What constitutes an "international agreement" for the purposes of triggering the Circular 175 procedure?
As explained in 22 CFR 181.3, whether any undertaking, document, or set of documents constitutes or would constitute an international agreement within the meaning of the Circular 175 procedure shall be determined by the Legal Adviser of the Department of State, a Deputy Legal Adviser, or in most cases the Assistant Legal Adviser for Treaty Affairs. Such determinations generally are made on a case-by-case basis. In making these determinations, the Office of Treaty Affairs will evaluate several factors described in 22 CFR 181.2, including whether the agreement is intended to be legally binding on the governments under international law.
