11 FAM 720  
NEGOTIATION ANd conclusion

(CT:POL-48;   09-25-2006)
(Office of Origin:  L/T)

11 FAM 721  Circular 175 Procedure

(CT:POL-44;   05-26-2006)

This subchapter is a codification of the substance of Department Circular No. 175, December 13, 1955, as amended, on the negotiation and conclusion of treaties and other international agreements.  It may be referred to for convenience and continuity as the “Circular 175 Procedure.”  The C-175 procedure facilitates the application of orderly and uniform measures to the negotiation, conclusion, reporting, publication, and registration of U.S. treaties and international agreements, and facilitates the maintenance of complete and accurate records on such agreements.

11 FAM 722  General Objectives

(CT:POL-44;   05-26-2006)

The objectives are:

(1)    That the making of treaties and other international agreements for the United States is carried out within constitutional and other appropriate limits;

(2)    That particular treaties or international agreements are not in conflict with other international agreements or U.S. law;

(3)    That the objectives to be sought in the negotiation of particular treaties and other international agreements are approved by the Secretary or an officer specifically authorized by him or her for that purpose;

(4)    That timely and appropriate consultation is had with congressional leaders and committees on treaties and other international agreements;

(5)    That where, in the opinion of the Secretary of State or a designee, the circumstances permit, other agencies and the public be given an opportunity to comment on treaties and other international agreements;

(6)    That firm positions departing from authorized positions are not undertaken without the approval of the Office of the Legal Adviser (L) and interested Assistant Secretaries or their deputies;

(7)    That the final texts developed are approved by the Office of the Legal Adviser (L) and the interested assistant secretaries or their deputies and, when required, brought a reasonable time before signature to the attention of the Secretary or an officer specifically designated by the Secretary for that purpose;

(8)    That authorization to sign the final text is obtained and appropriate arrangements for signature are made; and

(9)    That there is compliance with the requirements of 1 U.S.C. 112b, as amended, on the transmission of the texts of international agreements other than treaties to the Congress (see 11 FAM 726); the law on the publication of treaties and other international agreements (see 1 U.S.C. 112a and 11 FAM 727); and treaty provisions on registration (see 11 FAM 753.3).

11 FAM 723  EXERCISE OF THE INTERNATIONAL AGREEMENT POWER

11 FAM 723.1  Determination of Type of Agreement

(CT:POL-44;   05-26-2006)

The following considerations will be taken into account along with other relevant factors in determining whether an international agreement shall be dealt with by the United States as a treaty to be brought into force with the advice and consent of the Senate or as an agreement to be brought into force on some other constitutional basis.

11 FAM 723.2  Constitutional Requirements

(CT:POL-48;   09-25-2006)

There are two procedures under the Constitution through which the United States becomes a party to an international agreement.  Those procedures and the constitutional parameters of each are found below.

11 FAM 723.2-1  Treaties

(CT:POL-44;   05-26-2006)

International agreements (regardless of their title, designation, or form) whose entry into force with respect to the United States takes place only after the Senate has given its advice and consent are “treaties.”  The President, with the advice and consent of two-thirds of the Senators present, may enter into an international agreement on any subject genuinely of concern in foreign relations, so long as the agreement does not contravene the United States Constitution.

11 FAM 723.2-2  International Agreements Other Than Treaties

(CT:POL-48;   09-25-2006)

International agreements brought into force with respect to the United States on a constitutional basis other than with the advice and consent of the Senate are “international agreements other than treaties.”  (The term “sole executive agreement” is appropriately reserved for agreements made solely on the basis of the constitutional authority of the President.)  There are three constitutional bases for international agreements other than treaties as set forth below.  An international agreement may be concluded pursuant to one or more of these constitutional bases:

(1)    Treaty;

(2)    Legislation;

(3)    Constitutional authority of the President.

11 FAM 723.2-2(A)  Agreements Pursuant to Treaty

(CT:POL-44;   05-26-2006)

The President may conclude an international agreement pursuant to a treaty brought into force with the advice and consent of the Senate, the provisions of which constitute authorization for the agreement by the Executive without subsequent action by the Congress.

11 FAM 723.2-2(B)  Agreements Pursuant to Legislation

(CT:POL-48;   09-25-2006)

The President may conclude an international agreement on the basis of existing legislation, or subject to legislation to be adopted by the Congress, or upon the failure of Congress to adopt a disapproving joint or concurrent resolution within designated time periods.

11 FAM 723.2-2(C)  Agreements Pursuant to the Constitutional Authority of the President

(CT:POL-48;   09-25-2006)

The President may conclude an international agreement on any subject within his constitutional authority so long as the agreement is not inconsistent with legislation enacted by the Congress in the exercise of its constitutional authority.  The constitutional sources of authority for the President to conclude international agreements include:

(1)    The President's authority as Chief Executive to represent the nation in foreign affairs;

(2)    The President's authority to receive ambassadors and other public ministers, and to recognize foreign governments;

(3)    The President's authority as “Commander-in-Chief”; and

(4)    The President's authority to “take care that the laws be faithfully executed.”

11 FAM 723.3  Considerations for Selecting Among Constitutionally Authorized Procedures

(CT:POL-44;   05-26-2006)

In determining a question as to the procedure which should be followed for any particular international agreement, due consideration is given to the following factors along with those in 11 FAM 723.2:

(1)    The extent to which the agreement involves commitments or risks affecting the nation as a whole;

(2)    Whether the agreement is intended to affect state laws;

(3)    Whether the agreement can be given effect without the enactment of subsequent legislation by the Congress;

(4)    Past U.S. practice as to similar agreements;

(5)    The preference of the Congress as to a particular type of agreement;

(6)    The degree of formality desired for an agreement;

(7)    The proposed duration of the agreement, the need for prompt conclusion of an agreement, and the desirability of concluding a routine or short-term agreement; and

(8)    The general international practice as to similar agreements.

In determining whether any international agreement should be brought into force as a treaty or as an international agreement other than a treaty, the utmost care is to be exercised to avoid any invasion or compromise of the constitutional powers of the President, the Senate, and the Congress as a whole.

11 FAM 723.4  Questions as to Type of Agreement to Be Used; Consultation with Congress

(CT:POL-48;   09-25-2006)

a. All legal memoranda accompanying Circular 175 requests (see 11 FAM 724.3, paragraph h) will discuss thoroughly the legal authorities underlying the type of agreement recommended.

b. When there is any question whether an international agreement should be concluded as a treaty or as an international agreement other than a treaty, the matter is brought to the attention, in the first instance, of the Legal Adviser for Treaty Affairs.  If the Assistant Legal Adviser for Treaty Affairs considers the question to be a serious one that may warrant formal congressional consultation, s/he or an appropriate representative of the Office of the Legal Adviser (L) will consult with the Assistant Secretary for Legislative Affairs (H) (or designee) and other affected bureaus.  Upon receiving their views on the subject, the Legal Adviser will, if the matter has not been resolved, transmit a memorandum thereon to the Secretary (or designee) for a decision.  Every practicable effort will be made to identify such questions at the earliest possible date so that consultations may be completed in sufficient time to avoid last-minute consideration.

c.  Consultations on such questions will be held with congressional leaders and committees as may be appropriate.  Arrangements for such consultations shall be made by the Assistant Secretary for Legislative Affairs and shall be held with the assistance of the Office of the Legal Adviser (L) and such other offices as may be determined.  Nothing in this section shall be taken as derogating from the requirement of appropriate consultations with the Congress in accordance with 11 FAM 725.1, subparagraph (5), in connection with the initiation of, and developments during negotiations for international agreements, particularly where the agreements are of special interest to the Congress.

11 FAM 724  ACTION REQUIRED IN NEGOTIATION, CONCLUSION, AND TERMINATION OF TREATIES AND INTERNATIONAL AGREEMENTS

11 FAM 724.1  Authorization Required to Undertake Negotiations

(CT:POL-44;   05-26-2006)

Negotiations of treaties, or other “significant” international agreements, or for their extension or revision, are not to be undertaken, nor any exploratory discussions undertaken with representatives of another government or international organization, until authorized in writing by the Secretary or an officer specifically authorized by the Secretary for that purpose.

11 FAM 724.2  Scope of Authorization

(CT:POL-44;   05-26-2006)

Approval of a request for authorization to negotiate a treaty or other international agreement does not constitute advance approval of the text nor authorization to agree upon a date for signature or to sign the treaty or agreement.  Authorization to agree upon a given date for, and to proceed with, signature must be specifically requested in writing, as provided in 11 FAM 724.3.  This applies to treaties and other agreements to be signed abroad as well as those to be signed at Washington.  Special instructions may be required, because of the special circumstances involved, for multilateral conventions or agreements to be signed at international conferences.


11 FAM 724.3  Request for Authorization to Negotiate and/or Sign Action Memorandum

(CT:POL-48;   09-25-2006)

a. A request for authorization to negotiate and/or conclude a treaty or other international agreement takes the form of an action memorandum addressed to the Secretary or other principal to whom such authority has been delegated, as appropriate, and cleared with the Office of the Legal Adviser (L) (including the Assistant Legal Adviser for Treaty Affairs), the Office of the Assistant Secretary for Legislative Affairs, other appropriate bureaus, and any other agency (such as Defense, Commerce, etc.) which has primary responsibility or a substantial interest in the subject matter.

b. The action memorandum may request one of the following:

(1)    Authority to negotiate;

(2)    Authority to conclude; or

(3)    Authority to negotiate and conclude.

The request in each instance states that any substantive changes in the draft text will be cleared with the Office of the Legal Adviser and other specified regional and/or functional bureaus before definitive agreement is reached.  Drafting offices should consult closely with the Office of the Legal Adviser (L) to ensure that all legal requirements are met.

c.  The action memorandum indicates what arrangements have been made and/or are planned as to:  (1) congressional consultation and (2) opportunity for public comment on the treaty or agreement being negotiated, signed, or acceded to.

d. The action memorandum shall indicate whether a proposed treaty or agreement embodies a commitment to furnish funds, goods, or services beyond or in addition to those authorized in an approved budget; and if so, what arrangements are being planned or carried out concerning consultation with the Office of Management and Budget (OMB) for such commitment.  The Department will not authorize such commitments without confirmation that the relevant budget approved by the President requests or provides funds adequate to fulfill the proposed commitment or that the President has made a determination to seek the required funds.

e. The action memorandum shall indicate whether a proposed treaty or agreement embodies a commitment that could reasonably be expected to require (for its implementation) the issuance of a “significant regulatory action” (as defined in section 3 of Executive Order 12866); and if so, what arrangements are being planned or carried out concerning timely consultation with OMB.  The Department will not authorize such commitments without confirmation that OMB has been consulted in a timely manner concerning the proposed commitment.

f.  Where it appears that there may be issues regarding the public disclosure of the text of an agreement upon its signature or entry into force, the action memorandum shall include an explanation thereof (see 11 FAM 725.2 and 11 FAM 725.3).

g. An action memorandum dealing with an agreement that has a potential for adverse environmental impact should contain a statement indicating whether the agreement will significantly affect the quality of the human environment.

h. The action memorandum is accompanied by:

(1)    The U.S. draft, if available, of any agreement or other instrument intended to be negotiated; or

(2)    The text of any agreement and related exchange of notes, agreed minutes, or other document to be signed (with appropriate clearances, including that of the Assistant Legal Adviser for Treaty Affairs); and

(3)    A memorandum of law prepared in the Office of the Legal Adviser.

i.  These provisions shall apply whether a proposed international agreement is to be concluded in the name of the U.S. Government or in the name of a particular agency of the U.S. Government.  However, in the latter case, the action memorandum may be addressed to the interested Assistant Secretary or Secretaries of State, or their designees in writing, unless such official(s) judge that consultation with the Secretary, Deputy Secretary or an Under Secretary is necessary.  (See 22 CFR 181.4.)

11 FAM 724.4  Separate Authorizations

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a. When authorization is sought for a particular treaty or other agreement, either multilateral or bilateral, the action memorandum for this purpose outlines briefly and clearly the principal features of the proposed treaty or other agreement, indicates any special problems which may be encountered and, if possible, the contemplated solutions of those problems.

b. With respect to treaties or international agreements negotiated or concluded under the auspices of international organizations, a separate Circular 175 authorization may be required for the particular treaty or agreement, even in the event that a Circular 175 authorization to join the international organization itself has been completed, and even in the case of an international organization that has as one of its primary purposes the negotiation of agreements.  The Assistant Legal Adviser for Treaty Affairs should be consulted on the need for Circular 175 authorization in a particular case.

11 FAM 724.5  Blanket Authorizations

(CT:POL-44;   05-26-2006)

a. In general, blanket authorizations are appropriate only in those instances where, in carrying out or giving effect to provisions of law or policy decisions, a series of agreements of the same general type is contemplated; that is, a number of agreements to be negotiated according to a more or less standard formula (for example, Public Law 480 Agricultural Commodities Agreements; Educational Exchange Agreements; Investment Guaranty Agreements; Weather Station Agreements) or a number of treaties to be negotiated according to a more or less standard formula (for example, consular conventions, extradition treaties, etc.).  Each request for blanket authorization shall specify the office or officers to whom the authority is to be delegated.

b. The basic precepts under 11 FAM 724.3 and 11 FAM 724.4 apply equally to requests for blanket authorizations.  The specific terms of any blanket authorization, i.e., that the text of any particular agreement shall be cleared by the Office of the Legal Adviser (L) and other interested bureaus before signature, shall be observed in all cases.

11 FAM 724.6  Certification of Foreign Language Text

(CT:POL-48;   09-25-2006)

a. Before any treaty or other agreement containing a foreign language text is laid before the Secretary (or any person authorized by the Secretary) for signature, either in the Department or at a post, a signed memorandum must be obtained from a responsible language officer of the Department certifying that the foreign language text and the English language text are in conformity with each other and that both texts have the same meaning in all substantive respects.  A similar certification must be obtained for exchanges of notes that set forth the terms of an agreement in two languages.

b. In the case of treaties or international agreements that expressly provide that the English language text prevails in the case of a divergence between the language texts, the certification described in paragraph a of this section may not be required.

c.  In exceptional circumstances the Department can authorize the certification to be made at a post.

11 FAM 724.7  Transmission of Texts to the Secretary

(CT:POL-44;   05-26-2006)

The texts of treaties and other international agreements must be completed and approved in writing by all responsible officers concerned sufficiently in advance to give the Secretary, or the person to whom authority to approve the text has been delegated, adequate time before the date of signing to examine the text and dispose of any questions that arise.  Posts must transmit the texts to the Department as expeditiously as feasible to assure adequate time for such consideration.  Except as otherwise specifically authorized by the Secretary, a complete text of a treaty or other international agreement must be delivered to the Secretary or other person authorized to approve the text, before any such text is agreed upon as final or any date is agreed upon for its signature.

11 FAM 724.8  Authorization to Terminate Treaties or International Agreements

(CT:POL-44;   05-26-2006)

Terminations of treaties or other international agreements are not to be undertaken, nor any exploratory discussions undertaken with representatives of another government or international organization, until authorized by the Secretary or an officer specifically authorized by the Secretary for that purpose.  A Circular 175 memorandum (as well as accompanying documents) should be prepared that takes into account the views of the relevant government agencies and interested bureaus within the Department (including the Office of the Legal Adviser (L) and the Bureau of Legislative Affairs).

11 FAM 725  RESPONSIBILITY OF OFFICE OR OFFICER CONDUCTING NEGOTIATIONS

11 FAM 725.1  Conduct of Negotiations

(CT:POL-44;   05-26-2006)

The office or officer responsible for any negotiations keeps in mind that:

(1)    During the negotiations no position is communicated to a foreign government or to an international organization as a U.S. position that goes beyond any existing authorization or instructions;

(2)    No proposal is made or position is agreed to beyond the original authorization without appropriate clearance (see 11 FAM 722.3, paragraph a);

(3)    All significant policy-determining memoranda and instructions to the field on the subject of the negotiations have appropriate clearance (see 11 FAM 724.3, paragraph a);

(4)    The Secretary or other principal, as appropriate, is kept informed in writing of important policy decisions and developments, including any particularly significant departures from substantially standard drafts that have evolved;

(5)    With the advice and assistance of the Assistant Secretary for Legislative Affairs, the appropriate congressional leaders and committees are advised of the intention to negotiate significant new international agreements, consulted concerning such agreements, and kept informed of developments affecting them, including especially whether any legislation is considered necessary or desirable for the implementation of the new treaty or agreement.  Where the proposal for any especially important treaty or other international agreement is contemplated, the Office of the Assistant Secretary for Legislative Affairs will be informed as early as possible by the office responsible for the subjects;

(6)    The interest of the public be taken into account and, where in the opinion of the Secretary of State or his or her designee the circumstances permit, the public be given an opportunity to comment;

(7)    In no case, after accord has been reached on the substance and wording of the texts to be signed, do the negotiators sign an agreement or exchange notes constituting an agreement until a request under 11 FAM 724.3 for authorization to conclude has been approved and, if at a post abroad, until instructed by the Department to do so as stated in 11 FAM 731.3.  If an agreement is to be signed in two languages, each language text must be cleared in full with the Language Services Division or, if at a post abroad, with the Department before signature, as stated in 11 FAM 724.6;

(8)    Due consideration is given also to the provisions of 11 FAM 725.2 through 11 FAM 725.9, 11 FAM 731.3, and 11 FAM 732 of this chapter; and

(9)    In any case where any other department or agency is to play a primary or significant role or has a major interest in negotiation of an international agreement, the appropriate official or officials in such department or agency are informed of the provisions of this subchapter.

11 FAM 725.2  Publications and Registration

(CT:POL-48;   09-25-2006)

The objective of avoiding any commitment incompatible with the law requiring publication (1 U.S.C. 112a) and with the treaty provisions requiring registration (see 11 FAM 753.3) should be borne in mind by U.S. negotiators.  Although negotiations may be conducted and draft texts may be exchanged on a confidential basis, efforts must be made to assure that any definitive agreement or commitment entered into will be devoid of any aspect which would prevent the publication and registration of the agreement.  Classified agreements are not published.

11 FAM 725.3  Public Release of International Agreements

(CT:POL-48;   09-25-2006)

a. The Office of the Assistant Legal Adviser for Treaty Affairs (L/T) receives numerous inquiries for copies of unclassified U.S. treaties and international agreements.  Unclassified international agreements that have entered into force generally will be released upon request.  These agreements are reported to Congress under the Case Act and, unless classified, generally are published by the Office of the Assistant Legal Adviser for Treaty Affairs.

b. Unclassified international agreements that enter into force upon signature generally will be released once there is a signed agreement.

c.  A more detailed analysis will be required for those unclassified international agreements that do not enter into force upon signature:

(1)    Many international agreements do not enter into force upon signature, but still require some sort of Presidential (or Executive) action prior to being brought into force (“PA Agreements”).  Some agreements require further action by the Executive on the international plane, such as an exchange of notes between the parties confirming completion of their respective domestic procedures or the deposit of an instrument of ratification or acceptance, before the agreements enter into force.  Other agreements require that the President also take certain domestic actions after signature and before the agreement enters into force.  For example, the President may need to seek the advice and consent of the Senate to ratify a treaty.  For other types of agreements, the President may need to transmit an agreement to Congress for a mandatory review period;

(2)    With respect to signed PA Agreements that (a) have not been submitted to Congress, (b) are not publicly available from other sources, and (c) require Presidential or Executive action before they enter into force, the Office of the Assistant Legal Adviser for Treaty Affairs will consult with relevant offices within the Department, other agencies, the White House, and possibly the foreign government to identify potential sensitivities about public release of these agreements.  When sensitivities are identified, the office will work with other relevant offices to determine whether such agreements properly should be classified or otherwise withheld under any applicable exemption under the Freedom of Information Act, perhaps on a temporary basis until they enter into force.  Where no sensitivities or issues are identified, the office will release a copy of the agreement.

d. Classified international agreements are not subject to public release.

11 FAM 725.4  Public Statements

(CT:POL-44;   05-26-2006)

No public statement is to be made indicating that agreement on a text has been reached, or that negotiations have been successfully completed, before authorization is granted to sign the treaty or other agreement.  If such authorization has been granted subject to a condition that no substantive change in the proposed text is made without appropriate clearance (see 11 FAM 724.3, paragraph a), no such public statement is to be made until definitive agreement on the text has been reached and such clearance has been received.  Normally, such a public statement is made only at the time a treaty or other agreement is actually signed, inasmuch as it remains possible that last-minute changes will be made in the text.  Any such statement prior to that time must have the appropriate clearance, and the approval of the Secretary or the Department principal who originally approved the action memorandum request under “Circular 175 Procedure.”

11 FAM 725.5  English-Language Text

(CT:POL-44;   05-26-2006)

Negotiators will assure that every bilateral treaty or other international agreement to be signed for the United States contains an English-language text.  If the language of the other country concerned is one other than English, the text is done in English and, if desired by the other country, in the language of that country.  A U.S. note that constitutes part of an international agreement effected by exchange of notes is always in the English language.  If it quotes a foreign government note, the quotation is to be rendered in English translation.  A U.S. note is not in any language in addition to English, unless specifically authorized (with the clearance of the Assistant Legal Adviser for Treaty Affairs).  The note of the other government concerned may be in whatever language that government desires.

11 FAM 725.6  Electronic Reporting of Signature of Treaty or Exchange of Notes

(CT:POL-44;   05-26-2006)

The officer responsible for the signature of a treaty or other international agreement or for the exchange of notes constituting an international agreement shall as soon as possible, in any event within twenty-four hours of the signature or exchange, report electronically to the address that follows:  the title of the signed treaty or other international agreement or the subject matter and names of the parties to the exchange of notes, as well as the date and place where the signature or exchange took place.  The reporting address is treatyoffice@state.gov.


11 FAM 725.7  Transmission of Signed Texts to Assistant Legal Adviser for Treaty Affairs

(CT:POL-44;   05-26-2006)

a. The officer responsible for the negotiation of a treaty or other agreement at any post must transmit, as expeditiously as possible, the signed original text, together with all accompanying papers such as agreed minutes, exchanges of notes, plans, etc. (indicating full names of persons who signed), to the Assistant Legal Adviser for Treaty Affairs.  Where originals are not available, the officer must obtain accurate certified copies and transmit them as in the case of the original.  (See 11 FAM 725.8, 11 FAM 725.9, and 11 FAM 725.10.)

b. Any officer in the Department having possession of or receiving from any source a signed original or certified copy of a treaty or agreement or of a note or other document constituting a part of a treaty or agreement must forward such documents immediately to the Assistant Legal Adviser for Treaty Affairs.

11 FAM 725.8  Transmission of Certified Copies to the Department

(CT:POL-44;   05-26-2006)

a. When an exchange of diplomatic notes between the mission and a foreign government constitutes an agreement or has the effect of extending, modifying, or terminating an agreement to which the United States is a party, a properly certified copy of the note from the mission to the foreign government, and the signed original of the note from the foreign government are sent, as soon as practicable (indicating full names of persons who signed) [remove italics] to the Department for attention of the Assistant Legal Adviser for Treaty Affairs.  Likewise, if, in addition to the treaty or other international agreement signed, notes related thereto are exchanged (either at the same time, beforehand, or thereafter), particularly bringing an agreement into force, a properly certified copy (copies) of the note(s) from the mission to the foreign government is transmitted with the signed original(s) of the note(s) from the foreign government.

b. In each instance, the mission retains for its files certified copies of the note exchanged.  The U.S. note is prepared in accordance with the rules prescribed in 5 FAH-1, Correspondence Handbook.  The note of the foreign government is prepared in accordance with the style of the foreign ministry and usually in the language of that country.  Whenever practicable, arrangements are made for the notes to bear the same date.

11 FAM 725.9  Certification of Copies

(CT:POL-44;   05-26-2006)

If a copy of a note is a part of an international agreement, such copy is certified by a duly commissioned and qualified Foreign Service officer either (a) by a certification on the document itself, or (b) by a separate certification attached to the document.  A certification on the document itself is placed at the end of the document.  It indicates, either typed or rubber stamped, that the document is a true copy of the original signed (or initialed) by (INSERT FULL NAME OF OFFICER WHO SIGNED DOCUMENT), and it is signed by the certifying officer. If a certification is typed on a separate sheet of paper, it briefly describes the document certified and states that it is a true copy of the original signed (or initialed) by (FULL NAME), and it is signed and dated by the certifying officer.  The certification may be stapled to the copy of the note.

11 FAM 725.10  Preparation of Copies for Certification

(CT:POL-44;   05-26-2006)

For purposes of accuracy of the Department's records and publication and registration, a certified copy must be an exact copy of the signed original.  It must be communicated in a form that renders information accessible so as to be usable for subsequent reference, either as a PDF file e-mailed to treatyoffice@state.gov or as a facsimile reproduction on white durable paper and must be clearly legible.  In the case of notes, the copy shows the letterhead, the date and, if signed, an indication of the signature or, if merely initialed, the initials which appear on the original.  It is suggested that, in the case of a note from the mission to the foreign government, the copy for certification and transmission to the Department be made at the same time the original is prepared.  If the copy is made at the same time, the certificate prescribed in 11 FAM 725.9 may state that the document is a true and correct copy of the signed original.  If it is not possible to make a copy at the same time the original is prepared, the certificate indicates that the document is a true and correct copy of the copy on file in the mission.  The word "(Copy)" is not placed on the document which is being certified; the word "(Signed)" is not placed before the indication of signatures.

11 FAM 726  TRANSMISSION OF INTERNATIONAL AGREEMENTS OTHER THAN TREATIES TO CONGRESS: COMPLIANCE WITH THE CASE-ZABLOCKI ACT

(CT:POL-44;   05-26-2006)

All officers will be especially diligent in cooperating to assure compliance with Public Law 92-403 "An Act to require that international agreements other than treaties, hereafter entered into by the United States, be transmitted to the Congress within sixty days after the execution thereof."  That act, popularly known as the Case-Zablocki Act, approved August 22, 1972 (86 Stat. 619; 1 U.S.C. 112b, as amended), provides in relevant part:

The Secretary of State shall transmit to the Congress the text of any international agreement The Secretary of State shall transmit to the Congress the text of any international agreement (including the text of any oral international agreement, which agreement shall be reduced to writing) other than a treaty to which the United States is a party as soon as practicable after such agreement has entered into force with respect to the United States but in no event later than sixty days thereafter.  However, any such agreement the immediate public disclosure of which would in the opinion of the President, be prejudicial to the national security of the United States shall not be so transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives under an appropriate injunction of secrecy to be removed only upon due notice from the President.  Any department or agency of the United States government which enters into any international agreement on behalf of the United States shall transmit to the Department of State the text of such agreement not later than twenty days after such agreement has been signed.

 


11 FAM 727  PUBLICATION and internet availability OF TREATIES AND OTHER INTERNATIONAL AGREEMENTS OF THE UNITED STATES

(CT:POL-44;   05-26-2006)

The attention of all officers is directed to the requirements of the Act of September 23, 1950 (64 Stat. 979; 1 U.S.C. 112a), which provides in relevant part:

(a)    The Secretary of State shall cause to be compiled, edited, indexed, and published, beginning as of January 1,1950, a compilation entitled "United States Treaties and Other International Agreements," which shall contain all treaties to which the United States is a party that have been proclaimed during each calendar year, and all international agreements other than treaties to which the United States is a party that have been signed, proclaimed, or with reference to which any other final formality has been executed, during each calendar year.  The said United States Treaties and Other International Agreements shall be legal evidence of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and agreements, therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.

*******

(d)    The Secretary of State shall make publicly available through the Internet website of the Department of State each treaty or international agreement proposed to be published in the compilation entitled “United States Treaties and Other International Agreements” not later than 180 days after the date on which the treaty or agreement enters into force.

11 Fam 728  and 729 UNASSIGNED