Chapter 53. Unsworn Foreign Declarations; Uniform Act.
§ 16–5301. Short title.
This chapter may be cited as the “Uniform Unsworn Foreign Declarations Act”.
§ 16–5302. Definitions.
For the purposes of this chapter, the term:
(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 a District of Columbia statute, a judicial decision or order, 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 “sworn declaration” 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.
§ 16–5303. 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.
§ 16–5304. Validity of unsworn declaration.
(a) Except as otherwise provided in subsection (b) of this section, if a law of the District of Columbia requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter shall have the same effect as a sworn declaration.
(b) This chapter shall 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; or
(4) A declaration to be recorded with the Recorder of Deeds of the District of Columbia.
§ 16–5305. Required medium.
If a law of the District of Columbia requires that a sworn declaration be presented in a particular medium, an unsworn declaration shall be presented in that medium.
§ 16–5306. Form of unsworn declaration.
An unsworn declaration under this chapter shall be in substantially the following form:
“I declare under penalty of perjury under the law of the District of Columbia 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 date day of month, year, at
(city or other location, and state), (country):
(printed name)
(signature).”
§ 16–5307. Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 16–5308. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b) ).
