Section 1. Amend Title 10 by inserting a new Chapter 53A to read as follows:

“CHAPTER 53A. DELAWARE UNIFORM UNSWORN FOREIGN DECLARATIONS ACT

§ 5351. Short Title.

This chapter may be cited as the Delaware Uniform Unsworn Foreign Declarations Act.

§ 5352. Definitions.

In this chapter:

(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, the 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.

§ 5353. Applicability.

This chapter 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 the location is subject to the jurisdiction of the United States. This chapter 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 or a federally recognized Indian tribe.

§ 5354. Validity of Unsworn Declaration.

(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.

(b) This chapter 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 Title 25; or

(5) an acknowledgement or affidavit required by Section 1305 of Title 12.

§ 5355. 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.

§ 5356. Form of Unsworn Declaration.

An unsworn declaration under this chapter must be in substantially the following form:

‘I declare under penalty of perjury under the law of Delaware 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 ______ (month), _____ (year), at ___________________________ (city or other location, and state), __________ (country).

________________________ (printed name)

________________________ (signature)’

§ 5357. 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.

§ 5358. Relation to Electronic Signatures in Global and National Commerce Act.

This chapter 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).

§ 5359. Effective Date.

This chapter takes effect upon enactment.”

Section 2. Amend § 1224 of Title 11 by inserting the following phrase after the words “or under oath in a written instrument”: “or in an unsworn declaration made pursuant to Chapter 53A of Title 10.

SYNOPSIS

This Bill adopts the Uniform Unsworn Foreign Declarations Act (“UUFDA”), promulgated by the Uniform Law Commission in 2008.

Declarations of persons abroad are routinely received in state and federal courts and agencies. Many of the declarations are affidavits and other documents sworn to by declarants before authorized officials in United States embassies and consulate offices. Affiants in foreign countries with information relevant to U.S. proceedings or transactions typically visit the U.S. consular office to finalize their affidavit or statement in a manner similar to a person within the United States visiting a notary public. In recent years, and particularly after the September 11, 2001 terrorist attacks, access to U.S. embassies and consulates has become more difficult because of closings or added security. As a result, obtaining appropriately sworn foreign declarations for court or agency use has become much more difficult in the post-9/11 environment.

The goals of UUFDA are to address this situation and to harmonize state and federal law in this area. This Bill would alleviate the burden of a foreign affiant in providing important information for state proceedings, while at the same time helping to reduce congestion in U.S. consular offices and allowing U.S. consular officials to increase focus on core responsibilities.

This Bill advances this goal by affirming the use in state legal proceedings of unsworn declarations made by declarants who are physically outside the boundaries of the United States when making the declaration. If an unsworn declaration is made subject to penalties for perjury and contains the information in the model form provided, then the statement may be used as an equivalent of a sworn declaration. UUFDA excludes use of unsworn declarations for depositions, oaths of office, oaths related to self-proved wills, declarations recorded related to real estate, and oaths required to be given before specified officials other than a notary.

UUFDA will extend to state proceedings the same flexibility that federal courts have employed for over 30 years. Since 1976, federal law (28 U.S.C. § 1746) has allowed an unsworn declaration executed outside the United States to be recognized and valid as the equivalent of a sworn affidavit if it contained an affirmation substantially in the form set forth in the federal act. Finally, UUFDA harmonizes state and federal treatment of unsworn declarations and will reduce aspects of confusion abroad regarding differences in federal and state litigation practice.

This Bill also updates the state’s perjury statutes to include unsworn declarations made pursuant to UUFDA.

Author: Senator Blevins

SPONSOR:	Sen. Blevins & Rep. George