Статус Конвенции Организации Объединенных Наций об использовании электронных сообщений в международных договорах (Нью-Йорк, 23 ноября 2005 года) [рус., англ.]

[неофициальный перевод]

Статус Конвенции

UNITED NATIONS CONVENTION ON THE USE OF ELECTRONIC COMMUNICATIONS IN INTERNATIONAL CONTRACTS

Entry into force: 1 March 2013, in accordance with article 23(1).

Registration: 1 March 2013, No. 50525

Status: Signatories: 18. Parties: 21

Text: Certified true copy

United Nations, Treaty Series, vol. 2898, p.3 and Doc. A/60/515.

Note: The above Convention was adopted on 23 November 2005 during the 53rd plenary meeting of the General Assembly by resolution A/60/21. In accordance with its article 16, the Convention shall be open for signature by all States from 16 January 2006 to 16 January 2008 at United Nations Headquarters in New York.

Azerbaijan

Declarations:

«The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region) until the liberation of those territories from the occupation and complete elimination of the consequences of that occupation...»

In accordance with Article 19, paragraph 1 of the Convention, the Republic of Azerbaijan declares that it will apply this Convention only if the States referred to article 1, paragraph 1 of the Convention are the Contracting States to this Convention.

In accordance with Article 19, paragraph 2 of the Convention, the Republic of Azerbaijan will not apply the Convention to transactions for which a notarised form or State registration is required under the legislation of the Republic of Azerbaijan.

The Republic of Azerbaijan understands international contracts covered by the Convention as civil law contracts involving foreign citizens and legal entities, or having a foreign element.»

El Salvador

Declaration:

The Convention shall not apply, in addition to the cases provided for in Article 2, to acts or contracts that require special formalities which, under Salvadoran legislation, cannot be fulfilled through electronic means, until the necessary legal reforms are enacted to enable such possibility.

Fiji

Declaration:

«In accordance with Articles 21 and 19 (paragraph 2) of the United Nations Convention on the Use of Electronic Communications in International Contracts, the Convention shall not apply to electronic communications or transactions specifically excluded under sections 18, 19, 20 and the Schedule to the Electronic Transactions Act 2008 (No 26 of 2008) of Fiji, as amended by the Electronic Transactions (Amendment) Act 2017 (No 8 of 2017).»

Iran (Islamic Republic of)

Declaration:

«The Government of the Islamic Republic of Iran in accordance with Paragraph (2) of Article 19 and Article 21 of the aforesaid Convention, declares that the aforesaid Convention shall not apply to electronic communications, transactions and exchanges specifically excluded under its „Electronic Commerce Law“ approved on 7 January 2004 with subsequent amendments and additions.»

Russian Federation

Declarations:

a) In accordance with article 19, paragraph 1, of the Convention, the Russian Federation will apply the Convention when the parties to the international contract have agreed that it applies;

b) In accordance with article 19, paragraph 2, of the Convention, the Russian Federation will not apply the Convention to transactions for which a notarized form or State registration is required under Russian law or to transactions for the sale of goods whose transfer across the Customs Union border is either prohibited or restricted;

c) The Russian Federation understands the international contracts covered by the Convention to mean civil law contracts involving foreign citizens or legal entities, or a foreign element.

Singapore

Declaration:

«The Convention shall not apply to electronic communications relating to any contract for the sale or other disposition of immovable property, or any interest in such property.»

The Convention shall also not apply in respect of (i) the creation or execution of a will; or (ii) the creation, performance or enforcement of an indenture, declaration of trust or power of attorney, that may be contracted for in any contract governed by the Convention.»

Sri Lanka

Declaration made upon ratification:

«In accordance with Articles 21 and 19 (paragraph 2) of the United Nations Convention on the Use of Electronic Communications in International Contracts, the Convention shall not apply to electronic communications or transactions specifically excluded under Section 23 of the Electronic Transactions Act No. 19 of 2006, of Sri Lanka»

Thailand

Declaration:

«The Government of the Kingdom of Thailand, in accordance with Article 19 paragraph 2 of the Convention, declares that the Convention shall not apply to:»

(a) communications or transactions specifically excluded under Section 3 of the Electronic Transactions Act B.E. 2544 (2001) of the Kingdom of Thailand;

(b) contracts to which at least one of the parties is a Thai state agency; and

(c) transactions which are required to be registered with a competent authority under Thai law.»