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
(CT:POL-44; 05-26-2006)
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.
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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:
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(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.
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11 Fam 728 and 729 UNASSIGNED