Turkey; Ukraine; United Kingdom of Great Britain and Northern Ireland and the United States of America. Representatives from Australia, Brazil, Gabon, Japan, Korea, Senegal and South Africa participated under Article 11 of the Comiiiission's terms of reference.
The session was also attended by representatives of the secretariat of the United Nations Conference on Trade and Development (UNCTAD), the United Nations Commission on International Trade Law (UNCITRAL), as well as by representatives of the following intergovernmental and non-governmental organizations: European Free Trade Association (EFTA), Central Office for International Railway Transport (OCTI), the World Customs Organization (WCO), International Air Transport Association (IATA), International Article Numbering Association (EAN), International Chamber of Commerce (ICC), International Chamber of Shipping (ICS), International Express Carriers' Conference (IECC), International Organization for Standardization (ISO), International Union of Railways (UIC).
?. BACKGROUND
1. In 1987, working in cooperation with the Working Party, the International Chamber of Commerce developed and produced the Uniform Rules of Conduct for Interchange of Trade Data by Teletransmission (the UNCID Rules; ICC Publication no.452). The UNCID Rules were aimed at facilitating the interchange of trade data effected by teletransmission, through the establishment of agreed rules of conduct between parties engaged in such transmission.
2. The publication of the UNCID Rules confirmed the importance to international trade of having certain agreements in place among commercial parties regarding the use of automated data processing techniques.
3. The UNCID Rules expressly provided that their provisions, if relied upon, were to be incorporated into definitive agreements among the commercial trading partners. As a result, national organisations, associations and public administrative bodies have developed a multiplicity of model interchange agreements.
4. Originating within different cultural and legal environments, these existing model agreements often introduced different topics and different approaches to similar topics. The diversity of these interchange agreements, though they may address national or local business requirements, does not address an international focus, which is required by EDI users exchanging messages across boundaries.
5. Efforts have started to produce more standardised interchange agreements, such as the recent recommendation by the European Commission for use of a European Model EDI Agreement. The development of a truly international model interchange agreement was provided as one of the main objectives of the Action Programme referred to above.
6. Recent work by the United Nations Commission on International Trade Law to develop a model law on legal aspects of EDI and related means of communication, which was submitted to the Commission for review in July 1995, expressly contemplated that commercial parties may indeed wish to vary the effect of such provisions by agreement.
7. As well, the progress of the Working Party in defining and understanding the international trade transaction (as reflected by TRADE/WP.4/R.971 and related documents)has emphasized the number of commercial relationships in which EDI can be employed, and, therefore, the circumstances in which an interchange agreement may be appropriate.
?. PREPARATION OF THE MODEL AGREEMENT
8. This Recommendation has been produced with the input and cooperation of the Legal Rapporteurs Team in accordance with the Internal Organisation and Operating Procedures established for that organisation set forth in TRADEIWP.4/R.1071. International organisations, such as the ICC and UNCITRAL have been represented in the meetings during which the drafts of the Model Agreement were developed and circulated.
9. More than 20 different existing model interchange agreements which have been developed were considered in the course of the preparation of the Model Agreement and close collaboration has been ensured with the technical experts associated with the development of UN/EDIFACT.
10. Earlier Recommendations of the Working Party, as well as the recommendations or similar actions of other international organizations relating to the simplification and harmonisation of international trade procedures, have been considered in order to ensure the consistency of this Recommendation with previous work. In submitting this Recommendation for approval, the Rapporteurs on Legal Questions believe it is consistent with, and furthers the objectives of, prior recommendations in the field.
11. By offering to commercial parties engaged in international trade a model form of interchange agreement for global use in connection with the UN/EDIFACT standards, the Working Party advances the goals of harmonisation, simplification and rationalisation with respect to the most essential procedure of international trade - the communications of the trading partners. However, though recommended, the terms of the model interchange agreement are not mandatory; trading parties are free to modify the terms of any interchange agreement to their mutual satisfaction, or to not enter into interchange agreements at all.
