by Enzo Bacciardi e Tommaso Mancini, Dipartimento di Diritto del Commercio e della Contrattualistica Internazionale

Unioncamere will issue them in English at the request of the companies

A new Ministry of Economic Development circular authorized the Chambers of Commerce to issue a declaration in English, which certifies the impossibility of the company to fulfill contractual obligations towards foreign counterparts, due to government emergency restrictions from COVD-19, to applying companies.

The provision textually provides:

«At the request of the company, as a document in support of international trade, the Chambers of Commerce, within the powers recognized by law, can issue declarations in English on the state of emergency in Italy following the epidemiological emergency from COVID- 19 and the restrictions imposed by the law to contain the epidemic.
With the aforementioned declarations, the Chambers of Commerce will be able to certify that they have received, from the applicant company the same document, a declaration in which, referring to the restrictions imposed by the government authorities and the state of emergency in progress, the company itself claims to not having been able to fulfill the contractual obligations previously assumed for unpredictable reasons independent of the company’s will and ability.
Unioncamere will take care to circulate a declaration form in English to these Chambers of Commerce to be used for the aforementioned purpose».

The certificate does not constitute a certificate of force majeure legally enforceable against the foreign counterpart, since the Chambers of Commerce are unable to verify – and will not proceed to verify – that the failure of the Italian company is actually due to the COVID emergency- 19 and containment measures.

However, the certificate constitutes an important element for the company that will be able to renegotiate the contractual relationship or manage any litigation against the foreign counterpart more effectively.

Unioncamere has issued the reporting scheme.

For further information and assistance in the acquisition and use of the chamber certificate, you can contact our partners Enzo Bacciardi and Tommaso Mancini.