FOR APPROVAL
UNIFORM UNSWORN FOREIGN DECLARATIONS
ACT
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
MEETING IN ITS ONE-HUNDRED-AND-SEVENTEENTH
YEAR
BIG SKY, MONTANA
JULY 18 - 25, 2008
UNIFORM UNSWORN FOREIGN DECLARATIONS
ACT
UNIFORM UNSWORN FOREIGN
DECLARATIONS ACT
SECTION 1. SHORT TITLE. This [act] may be cited as the Uniform Unsworn Foreign
Declarations Act.
SECTION 2.
DEFINITIONS. In this [act]:
(1) “Boundaries of the United States”
means the geographic boundaries of the United States, Puerto Rico, the United
States Virgin Islands, and any territory or insular possession subject to the
jurisdiction of the United States.
(2) “Law” includes the federal or a
state constitution, a federal or state statute, a judicial decision or order, a
rule of court, an executive order, and an administrative rule, regulation, or
order.
(3) “Record” means information that
is inscribed on a tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(4)
“Sign” means, with present intent to authenticate or adopt a record:
(A) to
execute or adopt a tangible symbol; or
(B) to
attach to or logically associate with the record an electronic symbol, sound,
or process.
(5) “State”
means a state of the United States, the District of Columbia, Puerto Rico,
United States Virgin Islands, or any territory or insular possession subject to
the jurisdiction of the United States.
(6) “Sworn declaration” means a
declaration in a signed record given under oath. The term includes a sworn statement,
verification, certificate, and affidavit.
(7)
“Unsworn declaration” means a declaration in a signed record that is not given
under oath, but is given under penalty of perjury.
SECTION
3. APPLICABILITY. This [act] applies to an unsworn declaration by a
declarant who at the time of making the declaration is physically located
outside the boundaries of the United States whether or not that location is
subject to the jurisdiction of the United States. This [act] does not apply to
a declaration by a declarant who is physically located on property that is within
the boundaries of the United States and subject to the jurisdiction of another
country.
SECTION 4.
VALIDITY OF UNSWORN DECLARATION.
(a) Except as
otherwise provided in subsection (b), if a law of this State requires or
permits the use of a sworn declaration, an unsworn declaration meeting the
requirements of this [act] has the same effect as a sworn declaration.
(b) This [act] does not apply to:
(1) a
deposition;
(2) an
oath of office;
(3) an
oath required to be given before a specified official other than a notary
public;
(4) a
declaration to be recorded pursuant to [insert appropriate section of State’s
real estate law]; or
(5) an oath
required by [insert appropriate section of State’s law relating to self-proved
wills].
Legislative Note: Enacting states will need
to ensure that the perjury laws of the enacting state include unsworn
declarations.
SECTION 5.
REQUIRED MEDIUM. If a law of this State requires that a sworn
declaration be presented in a particular medium, an unsworn declaration must be
presented in that medium.
SECTION 6.
FORM OF UNSWORN DECLARATION. An unsworn declaration under this [act] must
be in substantially the following form:
I declare under penalty of perjury under the law of [insert name of enacting state]
that the foregoing is true and correct, and that I am physically located
outside the geographic boundaries of the United States, Puerto Rico, the United
States Virgin Islands, and any territory or insular possession subject to the
jurisdiction of the United States.
Executed on the ___ day of
______, _____, at ___________________________, __________.
(month) (year) (city or other
location, and state) (country)
________________________
(printed
name)
________________________
(signature)
Legislative Note: Enacting states will need
to ensure that the perjury laws of the enacting state include unsworn
declarations.
SECTION
7. UNIFORMITY
OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act,
consideration must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
SECTION 8.
RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
NATIONAL COMMERCE ACT. This [act] modifies, limits, and supersedes
the federal Electronic Signatures in Global and National Commerce Act, 15
U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section
101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery
of any of the notices described in Section 103(b) of that act, 15 U.S.C.
Section 7003(b).
SECTION
9. REPEALS. The following acts and parts of acts are
repealed: __________.