U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–118 

" ! SENATE 

114TH CONGRESS

2d Session 

TREATY DOC. 

2016

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 

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 


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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. 


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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. 


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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. 


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Enclosure: As stated. 


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