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OR House Bill 2833

Legislation

State: Oregon
Signed: May 23, 2013

Effective: January 01, 2014
Chapter: 218

Summary

Oregon enacts the Uniform Unsworn Foreign Declarations Act (UUFDA). The UUFDA permits a person living or traveling outside of the U.S. who must sign a sworn statement to make the statement under penalty of perjury without having to appear before a Notary or U.S. consular officer to take an oath or affirmation. This new law does not apply to certain sensitive documents, including depositions, recordable instruments and attested affidavits to a last will and testament.

Affects

Adds as yet uncodified sections to the Oregon Revised Statutes.

Changes
  1. Defines an “unsworn declaration” as a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
  2. Prescribes that if an Oregon law requires or permits use of a sworn declaration, an unsworn declaration has the same effect as a sworn declaration, provided that at the time of making the declaration the declarant is physically located outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States.
  3. Clarifies that the law 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 (e.g. a foreign embassy located in the U.S. or the United Nations) or a federally recognized American Indian tribe.
  4. Disallows the use of unsworn declarations with the following sworn declarations: (a) a deposition, (b) an oath of office, (c) an oath required to be given before a specified official other than a Notary, (d) a declaration to be recorded with a county recorder; or (e) an oath required by Section 113.055 of the ORS (to attest to the execution of a last will).
  5. Permits a sworn declaration to be made in an electronic or tangible (e.g. paper) medium.
  6. Prescribes the form for an unsworn declaration.
Analysis
Oregon enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) published by the Uniform Law Commission. The UUFDA allows any sworn declaration (a signed record made under oath) to be made by an unsworn declaration (a signed record made under penalty of perjury) provided that the declaration is made outside of the United States and does not apply to a deposition, an oath of office, a document that is to be recorded with a county recorder or a self-proving affidavit on a will.
 
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