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(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power"). (b) Agreements.-4. 1946.-2. TIAS 1521 (Haiti), 1599 (Haiti). 1947.-2. TIAS 1643 (Haiti), 1862 (Haiti).

Korea-occupation by U.S. forces-termination

Note: This agreement deals with interim military and security measures pending completion of withdrawal of United States Forces in 1948.

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power") and sec. 2 ("Commander in Chief").

(b) Agreements.—1. 1948.—1. TIAS 1918 (Korea).

Maritime matters—naval vessels—deployment for repairs

Note: These agreements relate to the deployment of United States naval vessels for the purpose of making repairs and serving as repair vessels and to the granting of permission for entry of the vessels into ports or harbors of the other country.

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power") and sec. 2 ("Commander in Chief").

(b) Agreements.-6. 1966.-4. TIAS 5956 (Malta, repair ship USS Cadmus and other naval vessels), 5980 (Malta, amendment of TIAS 5956), 6064 (Malta, USS Shenandoah), 6201 (Malta, USS Cascade). 1967.-1. TIAS 6310 (Malta, USS Yellowstone). 1968.-1. TIAS 6480 (Malta, USS Cadmus, Shenandoah, Cascade, and Yellowstone), 6565 (Malta, USS Everglades).

Maritime matters-naval vessels-visits

Note: These agreements formalize principles and procedures to apply regarding the treatment to be accorded when naval vessels of one of the countries visit the other country.

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power") and sec. 2 ("Commander in Chief").

(b) Agreements.-6. 1949.-1. TIAS 2965 (Cuba). 1950.-1. TIAS 2965 (Cuba). 1951.-1. TIAS 2965 (Cuba). 1952.-1. TIAS 2965 (Cuba). 1953.—1. TIAS 2965 (Cuba). 1954.-1. TIAS 2965 (Cuba).

Marriage-documentary requirements in Italy

Note: This agreement simplifies the procedures whereby United States citizens comply with Italian law concerning documentary evidence and requirements for marriage.

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power"). (b) Agreements.-1., 1964.-1. TIAS 6239 (Italy).

Treaties—territorial application-dependencies and new states

Note: It has long been recognized that many treaties and other international agreements which have been applied in accordance with their terms to dependent territories may be considered as continuing to apply to such territories upon their emergence to independence as new states, subject in most instances to the acceptance, tacit or otherwise, of such continuation by the parties concerned (e.g., the United States and the new states). The same situation has existed where a federated dependent territory has been divided into two or more dependent territories (as in the case of the Federation of Rhodesia and Nyasaland, which became Southern Rhodesia, Northern Rhodesia, and Nyasaland). In some cases, it has been considered expedient to exchange diplomatic communications in which the understanding is confirmed with respect to the continuing application. With respect to certain treaties between the United States and the United Kingdom, there have been exchanges of communications with Botswana, Ghana, Kenya, Lesotho, Malawi, and Tanzania, and also an exchange of communications with the United Kingdom in regard to Southern Rhodesia, Northern Rhodesia, and Nyasaland. With respect to certain treaties between the United States and France, there has been an exchange of communications with the Republic of the Congo, Brazzaville. These exchanges do not involve any new commitment.

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power").

(b) Agreements.-9. 1958.-1. TIAS 4966 (Ghana). 1961.-1. TIAS 5161 (Rep. of the Congo, Brazzaville). 1963.-1. TIAS 5501 (United Kingdom). 1965.-2. TIAS 5916 (Kenya), 5946 (Tanzania). 1966.-2. TIAS 6165 (Botswana), 6192 (Lesotho). 1967.-2. TIAS 6328 (Malawi), 6383 (Lesotho).

Treaties-texts-correction or interpretation

Note: In a few instances, texts of treaties as prepared for signature have contained errors of a typographical character. In the cases of bilateral treat

ies, it has been possible for the United States and the other country concerned to exchange notes confirming the understanding with respect to the correction of the errors. In the case of a multilateral treaty, a "procès verbal of rectification" of similar document was adopted. With respect to the 1951 security treaty with Japan and the 1952 administrative agreement under Article III of that treaty, the United States and Japan exchanged notes in 1957 to confirm the understanding that they "were so drafted as to be fully compatible with the obligations contained in the United Nations Charter" and were to be so interpreted. The treaties to which references are made below, in the order in which listed, are:

Estate-tax convention of February 20, 1950 with Greece, TIAS 2901, 5 UST 12;

International Convention on the Safety of Life at Seq. 1948, opened for signature at London June 10, 1948, TIAS 2495, 3 UST 3450;

Security Treaty of September 8, 1951 with Japan, TIAS 2491, 3 UST 3329, and administrative agreement under Article III of that Treaty, TIAS 2492, 3 UST 3341;

Income-tax convention of February 20, 1950 with Greece, TIAS 2902, 5 UST 47;

International Convention for the Safety of Life at Sea, 1960, done at London June 17, 1960, TIAS 5780, 16 UST 185;

Extradition Convention of December 10, 1962 with Israel, TIAS 5476, 14 UST 1707.

(a) Authority.-U.S. Constitution, Art. II, sec. 1("executive Power").

(b) Agreements.-6. 1954.-1. TIAS 3032 (Greece, correction of text of estate-tax convention). 1955.-1. TIAS 3590 (Multilateral, notification in 1953 by the United Kingdom regarding a correction of error in the text of the regulations annexed to the Safety of Life at Sea Convention, acknowledged and accepted by the United States in 1955). 1957.-1. TIAS 3910 (Japan, interpretation of Security Treaty and administrative agreement). 1961.-1. TIAS 4951 (GrGeece, correction of text of income-tax convention). 1966.-1. TIAS 6284 (Multilateral, procès verbal of rectification of certain annexes to the Safety of Life at Sea Convention). 1967.-1. TIAS 6246 (Israel, correction of text of Extradition Convention).

Viet Nam-income-tax administration

Note: This agreement relates to certain aspects of Viet Nam income-tax administration as it affects the liability of United States Government employees in Viet Nam. It recognizes certain principles, including the personal responsibility of all citizens to meet their tax obligations to their own government, the legal inapplicability of Viet Nam's tax-withholding requirements to foreign diplomatic missions, and the absence of authority under United States law for the United States Government compulsorily to withhold amounts from compensation of its employees for settlement of their tax obligations to Viet Nam. The agreement then establishes a procedure whereby the United States will, "within the limits of United States law," cooperate in facilitating payment by its "liable employees" of their tax obligations to Viet Nam. An allotment system is established whereby, on a wholly voluntary basis, United States Government employees liable for Viet Nam income tax may make biweekly allotments from their compensation and permit the United States Government to remit the allotted sums to the Viet Nam Government. Determination of taxes due and either settlements of liability in addition to allotted sums or refunds for overpayments "will be a matter between the individual employee/taxpayer and the Government of Viet Nam."

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power"). See also 26 U.S.C. 3404. (b) Agreements.-1. 1967.-1. TIAS 6262 (Viet Nam).

[Excerpts from Addendum to The Compilation of January 10, 1969. Entitled "International Agreements Other than Treaties 1946-1968 Classified According to the Legal Authority On the Basis of Which They Were Made or Became Effective" To Cover the Period to April 1972]

F. CONSTITUTIONAL AUTHORITY ONLY

(Note: Under this heading are agreements entered into in pursuance of, and deriving their effectiveness from, the authority and powers of the President under the Constitution. See also note number 2 under the GENERAL NOTES, page 1 of the January 10, 1969 compilation.)

Diplomatic status-recognition of-commercial section of embassy-New York branch

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power”).

(b) Agreements.-2. 1967.-10 TIAS 6771. (Czechoslovakia). 1969.-1. TIAS 6772 (Hungary).

Diplomatic status-recognition of-language and area studies-personnel

Note: This agreement confirms that the Foreign Service Institute School of Language and Area Studies at Teichung will be known as the American Embassy School of Chinese Language and Area Studies and will be considered part of the American Embassy, and the U.S. personnel of the School will have status and privileges of administrative and technical personnel of the Embassy. Also, Chinese Government personnel assigned to the Chinese Embassy in Washington for study at universities in the Washington area and at the University of Maryland, will have status and privileges of administrative and technical personnel of the Embassy.

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power”). (b) Agreements.-1. 1969.-1. TIAS 6759 (China).

Japan-reversion of Okinawa-preparatory measures

Note: This agreement confirms that the Japan-United States Consultative Committee in Tokyo should undertake preparatory work, with a Preparatory Commission to consult and coordinate locally on measures regarding preparation for transfer of administrative rights, including necessary assistance to the Government of the Ryukyu Islands.

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power”). (b) Agreements.—1. 1970.-1. TIAS 6838 (Japan).

Maritime matters-naval vessels-deployment for repairs

Note: See note under this heading in the January 10, 1969 compilation.

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power") and sec. 2 ("Commander in Chief").

(b) Agreements.-3. 1969.-1. TIAS 6740 (Malta). 1970.-2. TIAS 6870 (Malta), 7034 (Malta).

Nuclear war—measures to reduce risk

Note: This is an agreement to cooperate in undertaking to maintain and improve existing organizational and technical arrangements to guard against accidental or unauthorized use of nuclear weapons under the control of each country. The Direct Communications Link (see under the heading Telecommunication-Hot Line With the Soviet Union in category E in the January 10, 1969 compilation and under the same heading in category E in the present addendum) to be used in transmitting urgent information, notifications and requests for information in situations requiring prompt clarification.

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power") and sec. 2 ("Commander in Chief”).

(b) Agreements.-1. 1971.-1. TIAS 7186 (Union of Soviet Socialist Republics).

Philippines-customs-free entry privileges

Note: This agreement relates to free entry privileges in the Philippines for dependents of newly-assigned U.S. Government personnel assigned to South Viet Nam. This involves only permission given by the Philippine Government for duty-free entry of personnel's personal effects.

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power"). (b) Agreements.—1. 1965.—1. TIAS 6612 (Philippines).

Treaties-territorial application-dependencies and new states

Note: See note under this heading in the January 10, 1969 compilation. (a) Authority.-U.S. Constitution, Art. II, sec. 1 (“executive Power"). (b) Agreements.-3. 1969.-1. TIAS 6744 (Singapore). 1970.-1. TIAS 6934 (Swaziland). 1971.—1. TIAS 7222 (Fiji).

Treaties-texts-correction or interpretation.

Note: See note under this heading in the January 10, 1969 compilation. The treaties to which references are made below are: Convention on International Civil Aviation, Chicago, December 7, 1944, TIAS 1591, 61 Stat. 1180. The Protocol referred to in connection with TIAS 6681 below is the Protocol on the

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Authentic Trilingual Text of the Convention on International Civil Aviation (Chicago, 1944) which was signed at Buenos Aires on September 24, 1968, TIAS 6605, 19 UST 7693, and which is included in the present addendum under the heading Treaties-Authentic Texts in category E. International Convention on Load Lines, London, April 5, 1966, TIAS 6331, 18 UST 1857.

(a) Authority.-U.S. Constitution, Art. II, sec. 1 ("executive Power").

(b) Agreements.-3. 1969.-3. TIAS 6629 (Multilateral, proces verbal of rectification of the Load Line Convention), 6681 (Multilateral, process verbal of rectification of the Protocol on the Civil Aviation Convention), 6720 (Multilateral, proces verbal of rectification of the Load Line Convention).

PART II.-ADDENDUM TO THE COMPILATION OF JANUARY 10, 1969 ENTITLED "INTERNATIONAL AGREEMENTS OTHER THAN TREATIES 1946-68 CLASSIFIED ACCORDING TO THE LEGAL AUTHORITY ON THE BASIS OF WHICH THEY WERE MADE OR BECAME EFFECTIVE" TO COVER THE PERIOD TO APRIL 1972

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NUMBERS OF TREATIES AND OTHER INTERNATIONAL AGREEMENTS CONCLUDED BY THE UNITED STATES DURING

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DEPARTMENT OF STATE MEMORANDUM OF LAW REGARDING CONCLUSION OF
AGREEMENTS WITH PORTUGAL AND BAHRAIN

This memorandum describes the general practice of the Department of State in determining whether an agreement should be a treaty or an executive agreement and the standards which we apply in making such determinations. The memorandum then relates this practice and these standards to the exchange of notes on December 9, 1971 with Portugal regarding the continued use by American forces of certain facilities in the Azores and the exchange of notes on December 23, 1971 with Bahrain for the use of certain facilities in that country.

Both treaties and executive agreements have long been recognized as necessary and proper in the conduct of the foreign relations of the United States. The Department of State has a procedure, known as the Circular 175 procedure, which requires that the authorization of the Secretary of State be obtained before an international agreement may be negotiated or concluded. One of the purposes of the Circular 175 procedure is to make a determination as to the proper form of the agreement-treaty or executive agreement.

The regulations of the Department of State provide that an executive agreement may be entered into only if it falls within one or more of the following categories:

1. Agreements which are made pursuant to or in accordance with existing legislation or a treaty in force with respect to the United States;

2. Agreements which are made subject to Congressional approval or implementation;

3. Agreements which are made under and in accordance with the President's Constitutional powers.

The Legal Adviser's office is required to review all requests to the Secretary of State for authorization to negotiate or to sign any international agreement. The Legal Adviser's office examines the proposed agreement and the legal and constitutional authority for entering into it and specifically is required to show:

I. IN THE CASE OF A TREATY

(a) Whether or not the subject matter is within traditional limits;
(b) Whether or not the treaty will be self-executing, in whole or in part;

(c) If not self-executing, the part or parts which may require legislation and the plans contemplated with respect to formulation and presentation of proposed legislation;

(d) The extent, if any, to which the treaty is intended to prevail over existing Federal or State law and information as to groups in opposition to or in support of the contemplated change.

II. IN THE CASE OF AN EXECUTIVE AGREEMENT

(a) An extract copy of the pertinent legislative or treaty provisions, if any, constituting authority for the making of an Executive Agreement on the subject.

(b) If no antecedent legislative or treaty authority exists whether or not the agreement is to be made subject to legislation by the Congress.

(c) The Constitutional powers of the President relied upon.

The Department has other detailed standards which are followed in determining whether an international agreement should be concluded as a treaty. Under these standards, the treaty form is used:

a. When the subject matter and treatment thereof is traditionally handled by a treaty. This is not necessarily controlling in all instances but requires careful consideration before any departure therefrom.

b. When the subject matter and treatment thereof is not wholly within the delegated powers of the Congress and is not solely within the Constitutional authority of the President.

c. When the agreement itself is to have the force of law without legislative action by the Congress, and the action contemplated is not solely within the President's constitutional authority.

d. When the agreement involves important commitments affecting the nation as a whole.

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