11 FAM 750
RESPONSIBILITIES OF THE ASSISTANT LEGAL ADVISER FOR
TREATY AFFAIRS (L/T)
(CT:POL-57; 10-14-2014)
(Office of Origin: L/T)
11 FAM 751 Preparation of Documents,
Ceremonies, and Instructions
(CT:POL-57; 10-14-2014)
Carrying out and providing advice and assistance
respecting the provisions of this chapter is the responsibility of the
Assistant Legal Adviser for Treaty Affairs (L/T), who:
(1) Reviews all drafts of international agreements,
proposals by other governments or international organizations, instructions and
position papers, all Circular 175 requests (see 11 FAM 721), and
accompanying memoranda of law;
(2) Makes arrangements for and/or supervises
ceremonies at Washington, DC for the signature of treaties or other
international agreements; and supervises the preparation of texts of treaties
and other agreements to be signed at Washington, DC;
(3) Supervises preparation of the Secretary of State's
reports to the President and the President's messages to the Senate to transmit
treaties for advice and consent to ratification;
(4) Prepares full powers, protocols of exchange,
instruments of ratification or adherence, instruments or notifications of
acceptance or approval, termination notices, and proclamations with respect to
treaties or other international agreements;
(5) Makes arrangements for the exchange or deposit of
instruments of ratification, deposit of instruments of adherence, the receipt
or deposit of instruments or notifications of acceptance or approval,
termination notices, and proclamations with respect to treaties or other
international agreements;
(6) Prepares instructions to posts abroad and notes to
foreign diplomatic missions at Washington, DC, respecting matters stated in subparagraph (5) of this section;
(7) Prepares and signs transmittals to the Congress of
all international agreements other than treaties, as required by the
Case-Zablocki Act, 1 U.S.C. 112b (see 11 FAM 726);
(8) Takes appropriate steps required for the
publication and registration of treaties and other international agreements to
which the United States is a party, including making them available on the
Departments Internet web site (see 11 FAM 727 and 11 FAM 753.3);
and
(9) Consults periodically with Congress on the full
range of treaty issues, including matters of treaty priorities for the
Administration; significant negotiations; the appropriate form of an
international agreement; and the attachment of reservations, understandings, or
declarations to treaties before the Senate for its advice and consent.
11 FAM 752 Preparing Documents for
Signature
(CT:POL-57; 10-14-2014)
a. After the text of a treaty or other agreement is
approved in writing in accordance with 11 FAM 724.7,
the document is normally prepared at the capital at which it is to be signed.
b. Adequate time (normally 7 business days) is allowed
for the preparation (printing on treaty paper), comparing, etc., of the treaty
or other agreement to be signed, in order to assure sufficient time for the
preparation of accurate texts in duplicate for signature, including, in the
case of documents to be signed in a foreign language, sufficient time for the
Language Services Division (A/OPR/LS) to
prepare any translations required; check any existing foreign-language draft;
and check the prepared foreign-language text. If any question arises as to the
time necessary to complete the preparation of texts at Washington, DC,
the matter will be referred to the Assistant Legal Adviser for Treaty Affairs
(L/T).
11 FAM 753 Publication and Registration
11 FAM 753.1 Publication of Texts
(CT:POL-57; 10-14-2014)
After the necessary action has been taken to bring into
force the treaty or other international agreement concluded by the United
States, it is published in the Treaties and Other International Acts Series
issued by the Department, which is currently
available on the public website of the Department of State, for texts of treaties
and international agreements after 1996 to which the United States is a party (TIAS). Treaties
and other agreements concluded prior to January 1, 1950, were published in the
United States Statutes at Large and for easy reference were reprinted in
Bevans, Treaties and Other International Agreements of the United States of
America, 1776-1949. NOTE: Some international agreements are exempt from
publication. For further information, see 22 CFR 181.8.
11 FAM 753.2 Responsibility for
Other Treaty Publications
(CT:POL-47; 05-26-2006)
The Office of the Assistant Legal Adviser for Treaty
Affairs (L/T) prepares and maintains the annual publication, Treaties in Force,
an authoritative guide to the text and status of treaties and other
international agreements currently in force for the United States. It also
compiles and has published, in addition to the text referred to in 11 FAM 753.1,
other volumes containing texts of treaties and other agreements as required or
authorized by law. The "Treaty Actions" information on the
Department of State web site is compiled by that office.
11 FAM 753.3 Registration
(CT:POL-47; 05-26-2006)
The Office of the Assistant Legal Adviser for Treaty
Affairs (L/T) is responsible for registering U.S. treaties and international
agreements:
(1) Article 102 of the United Nations Charter requires
that every treaty and every international agreement entered into by a member of
the United Nations be registered, as soon as possible, with the Secretariat and
published by it; and
(2) Article 83 of the Chicago Convention on
International Civil Aviation of 1944 requires registering aviation agreements
with the Council of the International Civil Aviation Organization.
11 FAM 753.4 United States as
Depositary
(CT:POL-47; 05-26-2006)
a. Inquiries from foreign diplomatic missions at Washington, DC and from U.S. diplomatic missions abroad with respect to the preparation or
deposit of instruments relating to any multilateral agreement for which the United States is depositary are referred to the Office of the Assistant Legal Adviser for
Treaty Affairs (L/T). Notify L/T immediately when any such document is
received anywhere in the Department. As the depositary office, the Office of
the Assistant Legal Adviser for Treaty Affairs (L/T) is required to ascertain
whether those documents are properly executed before accepting them for
deposit; to keep accurate records regarding them; and to inform other concerned
governments of the order and date it received such documents.
b. Before any arrangements are proposed or agreed to
for the United States to serve as depositary for any international agreement,
obtain the views of the Assistant Legal Adviser for Treaty Affairs (L/T).
11 FAM 753.5 Records and
Correspondence Custody
(CT:POL-57; 10-14-2014)
a. The Assistant Legal Adviser for Treaty Affairs (L/T) compiles and maintains authoritative
records regarding the negotiation, signature, transmission to the Senate, and
ratification or approval, as well as the existence, status, and application, of
all international agreements to which the United States is or may become a
party. Inquiries on these subjects are addressed to, and outgoing
communications cleared with, the Office of the Legal Adviser (L).
b. To insure that the records regarding the matters
described in this section are complete and up to date, it is important that all
relevant papers be referred to the Office of the Legal Adviser (L).
c. The Assistant Legal Adviser for Treaty Affairs is
responsible for the custody of originals of bilateral agreements and certified
copies of multilateral agreements pending entry into force and completion of
manuscripts for publication. Following publication, such originals and
certified copies are transferred to the National Archives. The Assistant Legal
Adviser for Treaty Affairs (L/T) retains
custody of signed originals of multilateral agreements for which the United
States is depositary, together with relevant instruments of ratification,
adherence, acceptance, or approval, as long as those agreements remain active.
11 FAM 754 THROUGH 759 UNASSIGNED