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"The President shall be Commander in Chief of the Amy and publication, and registration of treaties and other international agree-
Navy. ..." U.S. Const. art. 11, 52; ments of the United States. It is also designed to facilitate the mainte-
"He shall have Power, by and with the Advice and Consent of the nance of complete and accurate records on treaties and agreements and
Senate, to make Treaties . . .; and he shall nominate, and by and with the publication of authoritative information regarding them.
the Advice and Consent of the Senate, shall appoint Ambassadors, b. The chapter is not a catalog of all the essential guidelines or infor-
other public Ministers and Consuls. . . ." U.S. Const. art. 11, 52; mation pertaining to the making and application of international agree-
"[we shall take Care that the Laws be faithfully executed. ..." ments. It is limited to guidelines or information necessary for general
U.S. Const. art. 11, 53. guidance.
These expressed powers afford the President a broad area in which to *7 1 1 Disclaimer
make international agreements. Under the "executive power," the This chapter is intended solely as a general outline of measures and
Resident has authority to conduct the foreign relations of the United procedures ordinarily followed which, it is recognized, cannot anticipate
States; that power provides a broad constitutional basiifor the making of all circumstances or situations that may arise. Deviation or derogation
executive agreements. from the provisions of this chapter will not invalidate actions taken by
oficers nor affect the validity of negotiations engaged in or of treaties or
UNITED STATES DEPARTMENT OF STATE
other agreements concluded.
CIRCULAR NUMBER 175
720 Negotiation and Signature
720.1 Circular 175Procedure
Procedures This subchapter is a d~cation of the substance of Department Cir-
On July 24, 1974, the Department of State approved a cular No. 175, December 13,1955, as amended, on the negotiation and
revised Circular 175 Procedure (Foreign Affairs Manual, signature of treaties and other international agreements. It may be re-
Volume 1 1, Chapter 700). Circular 175 provides internal ferred to for convenience and qntinuity as the "Circular 175
guidelines and information to be followed to facilitate the Procedure."
application of orderly procedures in the negotiation, sig- 720.2 General Obectiws
The objectives are:
nature, publication, and registration of treaties and other a. That the making of Treaties and other international agreements for
international agreements of the United States. the United States iscarried out within constitutional and other appropri-
The revision was initially undertaken (1) to meet re- ate limits;
b. That the objectives to be sought in the negotiation of particular
quests by members of the Senate Committee on Foreign -treaties and othe; international agreements are approved by the Secre-
Relations to clarify the guidelines to be considered in tary or an officer specifkally authorized by him for that purpose;
determining whether a particular intemational agreement **c. That timely and appropriate consultation is had with congres-
should be concluded as a treaty to be brought into force sional leaders and committees on treaties and other international agree-
with the advice and consent of the Senate or asan interna- ments;
d. That where, in the opinion of the Secretary of State or his
tional agreement to be brought into force on some other designee, the circumstances permit, the public be given an opportunity
basis; (2) to clarify and strengthen provisions on consulta- to comment on treaties and other international agreements; *
tion with the Congress; and (3) to call attention to the re- *e. That fm positions departing from authorized positions are not
quirements of the Case Act, P.L. 92-403; 86 Stat. 619; 1 undertaken without the approval of the Legal Adviser and interested
U.S.C. 112b (see the 1973 Digest, Ch. 5, 5, pp. assistant secretaries or their deputies;
f. That the fmal texts developed are approved by the Legal Adviser
185-188) regarding the transmission of international and the interested assistant secretaries or their deputies and, when re-
agreements other than treatiee to the Congress. These quired, brought a reasonable time before signature to the attention of
changes are reflected in Sections 720.2c, 720.2h, 721, the Secretary or an officer specifically designated by him for that pur-
722.3, and 724. pose;
Another change, permitting public comment on the g. That authorization to sign the fmal text is obtair\ad and appropriate
treaty or agreement being negotiated, signed or acceded arrangements for signature are made; ij : of Public Law
**h. That there is compliance with the require-@
to, is reflected in Sections 720.2d, 722.3c, and 723.1g. 92-403 on the transmission of the texts of international agreements
The only other substantive change, which in effect is in- other than treaties to the Congress (see section 724); the law on the
tended to clarify more precisely the intended effect of the publication of treaties and other international agreements (see section
Circular 175 Procedure, is the disclaimer included in Sec- 725); and treaty provisions on registration (see section 750.3-3). **
tion 7 11. The revisions in Section 710, at the beginning of **721 Exercise of the International Agreement Power
Section 720.2, at the beginning of Section 721.3 and Sec- 721.1 Determination of ope of Agreement
The following considerations will be taken into account alongf dth
tion 723.1, in Section 723.10 and i, in Section 723.4, and other relevant factors in determining whether an international a-
in Section 723.5 are in conformity with this change. ment shall be dealt with by the United States as a treaty to be brought
The other revisions, including all those in the Sections into force with the advice and consent of the Senate, or as an agreement
beginning with 723.6, are of a purely editorial character, to be brought into force on some other constitutional basii.
involving some rearrangement of Sections to place them 721.2 Constitutional Requirements $ 1
There are two procedures under the Constitution through which he
in a more logical order and restructuring of language for
United States becomes a party to international agreements. Those
purposes of clarity.
procedures and the constitutional parameters of each are:
The new Circular 175 follow, with one asterisk indicating a revision, a. Treaties \
and two asterisks indicating new material: International agreements (regardless of their title, designation, or
*710 Purpose form) whose entry into force with respect to the United States takes
a. The purpose of this chapter is to facilitate the application of orderly place only after the Senate has given its advice and consent are
and uniform measures and procedures in the negotiation, signature, "treaties." The Resident, with the advice and consent of two-thirds of