Summary
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
Document ID: IG10002