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h. International Agreements
tember 23, 1950, 64 Stat. 980; and added by Public Law 92-403 (Case-Za. blocki Act, S. 596), 86 Stat. 619, approved August 22, 1972; as amended by Public Law 96-45 (Department of State Appropriation Authorization; H.R. 5040) 91 Stat. 221, approved June 15, 1977; Public Law 95 426 (Foreign Relations Authorization Act, Fiscal Year 1979; HR. 12598), 92 Stat. 963, approved October 7, 1978; Public Law 103–236 (Foreign Relations Author. ization Act, Fiscal Years 1994 and 1995; H.R. 2333), 108 Stat. 382, approved April 30, 1994; Public Law 103_437 (H.R. 4777), 108 Stat. 4581, approved November 2, 1994 § 112a. United States Treaties and Other International
Agreements; contents; admissibility in evidence (a) 2 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.
(b) 3 The Secretary of State may determine that publication of certain categories of agreements is not required, if the following criteria are met:
(1) such agreements are not treaties which have been brought into force for the United States after having received
Title VIII of the Legislative Branch Appropriations Act, 1976 (Public Law 94—59; 89 Stat 296; 44 USC 1317 note), however, provided the following:
"Hereafter, notwithstanding any other provisions of law, appropriations for the automatic distribution to Senators and Representa lives (including Delegales to Congress and the Resident Commissioner from Puerto Rico) of copies of the Foreign Relations of the United States, the United States Treaties and other International Agreements, the District of Columbia Code and Supplements, and more than one bound set of the United States Code and Supplements shall not be available with respect to any Senator or Representative unless such Senator or Rep resentative specifically, in writing, requests that he receive copies of such documents.".
a Sec. 1381) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Pubhc Law 103-236; 108 Stat. 397), added subsec. designation "Ya)".
3 Sec. 138(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), added subsecs. (b) and (c).
The Secretary of Stale delega led functions authorized under subsection (b) to the Legal Adrisor (Department of State Public Nouce 2086; sec. 13 of Delegation of Authority No. 214; 59 F.R 50790).
Senate advice and consent pursuant to section 2(2) of Article
(2) the public interest in such agreements is insufficient to justify their publication, because (A) as of the date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, the agreements are no longer in force, (B) the agreements do not create private rights or duties, or establish standards intended to govern government action in the treatment of private individuals; (C) in view of the limited or specialized nature of the public interest in such agreements, such interest can adequately be satisfied by an alternative means; or (D) the public disclosure of the text of the agreement would, in the opinion of the President, be prejudicial to the national security of the United States; and
(3) copies of such agreements (other than those in paragraph (2)(D)), including certified copies where necessary for litigation or similar purposes, will be made available by the Department
of State upon request. (c)3 Any determination pursuant to subsection (b) shall be published in the Federal Register. 8 112b. United States international agreements; trans
mission to Congress (a) 5 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) 6 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 8 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.9
(b) 5 Not later than March 1, 1979, and at yearly intervals thereafter, the President shall, under his own signature, transmit to the
*Popularly known as the Case Zablocki Act.
5 Sec. 708 of Public Law 95-426 (92 Stat. 993) inserted the subsection designation "a)" and added subsecs. (b) through (e).
The parenthetical phrase was added by sec. 708 of Public Law 95–426 (92 Stat. 993). ? Sec. 139 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public law 100-204; 101 Stat. 1347) required that is the sixty-day period specified in this sentence was not honored, no funds authorized to be appropriated would be available after the end of the sixtyday period to implement any agreement required to be transmitted until the text of such agree ment was so transmitted. This restriction on use of funds was made elTective sixty days after the enactment of Public Law 100-204 and made applicable during fiscal years 1988
1989. Sec. 1 of Public Law 103-437 (108 Stat. 4581) struck out "Committee on International Relations" and inserted in lieu thereof "Committee Foreign Affairs".
This sentence was added to sec. 112b of title I by sec. 5(a) of Public Law 95-45 (91 Stat.
Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report with respect to each international agreement which, during the preceding year, was transmitted to the Congress after the expiration of the 60-day period referred to in the first sentence of subsection (a), describing fully and completely the reasons for the late transmittal.
(c)5 Notwithstanding any other provision of law, an international agreement may not be signed or otherwise concluded on behalf of the United States without prior consultation with the Secretary of State. Such consultation may encompass a class of agreements rather than a particular agreement.
(d) 5 The Secretary of State shall determine for and within the executive branch whether an arrangement constitutes an international agreement within the meaning of this section.
(e) 5 The President shall, through the Secretary of State, promulgate such rules and regulations as may be necessary to carry out this section.
(2) Coordination and Reporting of International Agreements Regulations of the Secretary of State, Department Regulation 108.809,
22 CFR Part 181, July 13, 1981, 46 FR. 35918
SUBCHAPTER S—INTERNATIONAL AGREEMENTS
181.1 Purpose and application.
(a) The purpose of this part is to implement the provisions of 1 U.S.C. 112b, popularly known as the Case-Zablocki Act (hereinafter referred to as the "Act”), on the reporting to Congress and coordination with the Secretary of State of international agreements of the United States. This part applies to all agencies of the U.S. Government whose responsibilities include the negotiation and conclusion of international agreements. This part does not, however, constitute a delegation by the Secretary of State of the authority to engage in such activities. Further, it does not affect any additional requirements of law governing the relationship between particular agencies and the Secretary of State in connection with international negotiations and agreements, or any other requirements of law concerning the relationship between particular agencies and the Congress. The term "agency” as used in this part means each authority of the United States Government, whether or not it is within or subject to review by another agency.
(b) Pursuant to the key legal requirements of the Act-full and timely disclosure to the Congress of all concluded agreements and consultation by agencies with the Secretary of State with respect to proposed agreements-every agency of the Government is required to comply with each of the provisions set out in this part in implementation of the Act. Nevertheless, this part is intended as a framework of measures and procedures which, it is recognized, cannot anticipate all circumstances or situations that may arise. Deviation or derogation from the provisions of this part will not affect the legal validity, under United States law or under international law, of agreements concluded, will not give rise to a cause of action, and will not affect any public or private rights established by such agreements.
the concerningations and Cary of Statationsh
(a) General. The following criteria are to be applied in deciding whether any undertaking, oral agreement, document, or set of documents, including an exchange of notes or of correspondence, constitutes an international agreement within the meaning of the Act, as well as within the meaning of 1 U.S.C. 112a, requiring the publication of international agreements. Each of the criteria except those in paragraph (a)(5) of this section must be met in order for any given undertaking of the United States to constitute an international agreement.
(1) Identity and intention of the parties. A party to an international agreement must be a state, a state agency, or an intergovernmental organization. The parties must intend their undertaking to be legally binding, and not merely of political or personal effect. Documents intended to have political or moral weight, but not intended to be legally binding, are not international agreements. An example of the latter is the Final Act of the Helsinki Conference on Cooperation and Security in Europe. In addition, the parties must intend their undertaking to be governed by international law, although this intent need not be manifested by a third-party dispute settlement mechanism or any express reference to international law. In the absence of any provision in the arrangement with respect to governing law, it will be presumed to be governed by international law. This presumption may be overcome by clear evidence, in the negotiating history of the agreement or otherwise, that the parties intended the arrangement to be governed by another legal system. Arrangements governed solely by the law of the United States, or one of the states or jurisdictions thereof, or by the law of any foreign state, are not international agreements for these purposes. For example, a foreign military sales loan agreement governed in its entirety by U.S. law is not an international agreement.
(2) Significance of the arrangement. Minor or trivial undertakings, even if couched in legal language and form, are not considered international agreements within the meaning of the Act or of 1 U.S.C. 112a. In deciding what level of significance must be reached before a particular arrangement becomes an international agreement, the entire context of the transaction and the expectations and intent of the parties must be taken into account. It is often a matter of degree. For example, a promise to sell one map to a foreign nation is not an international agreement; a promise to exchange all maps of a particular region to be produced over a period of years may be an international agreement. It remains a matter of judgment based on all of the circumstances of the transaction. Determinations are made pursuant to $ 181.3. Examples of arrangements that may constitute international agreements are agreements that: (a) are of political significance; (b) involve substantial grants of funds or loans by the United States or credits payable to the United States; (c) constitute a substantial commitment of funds that extends beyond a fiscal year or would be a basis for requesting new appropriations; (d) involve continuing and/or substantial cooperation in the conduct of a particular program or activity, such as scientific, technical, or other cooperation, including the exchange or receipt of information and its treatment, or the