IG10002 — Executive Agreements

Secretary of State authorizes negotiation State Department periodically notifies S. Foreign Relations and H. Foreign Affairs Committees of significant agreements for negotiation. Congress may be consulted on form and content of potential agreement U.S. negotiates with foreign entities Negotiators agree on terms, Secretary of State authorizes signature U.S. representative signs agreement Agreement enters into force at time or upon terms specified in agreement Congress considers legislation approving and implementing agreement. Legislation might be considered before, during, or after conclusion of negotiations President transmits agreement text to Congress Sole executive agreement* Agreement in force Congressional executive agreement Agreement pursuant to treaty* No further congressional action required No further legislative action required or Mutual Defense Arms Control/Reduction Human Rights Extradition Mutual Legal Assistance Tax Environmental Protection Status of U.S. Forces on Foreign Soil Arms & Technology Transfers Tariffs & Trade Economic and Technical Assistance Foreign Claims Settlement Traditional Treaty Subjects Traditional Executive Agreement Subjects Agreements concerning some topics are typically entered as treaties and others as executive agreements THE STATE DEPARTMENT CONSIDERS SEVERAL FACTORS when deciding whether a legal compact should be a treaty or executive agreement: THERE ARE THREE CATEGORIES OF LEGALLY BINDING EXECUTIVE AGREEMENTS THE UNITED STATES REGULARLY ENTERS INTERNATIONAL LEGAL AGREEMENTS Over 90% take the form of executive agreements, rather than treaties entered with the advice and consent of the Senate Political Commitments Unlike traditional executive agreements, "political agreements" are not intended to have legal effect TYPICAL PROCESS FOR ENTERING AN INTERNATIONAL LEGAL AGREEMENT BY WAY OF EXECUTIVE AGREEMENT Text is submited for informational purposes within 60 days after entry into force Source: Estimate of the percentage of international legal agreements entered as executive agreements is based upon information released by the State Department to CRS and through the State Department's website concerning Texts of International Agreements to which the US is a Party (TIAS), at http://www.state.gov/s/l/treaty/tias/index.htm. TREATIES VS. EXECUTIVE AGREEMENTS: the Relevance of Subject Matter authorized by statute Congressional- Executive authorized by previously ratified treaty Pursuant to Treaty significance of national commitment historical U.S., international practice need for implementing legislation effect upon U.S. state laws duration and desired formality of agreement congressional preference Circular 175 process or made pursuant to President’s constitutional authority Sole Executive Prepared by Michael John Garcia and Jamie Hutchinson For more information, see CRS report RL32528, International Law Agreements. Michael John Garcia, Legislative Attorney, mgarcia@crs.loc.gov, 7-3873 EXECUTIVE AGREEMENTS: An Introduction /

Curated by CRS — every bill listed in this report's relatedMaterials. Edge type cited_in_report, gold confidence.

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