Presentation js lee

UNCITRAL United Nations Commission on International Trade Law
Exploratory seminar on e-Signatures
for e-Business Transactions
South Mediterranean Region
Jae Sung LEE
Legal Officer, UNCITRAL
Office of Legal Affairs
United Nations

When and why was UNCITRAL established?

• 60 member States elected by the General Assembly
considering geographical regions and levels of economic
development
•Non-member States participate as observer States and
no difference in deliberation
• Intergovernmental organizations as well as
international non-governmental organizations
participate as observers
•Term of 6 years with half (30) of the members reelected
or replaced every 3 years (elections to be held on Nov 12,
2012)
Composition of UNCITRAL

Organization of work
The Commission
Working Groups
The Secretariat

United Nations Org StructureUnited Nations System

• Two sessions per year alternating between NewYork
(spring) andVienna (fall)
6Working Groups
I. Micro, medium
& small-sized
enterprises
I. Micro, medium
& small-sized
enterprises
II. ArbitrationII. Arbitration
III. Online
Dispute
Resolution
III. Online
Dispute
Resolution
IV. Electronic
Commerce
IV. Electronic
Commerce
V. Insolvency
Law
V. Insolvency
Law
VI. Security
Interests
VI. Security
Interests
The Commission
Working Groups
The Secretariat

UNCITRAL Texts
• Negotiated with universal participation and reflect
balance of national, regional, economic, legal and other
interest
• Drafted with a view to ensure compatibility with the
various legal traditions including Islamic law
• Methods operate at different levels and involve different
types of compromise or acceptance
• Move from a hard law to soft law
Convention Model Law
Legislative
Guide

UNCITRAL Texts
• Conventions - Designed to unify law by establishing
binding legal obligations
• Model Law - A legislative text recommended to States for
enactment as part of their domestic law
• Legislative Guide - A set of principles and legislative
recommendations for legislators to consider in their
enactment of domestic law
Convention Model Law
Legislative
Guide

Examples of Conventions

Examples of Model law

Examples of Legislative Guides

United Nations Commission on International Trade Law
UNCITRAL texts: Electronic Commerce
UNCITRAL

UNCITRAL Texts on Electronic Commerce
• 1996 Model Law on Electronic Commerce (MLEC)
• 2001 Model Law on Electronic Signatures (MLES)
• 2005 United Nations Convention on the Use of
Electronic Communications in International
Contracts (ECC)
• 2007 Promoting confidence in electronic
commerce: legal issues on international use of
electronic authentication and signature methods
Provides comprehensive legal framework for
electronic transactions
More information available at
http://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerc
e.html

UNCITRAL Texts on Electronic Commerce
• Provides comprehensive legal framework for
electronic transactions
• Based on the following underlying principles:
Non-discrimination
Functional equivalence
Technological neutrality
Party autonomy

UNCITRAL Model Law on E-commerce

(1) Where the law requires a signature of a person, that
requirement is met in relation to a data message if:
(a) a method is used to identify that person and to indicate that
person’s approval of the information contained in the data
message; and
(b) that method is as reliable as was appropriate for the
purpose for which the data message was generated or
communicated, in the light of all the circumstances, including
any relevant agreement.
(2) Paragraph (1) applies whether the requirement therein is in the
form of an obligation or whether the law simply provides
consequences for the absence of a signature.
Article 7. Signatures

Legislation implementing the MLEC has been adopted in: Australia (1999), Bahrain (2002),
Brunei (2000), Canadian territories,China (2004), Colombia (1999), Dominican Republic (2002),
Ecuador (2002), France (2000), Guatemala (2008), India (2000), Ireland (2000), Jamaica (2006),
Iran (2004), Jordan (2001), Mauritius (2000), Mexico (2000), New Zealand (2002), Pakistan
(2002), Panama (2001), Philippines (2000), Republic of Korea (1999), Qatar (2010), Saudi Arabia
(2007), Singapore (1998), Slovenia (2000), South Africa (2002), Sri Lanka (2006),Thailand (2002),
UAE (2006), certain USA States,Venezuela (2001),Vietnam (2005) and few others.

(a) “Electronic signature” means data in electronic form in, affixed
to or logically associated with, a data message, which may be used
to identify the signatory in relation to the data message and to
indicate the signatory’s approval of the information contained in
the data message;
Article 2. Definitions
Nothing in this Law, except article 5, shall be applied so as to
exclude, restrict or deprive of legal effect any method of
creating an electronic signature that satisfies the requirements
referred to in article 6, paragraph 1, or otherwise meets the
requirements of applicable law.
Article 3. Equal treatment of signature technologies

1.Where the law requires a signature of a person, that requirement
is met in relation to a data message if an electronic signature is
used that is as reliable as was appropriate for the purpose for
which the data message was generated or communicated, ….
3. An electronic signature is considered to be reliable … if:
(a) The signature creation data are, within the context in which they
are used, linked to the signatory and to no other person;
(b) The signature creation data were, at the time of signing, under
the control of the signatory and of no other person;
(c) Any alteration to the electronic signature, made after the time
of signing, is detectable; and
(d) Where a purpose of the legal requirement for a signature is to
provide assurance as to the integrity of the information to which
it relates, any alteration made to that information after the time
of signing is detectable.
Article 6. Compliance with a requirement for signature

Legislation implementing the MLES has been adopted in: Barbados (2001),
CapeVerde (2003), China (2004), Costa Rica (2005), Ghana (2008), Guatemala
(2008), India (2009), Jamaica (2006), Mexico (2003), Nicaragua (2010),
Paraguay (2010), Qatar (2010), Rwanda (2010), Saint Lucia (2011), St.Vincent
and the Grenadines (2007), Saudi Arabia (2007),Thailand (2002),Trinidad and
Tobago (2011), UAE (2006),Viet nam (2005) and Zambia (2009).

Electronic Communications Convention

Entry into force of the ECC
• Entry into force on 1 March 2013
• States parties: Dominican Republic, Honduras &
Singapore
• 16 other signatories (Central African Republic, China,
Colombia, Iran, Lebanon, Madagascar, Montenegro,
Panama, Paraguay, Philippines, Republic of Korea,
Russia, Saudi Arabia, Senegal, Sierra Leone, Sri Lanka)
• Australia,Thailand, Sri Lanka have declared intention
to adopt
• Other States have adopted substantive provisions of
the ECC domestically

3.Where the law requires that a communication or a contract
should be signed by a party, or provides consequences for the
absence of a signature, that requirement is met in relation to an
electronic communication if:
(a) A method is used to identify the party and to indicate that
party’s intention in respect of the information contained in the
electronic communication; and
(b) The method used is either:
(i) As reliable as appropriate for the purpose for which the
electronic communication was generated or communicated, in
the light of all the circumstances, including any relevant
agreement; or
(ii) Proven in fact to have fulfilled the functions described in
subparagraph (a) above, by itself or together with further
evidence.
Article 9. Form requirements

Promoting confidence in electronic commerce
(2007)
• Analyzes main legal issues regarding
Signatures and authentication methods
Cross-border use of electronic signatures and
authentication methods
Part 2 focuses on international use
of digital signatures under a PKI
(not a recommendation)

Current agenda of Working Group IV
• Draft provisions on electronic transferable
records (electronic cheques, promissory notes,
bills of lading …)
• Identity management considered as a sub-topic
• More information available at
http://www.uncitral.org/uncitral/en/commission/working_groups/4Elec
tronic_Commerce.html

UN CEFACT Recommendation 14
• UN Centre forTrade Facilitation and Electronic
Business – under the auspices UN Economic
Commission for Europe
• Revision of the outdated recommendation 14 on
authentication of trade documents
• Revised draft finalized and under public review
• Recommends (i) removal of signature requirement
(ii) electronic authentication methods of equal
status and (iii) regular review.

For more information, please visit the UNCITRAL
web site @ http://www.uncitral.org/
or e-mail me at jaesung.lee@uncitral.org

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