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C175Circular 175 (interagency process for authorization to negotiate and conclude cooperation agreements; coordinated by US Department of State)
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The Company recently received a notice requesting changes to the Company's business practices in order to be in full compliance with regulatory requirements set forth in Circular 175. These events may have a negative impact on the company's financial performance.
175 (Circular 175), promulgated on December (13), (1955).
As to the crucial treaty versus executive agreement choice, under the heading "Scope of the Executive Agreement-Making Power," Circular 175 specifically identifies "[a]greements which are made pursuant to or in accordance with existing legislation," directly addressing precisely the subject matter of Bodansky and Spiro's Article more than half a century earlier.
Circular 175 also contains procedural provisions requiring written approval from the State Department before the commencement of negotiations, designed primarily to assure coordination among executive departments in anticipation of the conclusion of an international agreement.
(46) The current version of the Circular 175 process explicitly clarifies that "[t]he term 'sole executive agreement' is appropriately reserved for agreements made solely on the basis of the constitutional authority of the President." (47) It further directs that sole executive agreements may be concluded only "so long as the agreement is not inconsistent with legislation enacted by the Congress in the exercise of its constitutional authority." (48) Consequently, provisions of executive agreements that overlap with existing statutory authority or treaty authority, as many provisions of the Paris Agreement do, would not presumptively be based on the president's authority to conclude sole agreements.
While greater transparency as to the underlying legal authority would be very much welcome, this situation is unfortunately the norm, as the Circular 175 process is not ordinarily public and the associated documentation is not infrequently classified.
Today, the treaty-making procedure is codified in Circular 175. (80) State Department officers "seeking authority to negotiate, conclude, amend, extend, or terminate an international agreement" must make a Circular 175 request from a high-ranking State Department official.
(80.) Circular 175 was originally published by the U.S.
The Circular 175 procedure also requires each request to be accompanied by a memorandum describing the proposed agreement, its expected effects, and the manner in which it will be completed.
According to the State Department, "the Circular 175 procedure has provided an efficient vehicle for achieving a coordinated and coherent U.S.