11 FAM 740
MULTILATERAL TREATIES AND AGREEMENTS
(CT:POL-64; 04-02-2018)
(Office of Origin: L/T)
11 FAM 741 General Procedures
(CT:POL-46; 05-26-2006)
The procedures for making multilateral agreements are in
many respects the same as those for making bilateral agreements; for example,
the general requirements in regard to full powers, ratification, proclamation,
and publication. This subchapter covers certain procedures that vary with
bilateral procedures.
11 FAM 742 Negotiation
11 FAM 742.1 Function of
International Conference
(CT:POL-46; 05-26-2006)
The international conference is the device usually
employed for negotiating multilateral agreements. The greater the number of
countries involved, the greater the necessity for such a conference. If only
three or four countries are involved, it may be convenient to conduct the
preliminary negotiations through correspondence and have a joint meeting of
plenipotentiaries to complete the negotiations and to sign the document.
11 FAM 742.2 Invitation
(CT:POL-46; 05-26-2006)
Traditionally, the international conference is convened by
one government extending to other interested governments an invitation
(acceptance usually assured beforehand) to participate, the host government
bearing most, if not all, of the expense incident to the physical aspects of
the conference. This is still often the practice, but increasing numbers of
conferences have been convened under the auspices and at the call of
international organizations.
11 FAM 742.3 Statement of Purpose
(CT:POL-46; 05-26-2006)
When a call is made or invitations are extended for a
conference to formulate a multilateral agreement, it is customary for a precise
statement of purpose to accompany the call or the invitations. Sometimes, the
invitation is also accompanied by a draft agreement to be used as a basis for
negotiations. If the conference is called under the auspices of an
international organization, the precise statement of purpose or the draft
agreement may be prepared in preliminary sessions of the organization or by the
secretariat of the organization.
11 FAM 742.4 Instructions to
Negotiators
(CT:POL-64; 04-02-2018)
The U.S. delegation to a conference may be comprised of
one or more representatives. As a rule, the U.S. delegation is furnished
written instructions by the Department prior to the conference in the form of a
position paper for the U.S. delegation cleared with the Secretary or an officer
specifically authorized by him or her and other appropriate Department officers
for that purpose, under the procedures described in 11 FAM 722, subparagraph (3). The Office of the Legal
Adviser (L) in all instances reviews drafts of international conventions to be
considered in meetings of an international organization of which the United States is a member; when necessary, it also provides legal assistance at
international conferences and meetings.
11 FAM 742.5 Final Acts of Conference
(CT:POL-46; 05-26-2006)
The "Final Act" of a conference should not
contain international commitments. A Final Act generally is limited to such
matters as a statement or summary of the proceedings of the conference, the
names of the states that participated, the organization of the conference and
the committees established, resolutions adopted, the drafts of international
agreements formulated for consideration by governments concerned, and the
like. If an international agreement is to be opened for signature at the close
of the conference, a text thereof may be annexed to the Final Act but must not
be incorporated in the body thereof; the text to be signed must be prepared and
bound separately for that purpose. Where a Final Act appears to embody
international commitments, the U.S. representative reports the same to the
Department and awaits specific instructions before taking any further action.
11 FAM 743 OFFICIAL AND WORKING
LANGUAGES
11 FAM 743.1 General Procedures
(CT:POL-46; 05-26-2006)
The working languages of the conference and the official
languages of the conference documents are determined by the conference. A
conference does not necessarily adopt all of the languages for both purposes.
It is customary and preferable for all the official languages in which the
final document is prepared for signature to be designated as having equal
authenticity. It is possible, however, for the conference to determine,
because of special circumstances, that in the event of dispute one of the languages
is to prevail and to include in the text of the agreement a provision to that
effect. Before a U.S. delegation concurs in any such proposal, it must request
instructions from the Department.
11 FAM 743.2 English-Language Text
(CT:POL-46; 05-26-2006)
Negotiators will use every practicable effort to assure
that an English-language text is part of the authentic text of any multilateral
treaty negotiated for the United States. Where any question exists on this
subject, the negotiators should seek further instructions.
11 FAM 744 PREPARATION OF DOCUMENTS FOR
SIGNATURE
11 FAM 744.1 Language or Languages
Used in Texts
(CT:POL-46; 05-26-2006)
The multilateral agreement drawn up at an international
conference is prepared for signature in the official language or languages
adopted by the conference. (See 11 FAM 743.)
The document preparation ordinarily will be done by the conference secretariat.
11 FAM 744.2 Principle of the
Alternat
(CT:POL-46; 05-26-2006)
The principle of the alternat (see 11 FAM 731.5)
does not apply in regards to a multilateral agreement, except in the remote
case when an agreement between three or four governments is prepared for
signature in the language of all the signatories and each of those governments
receives a signed original of the agreement. Customarily, a multilateral
agreement is prepared for signature in a single original, comprising all the
official languages. That original is placed in the custody of a depositary
(either a government or an international organization) that furnishes certified
copies to all governments concerned.
11 FAM 744.2-1 Arrangement of
Texts
(CT:POL-46; 05-26-2006)
The arrangement of multilateral agreement texts varies,
depending largely on the number of languages used. As in the case of bilateral
agreements, however, the basic alternatives in the case of multilateral
agreements are "tandem," parallel columns, or facing pages, as
follows:
11 FAM 744.2-1(A) Tandem
(CT:POL-46; 05-26-2006)
If an agreement is to be signed in two languages, and
especially if signed in three or more languages, the texts may be arranged in
tandem style, that is, one complete text following the other. This allows
readily for any number of official texts; the tandem style precedent of the
Charter of the United Nations is followed for preparing agreements formulated
under the UN auspices. It is desirable, whenever practicable, that the
concluding part of each text be placed with the concluding part of each of the
other texts in parallel columns on the page on which the first of the
signatures appears, although the tandem arrangement described at the end of 11 FAM 744.2-1C
can be used.
11 FAM 744.2-1(B) Parallel
Columns
(CT:POL-46; 05-26-2006)
If an agreement is to be signed in only two languages, the
traditionally preferred method of arrangement of the texts has been parallel,
vertical columns. This method may be used also if only three languages are
used, but the three columns are necessarily so narrow that the method has been
rarely used in such cases. When there are four official languages, however, it
is possible to use the parallel column method by placing two of the language
texts on a left-hand page and the other two language texts on the facing
right-hand page; this method has been used often and to good advantage in
various inter-American agreements with English, Spanish, French, and
Portuguese.
11 FAM 744.2-1(C) Facing Pages
(CT:POL-46; 05-26-2006)
If an agreement is to be signed in only two languages, and
circumstances make it necessary or desirable, the facing page method may be
used for preparing the texts for signature, so that one of the language texts
will be on a left-hand page and the other will be on the facing right-hand
page. When this method is used, it is desirable that at least the concluding
part (usually beginning IN WITNESS WHEREOF, DONE," etc.) be prepared in
parallel columns on the page at the end of the texts in both languages so that
only one set of signatures is required. If parallel columns are not feasible,
the concluding paragraphs can be placed tandem fashion (one language text after
another) on the page at the end of the texts in both languages.
11 FAM 744.2-2 Arrangement of
Names and Signatures
(CT:POL-46; 05-26-2006)
a. The arrangement of names and signatures, although
seemingly a minor matter, sometimes presents difficulties in the case of
multilateral agreements. There may be variations of arrangements, depending on
particular factors, but the arrangement most generally used is alphabetical
according to the names of the countries concerned. An alphabetical listing,
however, presents the further question, even when there are only two languages,
of what language is to be used in determining the arrangement.
b. It is a common practice to use the language of the
host government or for an agreement formulated under the auspices of an
international organization, to follow the precedents established by that
organization. It is possible, in the event that agreement could not be reached
regarding the arrangement of names of countries and signatures of
plenipotentiaries, to have a drawing of lots, a device seldom used. In any
event, the question is one to be determined by the conference.
11 FAM 744.3 Conformity of Texts
(CT:POL-46; 05-26-2006)
It is the primary responsibility of the delegations,
acting in conference, to determine the conformity of the agreement texts that
are to be signed. However, the conference secretariat has a responsibility for
checking the texts carefully to insure that, when put in final form for
signature, the texts are in essential conformity.
11 FAM 745 FULL POWERS
(CT:POL-46; 05-26-2006)
a. In the case of a multilateral agreement drawn up at
an international conference, this Government customarily (almost invariably, in
the case of a treaty) issues to one or more of its representatives at the
conference an instrument of full power authorizing signature of the agreement
on behalf of the United States. In some instances, issuance of the full power
is deferred until it is relatively certain that the agreement formulated is to
be signed for the United States. (See 11 FAM 733.)
Ordinarily, that full power is presented by the representatives to the
secretary general of the conference upon arrival of the delegation at the
conference site. It may be submitted in advance of arrival, but usually that
is not necessary.
b. When the conference has formally convened, it
usually appoints a credentials committee, to which all full powers and other
evidence of authorization are submitted for examination. The full powers and
related documents are retained by the credentials committee or the secretary
general until the close of the conference. At the close of the conference, the
full powers, related documents, and the signed original of the agreement are
turned over to the government or the international organization designated in
the agreement as the depositary authority, to be placed in its archives.
11 FAM 746 SIGNATURE AND SEALING
(CT:POL-46; 05-26-2006)
See also 11 FAM 734.
11 FAM 746.1 Signature
(CT:POL-46; 05-26-2006)
Most multilateral agreements are signed. Some, however,
are adopted by a conference or organization after which governments become
parties by adherence, accession, acceptance, or some other method not requiring
signature (for example, conventions drawn up and adopted at sessions of the
International Labor Organization). Procedures for the deposit of an instrument
of adherence, accession, or acceptance are similar to procedures for the
deposit of instruments of ratification. In some cases, accession or approval
can be accomplished by formal notice through diplomatic channels.
11 FAM 746.2 Seals
(CT:POL-46; 05-26-2006)
Multilateral treaties do not usually provide for the use
of seals along with the signatures of representatives. The large number of
signatures would make the use of seals difficult and cumbersome.
11 FAM 747 DISPOSITION OF FINAL
DOCUMENTS OF CONFERENCE
(CT:POL-46; 05-26-2006)
a. At the close of a conference, the remaining supply
of working documents (for example, records of committee meetings, verbatim
minutes, etc.) usually is placed in the custody of the host government or the
organization that called the conference for appropriate disposition. It is not
proper for definitive commitments constituting part of the agreement to be
embodied in such working documents. Definitive commitments must be
incorporated only in a final document to be signed or adopted as an
international agreement.
b. The final documents of the conference may include a
Final Act (see 11
FAM 742.5) and separately, the text(s) of any agreement(s). The practice
of signing a Final Act is still followed in many cases. In any event, any
agreement formulated at the conference must be prepared as a separate document
and signed or adopted. The signed or adopted originals of the final documents
of the conference are submitted to the government or international organization
designated in such documents as depositary. If the conference is not held
under the auspices of an organization, it is customary for the host government
to be designated depositary, but it might be appropriate, even in such case, to
name an organization, such as the United Nations, as depositary. The decision
is made by the conference, with the concurrence of the government or
international organization concerned.
11 FAM 748 PROCEDURE FOLLOWING
SIGNATURE
11 FAM 748.1 Understandings or
Reservations
(CT:POL-46; 05-26-2006)
If it is necessary to inform other governments concerned,
and perhaps obtain their consent, with respect to an understanding,
interpretation, or reservation included by the Senate in its resolution of
advice and consent, this Government communicates with the depositary, which then
carries on the necessary correspondence with the other governments concerned.
11 FAM 748.2 Deposit of
Ratification
(CT:POL-46; 05-26-2006)
a. When the depositary for a multilateral agreement is
a foreign government or an international organization, the U.S.
instrument of ratification (or adherence, accession, acceptance, etc.) is sent
by the Office of the Assistant Legal Adviser for Treaty Affairs (L/T) to the
appropriate Foreign Service mission or to the U.S. representative to the
organization if there is a permanent representative. The mission or the
representative deposits it with the depositary authority in accordance with the
terms of the accompanying instruction from the Department concerning the time
of deposit.
b. When this Government is depositary for a
multilateral agreement, posts are not authorized to accept instruments of
ratification of foreign governments; that is, the foreign government cannot
deposit its instrument with the post. If a post is requested to transmit an
instrument of ratification to the Department, it must make clear to the foreign
government that the post is acting only as a transmitting agent and that the
ratification cannot be considered as accepted for deposit until received and
examined by the Department.
11 FAM 748.3 Registration
(CT:POL-46; 05-26-2006)
It is generally recognized that the depositary for a
multilateral agreement has a primary responsibility for its registration.
Normally, the depositary has custody not only of the original document of
agreement but also of instruments of ratification and other formal documents.
Consequently, the depositary is the most authoritative source of information
and documentation. (See also 11 FAM 753.3.)
11 FAM 749 UNASSIGNED