A/RES/56/81. Resolution of the United Nations General Assembly, 2001

• Resolution Number: A/RES/56/81
• Year: 2001
• Session: 56th
• Issuer: General Assembly of the United Nation

United Nations A/RES/56/81

General Assembly Distr.: General

31 January 2002

Fifty-sixth session

Agenda item 161

01 47767

Resolution adopted by the General Assembly

[on the report of the Sixth Committee (A/56/588 and Corr.1)]

56/81. United Nations Convention on the Assignment of

Receivables in International Trade

The General Assembly

,

Recalling

its resolution 2205 (XXI) of 17 December 1966, by which it

established the United Nations Commission on International Trade Law with a

mandate to further the progressive harmonization and unification of the law of

international trade and in that respect to bear in mind the interests of all peoples, in

particular those of developing countries, in the extensive development of

international trade,

Considering

that problems created by uncertainties as to the content and the

choice of the legal regime applicable to the assignment of receivables constitute an

obstacle to international trade,

Convinced

that the adoption of a convention on the assignment of receivables

in international trade will enhance transparency, contribute to overcoming the

problems of uncertainties in this field and promote the availability of capital and

credit at more affordable rates, while protecting existing assignment practices and

facilitating the development of new practices, as well as ensuring adequate

protection of the interests of debtors in assignments of receivables,

Recalling

that, at its twenty-eighth session in 1995, the Commission decided to

prepare uniform legislation on assignment in receivables financing and entrusted the

Working Group on International Contract Practices with the preparation of a draft,

1

Noting

that the Working Group on International Contract Practices devoted

nine sessions, from 1995 to 2000, to the preparation of the draft Convention on the

Assignment of Receivables in International Trade, and that the Commission

considered the draft Convention at its thirty-third session in 2000

2

and at its thirty-

fourth session in 2001,

3

Being aware

that all States and interested international organizations were

invited to participate in the preparation of the draft Convention at all the sessions of

the Working Group and at the thirty-third and thirty-fourth sessions of the

_______________

1 See Official Records of the General Assembly, Fiftieth Session, Supplement No. 17 (A/50/17), para. 381.

2 Ibid., Fifty-fifth Session, Supplement No. 17, (A/55/17), chap III.

3Ibid., Fifty-sixth Session, Supplement No. 17 and corrigendum, ( A/56/17 and Corr. 3), chap III.

A/RES/56/81

2

Commission, either as members or as observers, with a full opportunity to speak and

make proposals,

Noting with satisfaction

that the text of the draft Convention was circulated for

comments once before the thirty-third session of the Commission and a second time

in its revised version before the thirty-fourth session of the Commission to all

Governments and international organizations invited to attend the meetings of the

Commission and the Working Group as observers, and that the comments received

were before the Commission at its thirty-third

4

and thirty-fourth sessions,

Taking note with satisfaction

of the decision of the Commission at its thirty-

fourth session to submit the draft Convention to the General Assembly for its

consideration,

5

Tak ing not e

of the draft Convention adopted by the Commission,

6

1.

Expresses its appreciation

to the United Nations Commission on

International Trade Law for preparing the draft Convention on the Assignment of

Receivables in International Trade;

6

2.

Adopts and opens for signature or accession

the United Nations

Convention on the Assignment of Receivables in International Trade, contained in

the annex to the present resolution;

3.

Calls upon

all Governments to consider becoming party to the

Convention.

85th plenary meeting

12 December 2001

Annex

United Nations Convention on the Assignment of Receivables in

International Trade

Preamble

The Contracting States

,

Reaffirming

their conviction that international trade on the basis of equality

and mutual benefit is an important element in the promotion of friendly relations

among States,

Considering

that problems created by uncertainties as to the content and the

choice of legal regime applicable to the assignment of receivables constitute an

obstacle to international trade,

Desiring

to establish principles and to adopt rules relating to the assignment of

receivables that would create certainty and transparency and promote the

modernization of the law relating to assignments of receivables, while protecting

existing assignment practices and facilitating the development of new practices,

Desiring also

to ensure adequate protection of the interests of debtors in

assignments of receivables,

_______________

4 See A/CN.9/472 and Add.1–5.

5 Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 17 and corrigendum

(A/56/17 and Corr.3), para. 200.

6 Ibid., annex I.