[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: 22CFR181.4]

[Page 590-591]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 181--COORDINATION, REPORTING AND PUBLICATION OF INTERNATIONAL AGREEMENTS--Table of Contents
 
Sec. 181.4  Consultations with the Secretary of State.

    (a) The Secretary of State is responsible, on behalf of the 
President, for ensuring that all proposed international agreements of 
the United States are fully consistent with United States foreign policy 
objectives. Except as provided in Sec. 181.3(c) of this part, no agency 
of the U.S. Government may conclude an international agreement, whether 
entered into in the name of the U.S. Government or in the name of the 
agency, without prior consultation with the Secretary of State or his 
designee.
    (b) The Secretary of State (or his designee) gives his approval for 
any proposed agreement negotiated pursuant to his authorization, and his 
opinion on any proposed agreement negotiated by an agency which has 
separate authority to negotiate such agreement. The approval or opinion 
of the Secretary of State or his designee with respect to any proposed 
international agreement will be given pursuant to Department of State 
procedures set out in Volume 11, Foreign Affairs Manual, Chapter 700 
(Circular 175 procedure). Officers of the Department of State shall be 
responsible for the preparation of all documents required by the 
Circular 175 procedure.
    (c) Pursuant to the Circular 175 procedure, the approval of, or an 
opinion on a proposed international agreement to be concluded in the 
name of the U.S. Government will be given either by the Secretary of 
State or his designee. The approval of, or opinion on a proposed 
international agreement to be concluded in the name of a particular 
agency of the U.S. Government will be given by the interested assistant 
secretary or secretaries of State, or their designees, unless such 
official(s) judge that consultation with the Secretary, Deputy 
Secretary, or an Under Secretary is necessary. The approval of, or 
opinion on a proposed international agreement will normally be given 
within 20 days of receipt of the request for consultation and of the 
information as required by Sec. 181.4(d)-(g).
    (d) Any agency wishing to conclude an international agreement shall 
transmit to the interested bureau or office in the Department of State, 
or to the Office of the Legal Adviser, for consultation pursuant to this 
section, a draft text or summary of the proposed agreement, a precise 
citation of the Constitutional, statutory, or treaty authority for such 
agreement, and other background information as requested by the 
Department of State. The transmittal of the draft text or summary and 
citation of legal authority shall be made before negotiations are 
undertaken, or if that is not feasible, as early as possible in the 
negotiating process. In any event such transmittals

[[Page 591]]

must be made no later than 50 days prior to the anticipated date for 
concluding the proposed agreement. If unusual circumstances prevent this 
50-day requirement from being met, the concerned agency shall use its 
best efforts to effect such transmittal as early as possible prior to 
the anticipated date for concluding the proposed agreement.
    (e) If a proposed agreement embodies a commitment to furnish funds, 
goods, or services that are beyond or in addition to those authorized in 
an approved budget, the agency proposing the agreement shall state what 
arrangements have been planned or carried out concerning consultation 
with the Office of Management and Budget for such commitment. The 
Department of State should receive confirmation that the relevant budget 
approved by the President provides or requests funds adequate to fulfill 
the proposed commitment, or that the President has made a determination 
to seek the required funds.
    (f) Consultation may encompass a specific class of agreements rather 
than a particular agreement where a series of agreements of the same 
general type is contemplated; that is, where a number of agreements are 
to be negotiated according to a more or less standard formula, such as, 
for example, Pub. L. 480 Agricultural Commodities Agreements. Any agency 
wishing to conclude a particular agreement within a specific class of 
agreements about which consultations have previously been held pursuant 
to this section shall transmit a draft text of the proposed agreement to 
the Office of the Legal Adviser as early as possible but in no event 
later than 20 days prior to the anticipated date for concluding the 
agreement.
    (g) The consultation requirement shall be deemed to be satisfied 
with respect to proposed international agreements of the United States 
about which the Secretary of State (or his designee) has been consulted 
in his capacity as a member of an interagency committee or council 
established for the purpose of approving such proposed agreements. 
Designees of the Secretary of State serving on any such interagency 
committee or council are to provide as soon as possible to the 
interested offices or bureaus of the Department of State and to the 
Office of the Legal Adviser copies of draft texts or summaries of such 
proposed agreements and other background information as requested.
    (h) Before an agreement containing a foreign language text may be 
signed or otherwise concluded, a signed memorandum must be obtained from 
a responsible language officer of the Department of State or of the U.S. 
Government agency concerned certifying that the foreign language text 
and the English language test are in conformity with each other and that 
both texts have the same meaning in all substantive respects. The signed 
memorandum is to be made available to the Department of State upon 
request.