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Diplomacy in Action

H. Appendix A


Supplementary Handbook on the C-175 Process: Routine Science and Technology Agreements
Bureau of Oceans and International Environmental and Scientific Affairs
January 2001
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The Handbook on Treaties and Other International Agreements (The C-175 Handbook)

Foreign Affairs Manual - Chapter 700 TREATIES AND OTHER INTERNATIONAL AGREEMENTS

710 PURPOSE AND DISCLAIMER

711 PURPOSE
(TL:POL-36;   02-25-1985)
 (State Only)

a.         The purpose of this chapter is to facilitate the application of orderly and uniform measures and procedures for the negotiation, signature, publication, and registration of treaties and other international agreements of the United States.  It is also designed to facilitate the maintenance of complete and accurate records on treaties and agreements and the publication of authoritative information regarding them.

b.         The chapter is not a catalog of all the essential guidelines or information pertaining to the making and application of international agreements.  It is limited to guidelines or information necessary for general guidance.

 712 DISCLAIMER

This chapter is intended solely as a general outline of measures and procedures ordinarily followed which, it is recognized, cannot anticipate all circumstances or situations that may arise.  Deviation or derogation from the provisions of this chapter will not invalidate actions taken by officers nor affect the validity of negotiations engaged in or of treaties or other agreements concluded.

713 THROUGH 719 UNASSIGNED

720 NEGOTIATION AND SIGNATURE

720.1 Circular 175 Procedure
(TL:POL-36;   02-25-1985)

This subchapter is a codification of the substance of Department Circular No. 175, December 13, 1955, as amended, on the negotiation and signature of treaties and other international agreements.  It may be referred to for convenience and continuity as the "Circular 175 Procedure."

720.2 General Objectives

The objectives are:

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

b.         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;

c.         That timely and appropriate consultation is had with congressional leaders and committees on treaties and other international agreements;

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

e.         That firm positions departing from authorized positions are not undertaken without the approval of the Legal Adviser and interested Assistant Secretaries or their deputies;

f.          That the final texts developed are approved by the Legal Adviser 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;

 g.         That authorization to sign the final text is obtained and appropriate arrangements for signature are made; and

 h.         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 724); the law on the publication of treaties and other international agreements (see 11 FAM 725); and treaty provisions on registration (see 11 FAM 750.3-3).

721 EXERCISE OF THE INTERNATIONAL AGREEMENT POWER

721.1 Determination of Type of Agreement

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.

721.2 Constitutional Requirements

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

a.  Treaties

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; and

b.  International Agreements Other Than Treaties

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 "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) Agreements Pursuant to Treaty

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;

(2) Agreements Pursuant to Legislation

The President may conclude an international agreement on the basis of existing legislation or subject to legislation to be enacted by the Congress; and

(3) Agreements Pursuant to the Constitutional Authority of the President

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:

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

 (b)   The President's authority to receive ambassadors and other public ministers;

 (c)  The President's authority as "Commander-in-Chief"; and

 (d)  The President's authority to "take care that the laws be faithfully executed."

721.3 Considerations for Selecting among Constitutionally Authorized Procedures

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 721.2:

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

b.  Whether the agreement is intended to affect State laws;

c.   Whether the agreement can be given effect without the enactment of subsequent legislation by the Congress;

d.   Past U.S. practice as to similar agreements;

e.  The preference of the Congress as to a particular type of agreement;

f.   The degree of formality desired for an agreement;

g.  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

h.  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 Senate, the Congress as a whole, or the President.

721.4  Questions as to Type of Agreement to Be Used; Consultation with Congress

a.         All legal memorandums accompanying Circular 175 requests (see 11 FAM 722.3, paragraph h) will discuss thoroughly the bases for 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 of the Legal Adviser of the Department.  If the Legal Adviser considers the question to be a serious one that may warrant congressional consultation, a memorandum will be transmitted to the Assistant Secretary for Legislative and Intergovernmental Affairs and other officers concerned.  Upon receiving their views on the subject, the Legal Adviser shall, if the matter has not been resolved, transmit a memorandum thereon to the Secretary 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 and Intergovernmental Affairs and shall be held with the assistance of the Office of the Legal Adviser 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 723.1, paragraph e, in connection with the initiation of, and developments during negotiations for international agreements, particularly where the agreements are of special interest to the Congress.

722 ACTION REQUIRED IN NEGOTIATION AND/OR SIGNATURE OF TREATIES AND AGREEMENTS

722.1 Authorization Required to Undertake Negotiations

Negotiations of treaties, or other international agreements on matters of substance, or for their extension or revision, are not to be undertaken, nor any exploratory discussions undertaken with representatives of another government, until authorized in writing by the Secretary or an officer specifically authorized by the Secretary for that purpose.  Notification of the termination of any treaty or other international agreement on matters of substance requires similar authorization.

 722.2 Scope of Authorization

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 722.3.  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 conference.

722.3 Request for Authorization to Negotiate and/or Sign Action Memorandum

a.     A request for authorization to negotiate and/or sign 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 (including the Assistant Legal Adviser for Treaty Affairs), the Office of the Assistant Secretary for Legislative and Intergovernmental 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.  It is submitted through the Executive Secretariat.

b.     The action memorandum may request one of the following:  (1) authority to negotiate, (2) authority to sign, or (3) authority to negotiate and sign.  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 to insure that all legal requirements are met.

c.     The action memorandum indicates what arrangements 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: (1) 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, (2) arrangements planned or carried out concerning consultation with the Office of Management and Budget (OMB) for such commitment.

e.     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.

f.     Where it appears that there may be obstacles to the immediate public disclosure of the text upon its entry into force, the action memorandum shall include an explanation thereof (see 11 FAM 723.2 and 11 FAM 723.3).

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 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.)

722.4 Separate Authorizations

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.

722.5 Blanket Authorizations

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, Pub. L. 480 Agricultural Commodities Agreements; Educational Exchange Agreements; Investment Guaranty Agreements; Weather Station Agreements, etc.) 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.  The basic precepts under 11 FAM 722.3 and 11 FAM 722.4 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 and other interested bureaus before signature, shall be observed in all cases.

722.6  Certification of Foreign Language Text

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

722.7 Transmission of Texts to the Secretary

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.

723 RESPONSIBILITY OF OFFICE OR OFFICER CONDUCTING NEGOTIATIONS

723.1 Conduct of Negotiations

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

a.         That 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;

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

c.         That all significant policy-determining memorandums and instructions to the field on the subject of the negotiations have appropriate clearance (see 11 FAM 722.3, paragraph a);

d.         That the Secretary or other principal, as appropriate, is kept informed in writing of important policy decisions and developments, including any particularly significantly departures from substantially standard drafts that have been evolved;

e.         That with the advice and assistance of the Assistant Secretary for Legislative and Intergovernmental 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 and Intergovernmental Affairs will be informed as early as possible by the office responsible for the subjects;

f.          That 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;

g.         That 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 722.3 for authorization to sign has been approved and, if at a post abroad, until finally Instructed by the Department to do so as stated in 11 FAM 730.3.  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 722.6;

h.         That due consideration is given also to the provisions of 11 FAM 723.2 through 11 FAM 723.9, 11 FAM 730.3, and 11 FAM 731 of this chapter; and

i.          That, 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.

723.2 Avoiding Obstacles to Publications and Registration

The necessity 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 750.3-3) should be borne in mind by U.S. negotiators.  Although negotiations may be conducted on a confidential basis, every practicable effort 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.

723.3 Questions on Immediate Public Disclosure

In any instance where it appears to the officer or office in the Department responsible for the negotiations or to the U.S. representatives that the immediate public disclosure upon its entry into force of an agreement under negotiations would be prejudicial to the national security of the United States, the pertinent circumstances shall be reported to the Secretary of State and his or her decision awaited before any further action is taken.  Where such circumstances are known before authorization to negotiate or to sign is requested, they shall be included in the request for authorization.  All such reports and requests are to be cleared with the Office of the Legal Adviser.

723.4 Public Statements

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 722.3, 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."

723.5 English-Language Text

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.

723.6 Transmission of Signed Texts to Assistant Legal Adviser for Treaty Affairs

a.         The officer responsible for the negotiation of a treaty or other agreement at any post is responsible for insuring the most expeditious transmission of 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 Department for the attention of the Assistant Legal Adviser for Treaty Affairs; provided, that where originals are not available, accurate certified copies are obtained and transmitted as in the case of the original.  (See 11 FAM 723.7, 11 FAM 723.8, and 11 FAM 723.9.)  The transmittal is by airgram, not by transmittal slip or operations memorandum.

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.

723.7 Transmission of Certified Copies to the Department

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) to the Department for attention of the Assistant Legal Adviser for Treaty Affairs.  The transmittal is by airgram, not by transmittal slip or operations memorandum.

Likewise, if, in addition to the treaty or other agreement signed, notes related thereto are exchanged (either at the same time, beforehand, or thereafter), a properly certified copy (copies) of the note(s) from the mission to the foreign government are transmitted with the signed original(s) of the note(s) from the foreign government.

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.

723.8 Certification of Copies

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.

723.9 Preparation of Copies for Certification

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 made either by typewriter (ribbon or carbon copy) or by facsimile reproduction on white durable paper (not by the duplimat method) 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 723.8 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.  Moreover, a reference to the transmitting airgram, such as "Enclosure 1 to Airgram No. 18 (ect.)", is not placed on the certified document.  The identification of such a document as an enclosure to an airgram may be typed on a separate slip of paper and attached to the document, but in such a manner that it may be easily removed without defacing the document.

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

All officers will be especially diligent in cooperating to assure compliance with Pub. L. 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), provides as follows:

The Secretary of State shall transmit to the Congress the text of any international agreement 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 Foreign Affairs of the House of Representatives under an appropriate injunction of secrecy to be removed only upon due notice from the President.

725 PUBLICATION OF TREATIES AND OTHER INTERNATIONAL AGREEMENTS OF THE UNITED STATES

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 as follows:

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.

726 THROUGH 729 UNASSIGNED

730 GUIDELINES FOR CONCLUDING INTERNATIONAL AGREEMENTS

730.1 Method of Concluding Bilateral and Multilateral Agreements
(TL:POL-36;   02-25-1985)

An agreement may be concluded (entered into) by the process of bilateral negotiations which result either in the signing of a single instrument in duplicate or in exchange of diplomatic notes, or by the process of multilateral negotiations, usually at an international conference to which the governments concerned send official delegations for the purpose of formulating and signing an instrument of agreement.

730.2 Bilateral Treaties and Agreements

730.2-1 Negotiation and Background Assistance

Whenever the negotiation of a new international agreement is under consideration, the Department office or the post having primary responsibility informs the Legal Adviser and may, if considered necessary, request background material and advice regarding relevant provisions in existing treaties and agreements, the general treaty relations of this Government with the government or governments concerned, and other pertinent information.

730.2-2 Role of Office of the Legal Adviser

a.  Legal Review of Draft Agreements

As soon as tentative provisions for an agreement are considered or drafted, the Office of the Legal Adviser is requested to make available the services of an attorney-adviser to insure that the agreement is properly drafted and agreed policy is expressed clearly and fully.  The Office of the Legal Adviser prepares a draft in the first instance upon the request of another office.

b.  Legal Clearance Required

Any draft of a proposed treaty or agreement, or any outgoing correspondence regarding the negotiation, signature, and ratification or approval, as well as the existence, status, and application, of any international agreement to which the United States is or may become a party, is cleared with the Office of the Legal Adviser and with other appropriate bureaus or offices and, as appropriate, with any other agency concerned with the reply.

730.3 Instructions to Negotiators

When an agreement is to be concluded at a foreign capital, the Department designates the United States negotiator or negotiators, and the negotiator or negotiators are given appropriate instructions.  If the agreement to be negotiated is a treaty which will be referred to the Senate, the Secretary of State may at some time prior to or during the negotiations issue or request the President to issue or request the President to issue a "full power" (see 11 FAM 732) constituting formal authorization for the United States negotiators to sign the agreement.  Such a "full power" is not customary with respect to an international agreement other than a treaty.  The receipt or possession of a "full power" is never to be considered as a final authorization to sign.  That authorization is given by the Department by a written or telegraphic instruction, and no signature is affixed in the absence of such instruction.  If the proposal for an agreement originates with the United States, the U.S. negotiators as a rule furnish a tentative draft of the proposed agreement for submission to the other government for its consideration.  The negotiators submit to the Department any modification of the draft or any counterproposal made by the other government and await instructions from the Department.  If the original proposal emanates from a foreign government, the mission forwards the proposal to the Department and awaits its instructions.

730.4 Preparation of Texts for Signature

If an agreement is to be signed at a post abroad as a single instrument (in duplicate), the engrossing (preparation of the documents to be signed) is customarily done in the foreign ministry on paper supplied by it, along with a binding and ribbons to tie the pages in place.  However, the mission may lend assistance if the foreign ministry so desires.  There is no universal standard as to the kind or size of paper which must be used (each foreign ministry has its own "treaty paper"), and the texts may be engrossed either by typing or by printing.  For every bilateral agreement there must be two originals, one for each government.  Each original must embody the full text of the agreement in all the languages in which the agreement is to be signed, and must be exactly the same as the other original subject only to the principle of the "alternat."

In the case of an agreement effected by exchange of notes, the U.S. notes are prepared in English and in accordance with 5 FAM 220 through 224 and 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.

730.5  Arrangement of Texts and Principle of the Alternat

730.5-1  Arrangement of Texts

When English and a language other than English are both used, the texts in the two languages are placed (a) in "tandem" fashion, that is, with one text following the other (the tandem procedure is the most widely used as it is the most expeditious), or (b) in parallel, vertical columns on the same page, the columns being approximately of equal width, or (c) on opposite facing pages of the document the entire width of the type or printed space on the page.

If the two languages are placed "tandem'' fashion, the English text is placed first in the U.S. original, and conversely in the foreign government's original.

If parallel columns are used, the English text is placed in the left column of each page in the original to be retained by the United States, and the foreign text appears in the right column.  In the other original, to be retained by the foreign government, the foreign text appears in the left column, and the English text in the right column.

If the two languages are placed on opposite facing pages of the document, the English text occupies the left-hand page and the foreign text the right-hand page in the U.S. original, and conversely in the foreign government's original.  If either the "tandem" or the "opposite facing page" style is used, the concluding part (usually beginning "IN WITNESS WHEREOF," "DONE," etc.) should appear engrossed in parallel columns on the page on which the signatures will appear, so that only one set of signatures is required for each separately bound document (see 11 FAM 730  Exhibit 730.5-1, page 1).  If parallel signature columns are not feasible, the concluding paragraphs can be placed "tandem" fashion on the page on which the signatures appear (see 11 FAM 730  Exhibit 730.5-1, page 2).

If an oriental text is one which, from the occidental viewpoint, reads from back to front, it may be possible to join the two texts in a single binding so that the signatures appear, roughly speaking, in the center of the document.  If this is not feasible, the negotiators should seek instructions from the Department.

730.5-2 Arrangement of Names and Signatures; Use of Titles

In the original to be retained by the United States, the United States is named first in both the English and foreign texts, wherever the names of the countries occur together conjunctively or disjunctively; and the signature of the plenipotentiary of the United States appears on the left and that of the foreign plenipotentiary on the right of the original to be retained by the United States.  Conversely, throughout both of the language texts of the original to be retained by the foreign government, that government is named first and its plenipotentiary's signature appears to the left of the signature of the U.S. plenipotentiary.  The position of full sentences, paragraphs, or subparagraphs in the text is never transposed in the alternat procedure.

The general practice and preference of the Department of State is not to use titles along with signatures, especially where the President or the Secretary of State signs.  However, if preferred by the other party or parties concerned, titles may be typed BELOW where each will sign (with ample space allowed for the signature).

731 CONFORMITY OF TEXTS

After the documents have been engrossed on the basis of agreed texts, and before the signing of the agreement, the negotiators or other responsible officers on each side make sure that the texts in both originals of the engrossed agreement are in exact conformity with each other and with the texts in the drafts agreed to, and especially that where a foreign language is included that text and the English text are in conformity in all substantive respects.  Prior to engrossing it should have been determined that the foreign-language text is essentially (that is, as a matter of substance) in accord with the English text, and that it has received the clearance of the Department as required in 11 FAM 722.6.

732 EXCHANGE OR EXHIBITION OF FULL POWERS

Each representative who is to sign a treaty is furnished a full power signed by the head of state, head of government, or minister for foreign affairs.  More than one representative should be named in a single instrument of full power.  On occasion, formal full powers may be (but customarily are NOT in U.S. practice) issued for the signing of certain agreements other than treaties.  When issued, the full power is formal evidence of the authority of the representative to sign on behalf of the representative's government.  It names the representative, with title, and gives a clear indication of the particular instrument of agreement which the representative is entitled to sign.  Full powers for representatives of the United States are prepared by the Office of the Assistant Legal Adviser for Treaty Affairs, and generally are signed by the Secretary or Acting Secretary of State.  On occasion, full powers are signed by the President.

If the agreement itself requires the exchange of full powers, they are exchanged.  If not, they may be either exchanged or exhibited by the representatives on the occasion of signing the agreement, as may be preferred by the foreign representative.  If a full power is required, the U.S. representative shall NOT proceed to sign the treaty until the full power is in hand, or the Department specially instructs otherwise.  If exchanged, the original full power of the foreign representative is forwarded to the Department with the U.S. original of the signed agreement.  If the representatives retain the original of the respective full powers, each representative should supply the other representative with an offset copy or a certified copy of the full power.

733 SIGNATURE AND SEALING

When the engrossing of a treaty or other international agreement which is to be signed as a single instrument has been completed, mutually convenient arrangements for its signature are made by the host government. In the case of treaties, the signatures of the representatives may be accompanied by their respective seals, ribbons being fastened in the seals and binding the documents.  The same procedure may be followed for other agreements signed as single instruments.  It is not essential that seals be affixed, unless the agreement specifically so requires (the preference of the Department of State is NOT to use seals).  The representative's personal seal, if available, is used when seals accompany the signatures, except that if the other government concerned prefers official seals, the seal of the mission may be used.  (NOTE.—A personal seal may consist of a signet ring with initial(s) or family crest, written initials, etc.)

734 EXCHANGE OF RATIFICATIONS

734.1 Time and Place of Exchange

It is customary for a treaty to contain a simple provision to the effect that the instruments of ratification shall be exchanged as soon as possible at a designated capital, and that the treaty shall enter into force on the date of such exchange or at the expiration of a specified number of days or months following the date of exchange.  (As all treaties signed on the part of the United States are subject to ratification by and with the advice and consent of the Senate, and as the time required for action on any particular treaty cannot be foreseen, it is preferable that provision is made in the treaty that the instruments of ratification are to be exchanged "as soon as possible" rather than within a specified period.)

734.2 Effecting the Exchange

In exchanging instruments of ratification the representative of the United States hands to the representative of the foreign government a duplicate original of the President's instrument of ratification.  In return, the representative of the foreign government hands to the representative of the United States the instrument of ratification executed by the head or the chief executive of the foreign government.  A protocol, sometimes called "Protocol of Exchange of Ratifications" or proc�s-verbal, attesting the exchange is signed by the two representatives when the exchange is made.  No full power is required for this purpose.  The protocol of exchange is signed in duplicate originals, one for each government, and the principle of the alternat is observed as in the treaty.  Before making the exchange and signing the proc�s-verbal or protocol of exchange the diplomatic representative of the United States must be satisfied that the ratification of the foreign government is an unqualified ratification, or subject only to such reservations or understandings as have been agreed to by the two governments.

734.3 Notification of Date of Exchange

In all cases, but particularly in those in which the treaty enters into force on the day of the exchange, it is essential that the mission notify the Department by telegram when arrangements have been completed for the exchange, and also when the exchange actually takes place.  By the first pouch after the exchange takes place, if possible, the mission forwards to the Department the instrument of ratification of the foreign government and the U.S. Government's original of the signed proc�s-verbal or protocol of exchange.  The Department then will take such steps as may be necessary to have the proclamation of the treaty executed by the President.

735 THROUGH 739 UNASSIGNED

730 Exhibit 730.5-1
ARRANGEMENT OF TEXTS AND PRINCIPLE OF THE ALTERNAT
(TL:POL-36; 02-25-1985)

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE at Washington, in duplicate, this twenty-fifth day of September, 1988, in the English and Thai languages, each text being equally authentic.

FOR THE GOVERNMENT OF THE                                   FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:                                        KINGDOM OF THAILAND:

 

IN WITNESS WHEREOF,                                                    EN FE DE LO CUAL, los
the respective representatives                                           respectivos representantes
have signed the present Treaty.                                         firmaron la presente Tratado.

 

DONE in duplicate in                                                           HECHO en duplicado, en
the English and Spanish                                                    los idiomas ingl�s y espa�ol,
languages at Madrid this                                                    en Madrid, el d�a cinco de
fifth day of March, 1986,                                                       marzo, 1986, siendo ambos
each text being equally.                                                       textos igualmente aut�nticos.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
POR EL GOBIERNO DE LOS ESTADOS UNIDOS DE AMERICA:

 

FOR THE GOVERNMENT OF SPAIN:
POR EL GOBIERNO DE ESPA�A:

MULTILATERAL TREATIES AND AGREEMENTS
740.1 General Procedures

(TL:POL-36; 02-25-1985)

The procedures for the making of multilateral agreements are in many respects the same as those for the making of bilateral agreements; for example, the general requirements in regard to full powers, ratification, proclamation, and publication. This subchapter covers those procedures which are at variance with bilateral procedures.

740.2 Negotiation

740.2-1 Function of International Conference

The international conference is the device usually employed for the negotiation of 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 carry on the preliminary negotiations through correspondence and have a joint meeting of plenipotentiaries to complete the negotiations and to sign the document.

740.2-2 Invitation

Traditionally, the international conference was convened by one government's 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.

740.2-3 Statement of Purpose

When a call is made or invitations are extended for a conference for the formulation of 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.

740.2-4 Instructions to Negotiators

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 722.3. The Office of the Legal Adviser 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.

740.2-5 Final Acts of Conference

The "Final Act" of a conference must not contain international commitments. A Final Act must be 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 instruments before taking any further action.

741 OFFICIAL AND WORKING LANGUAGES

a. General Procedures

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 same languages for both purposes. It is customary and preferable for all the officials' 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.

b. English Language Text

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.

742 ENGROSSING

742.1 Language or Languages Used in Texts

The multilateral agreement drawn up at an international conference is engrossed for signature in the official language or language adopted by the conference. (See 11 FAM 741.) The engrossing ordinarily will be done by the conference secretariat.

742.2 Principle of the Alternat

The principle of the alternat (see 11 FAM 730.5) does not apply in the case of 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 is to receive 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) which furnishes certified copies to all governments concerned.

742.2-1 Arrangement of Texts

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:

a. Tandem

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 the preparation of agreements formulated under the auspices of the United Nations. 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 742.2-1c (below) can be used.

b. Parallel Columns

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. If any of the languages is oriental, the parallel column method may be inexpedient and one of the other methods may be necessary.

c. Facing Pages

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 engrossing 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 engrossed 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.

742.2-2 Arrangement of Names and Signatures

The arrangement of names and signatures, although it may seem 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. 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.

742.3 Conformity of Texts

It is the primary responsibility of the delegations, acting in conference, to determine the conformity of the agreement texts which 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.

743 FULL POWERS

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 732.) 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. 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.

744 SIGNATURE AND SEALING

See also section 733.

744.1 Signature

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.

744.2 Seals

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.

745 DISPOSITION OF FINAL DOCUMENTS OF CONFERENCE

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 which 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. The final documents of the conference may include a Final Act (see 11 FAM 740.2-5) and separately, the text(s) of 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 engrossed as a separate document and signed or adopted. The signed or adopted originals of the final documents of the conference are turned over 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.

746 PROCEDURE FOLLOWING SIGNATURE

746.1 Understandings or Reservations

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.

746.2 Deposit of Ratification

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 Assistant Legal Adviser for Treaty Affairs 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. 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.

746.3 Registration

See also section 750.3-3.

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.

747 THROUGH 749 UNASSIGNED

750 RESPONSIBILITIES OF THE ASSISTANT LEGAL ADVISER FOR TREATY AFFAIRS

750.1 Preparation of Documents, Ceremonies, and Instructions
(TL:POL-36; 02-25-1985)

Carrying out and providing advice and assistance respecting the provisions of this chapter are the responsibility of the Assistant Legal Adviser for Treaty Affairs, who:

a. Reviews all drafts of international agreements, proposals by other governments or international organizations, instructions and position papers, all Circular 175 requests, and accompanying memorandums of law;

b. Makes all arrangements and/or supervises ceremonies at Washington 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;

c. Supervises preparation of the Secretary of State's reports to the President, and the President's messages to the Senate for transmission of treaties for advice and consent to ratification;

d. 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;

e. 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, and termination notices with respect to treaties or other international agreements;

f. Prepares instructions to posts abroad and notes to foreign diplomatic missions at Washington respecting matters stated in paragraph e; and

g. Takes all measures required for the transmission 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 724), and the publication and registration of treaties and other international agreements to which the United States is a party (see 11 FAM 725 and 11 FAM 750.3-3).

750.2 Engrossing Documents for Signature

After the text of a treaty or other agreement is approved in writing in accordance with 11 FAM 722.7, the document is normally engrossed at the capital at which it is to be signed.

Adequate time (normally 7 business days) is allowed for the engrossing (typing 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 to prepare any translations required, check any existing foreign-language draft, and check the engrossed foreign-language text. If any question arises as to the time necessary to complete engrossing at Washington, the matter will be referred to the Assistant Legal Adviser for Treaty Affairs.

750.3 Publication and Registration

750.3-1 Publication of Texts

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 promptly in the Treaties and Other International Acts Series issued by the Department. After publication in that series, the text of the treaty or other agreement is printed in the annual volume(s) (which may consist of two or more bindings) of United States Treaties and Other International Agreements, as required by law (see 11 FAM 725). 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.

750.3-2 Responsibility for Other Treaty Publications

The Office of the Assistant Legal Adviser for Treaty Affairs 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 750.3-1, other volumes containing texts of treaties and other agreements as required or authorized by law. The "Treaty Information" section of the Department of State Bulletin is compiled by that office.

750.3-3 Registration

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. Article 83 of the Chicago Aviation Convention of 1944 requires registration of aviation agreements with the Council of the International Civil Aviation Organization.

750.4 United States as Depositary

a. Inquiries from foreign diplomatic missions at Washington and from U.S. diplomatic missions abroad with respect to the preparation or deposit of instruments relating to any multilateral agreement of which the United States is despositary are referred to the Assistant Legal Adviser for Treaty Affairs. That officer is to be notified immediately of the receipt of any such document anywhere in the Department, inasmuch as a depositary 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 governments concerned of the order and date of receipt of such documents.

b. Before any arrangements are proposed or agreed to for the United States to serve as depositary for any international agreement, the views of the Assistant Legal Adviser for Treaty Affairs will be obtained.

750.5 Records and Correspondence Custody

a. The Assistant Legal Adviser for Treaty Affairs 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 and, so far as information is available, of agreements between other countries to which the United States is not a party. Inquiries on these subjects are addressed to, and outgoing communications cleared with, the Office of the Legal Adviser.

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.

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 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 751 THROUGH 759 UNASSIGNED

[End.]



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