[Code of Federal Regulations]
[Title 22, Volume 1, Parts 1 to 299]
[Revised as of April 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR181.3]

[Page 589-590]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 181--COORDINATION, REPORTING AND PUBLICATION OF INTERNATIONAL AGREEMENTS--Table of Contents
 
Sec. 181.3  Determinations.

    (a) Whether any undertaking, document, or set of documents 
constitutes or would constitute an international agreement within the 
meaning of the Act or of 1 U.S.C. 112a 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 shall be made either on a case-by-case basis, or on 
periodic consultation, as appropriate.
    (b) Agencies whose responsibilities include the negotiation and 
conclusion

[[Page 590]]

of international agreements are responsible for transmitting to the 
Assistant Legal Adviser for Treaty Affairs, for decision pursuant to 
paragraph (a) of this section, the texts of any document or set of 
documents that might constitute an international agreement. The 
transmittal shall be made prior to or simultaneously with the request 
for consultations with the Secretary of State required by subsection (c) 
of the Act and Sec. 181.4 of this part.
    (c) Agencies whose responsibilities include the negotiation and 
conclusion of large numbers of agency-level and implementing 
arrangements at overseas posts, only a small number of which might 
constitute international agreements within the meaning of the Act and of 
1 U.S.C. 112a, are required to transmit prior to their entry into force 
only the texts of the more important of such arrangements for decision 
pursuant to paragraph (a) of this section. The texts of all arrangements 
that might constitute international agreements shall, however, be 
transmitted to the Office of the Assistant Legal Adviser for Treaty 
Affairs as soon as possible, and in no event to arrive at that office 
later than 20 days after their signing, for decision pursuant to 
paragraph (a) of this section.
    (d) Agencies to which paragraphs (b) and (c) of this section apply 
shall consult periodically with the Assistant Legal Adviser for Treaty 
Affairs in order to determine which categories of arrangements for which 
they are responsible are likely to be international agreements within 
the meaning of the Act and of 1 U.S.C. 112a.