U.S. uniform state 
law enactments and the applicable federal statute on electronic 
signatures and records.
    Global electronic commerce has expanded in recent years but 
the absence of generally agreed upon rules among countries 
limits that growth by unnecessarily raising risks and costs for 
businesses around the world. The Convention promotes the use of 
electronic communications in international business contracts, 
including by setting forth some basic rules governing their 
use, thereby enhancing legal clarity and predictability for 
transacting parties.
    At the same time, nothing in the Convention requires 
transacting parties to use or accept electronic communications 
or records if they choose not to do so. Consistent with 
currently applicable U.S. domestic laws, the Convention allows 
full autonomy of transacting parties so that they may exclude 
the application of the Convention or vary from its terms.
    The Convention has been endorsed by leading U.S. 
associations and organizations in this area, including the 
American Bar Association and the United States Council on 
International Business. We consulted closely with the Uniform 
Law Commission regarding the negotiation and domestic 
implementation of the Convention.
    The treaty would be implemented by federal legislation to 
be proposed separately to the Congress by the Administration. 
The treaty would not be self-executing.
    I recommend, therefore, that you transmit the Convention to 
the Senate for advice and consent to accession, subject to the 
declarations and understandings set forth in the enclosed 
Overview of the Convention.
    Respectfully submitted.
                                                     John F. Kerry.
    Enclosure: As stated.

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