[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Proposed Rules]
[Pages 78813-78814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26718]
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DEPARTMENT OF STATE
22 CFR Part 181
RIN 1400-AE98
[Public Notice: 10990]
Publication, Coordination, and Reporting of International
Agreements: Amendments
AGENCY: Department of State.
ACTION: Proposed rule with request for comment.
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SUMMARY: The Treaties and Other International Acts Series (TIAS) is the
official treaty series of the United States and serves as evidence of
the treaties, and international agreements other than treaties, in all
courts of law and equity of the United States, and in public offices of
the federal government and of the states, without any need of further
authentication. Certain international agreements may be exempted from
publication in TIAS, if the Department of State provides notice in its
regulations. With this proposed rule, the Department of State is
proposing to update those regulations to clarify the scope of an
existing exemption.
DATES: The Department of State will consider comments submitted before
February 5, 2021.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. You must include the RIN
1400-AE98 in the subject line of your message.
Website: Persons with access to the internet may also view
this notice and provide comments by going to the regulations.gov
website and searching Docket DOS-2019-0045 at: http://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: Michael Mattler, Treaty Affairs,
Office of the Legal Adviser, Department of State, Washington, DC 20520,
(202) 647-1345, or at [email protected].
SUPPLEMENTARY INFORMATION: Pursuant to 1 U.S.C. 112a, the Secretary of
State is required to cause to be published annually a compilation of
all treaties and international agreements to which the United States is
a party that were signed, proclaimed, or ``with reference to which any
other final formality ha[d] been executed'' during the calendar year.
The Secretary of State, however, may determine that publication of
particular categories of agreements is not required if certain criteria
are met (See 1 U.S.C. 112a(b)). The criteria are:
(1) Such agreements are not treaties that have been brought into
force for the United States after having received Senate advice and
consent pursuant to section 2(2) of Article II of the Constitution of
the United States;
(2) The public interest in such agreements is insufficient to
justify their publication, because (A) as of the date of enactment of
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995,
the agreements are no longer in force; (B) the agreements do not create
private rights or duties, or establish standards intended to govern
government action in the treatment of private individuals; (C) in view
of the limited or specialized nature of the public interest in such
agreements, such interest can adequately be satisfied by an alternative
means; or (D) the public disclosure of the text of the agreement would,
in the opinion of the President, be prejudicial to the national
security of the United States; and
(3) Copies of such agreements (other than those in paragraph
(2)(D)), including certified copies where necessary for litigation or
similar purposes, will be made available by the Department of State
upon request.
Pursuant to 1 U.S.C. 112a(c), any such determination must be
published in the Federal Register. The Department proposes amending the
exemption contained in 22 CFR 181.8(a)(9) to clarify its scope. 22 CFR
181.8(a)(9) exempts from publication ``Agreements that have been given
a national security classification pursuant to Executive Order No.
13526, its predecessors or successors.'' The Department proposes
amending this subsection to read ``Agreements that have been given a
national security classification pursuant to Executive Order No. 13526,
its predecessors or successors, or are otherwise exempt from public
disclosure pursuant to U.S. law.''
[[Page 78814]]
In proposing this change, the Department wishes to clarify that the
scope of the exemption contained in 22 CFR 181.8(a)(9) includes
agreements that have not been given a national security classification
pursuant to Executive Order No. 13526, its predecessors or successors,
but nonetheless are exempt from public disclosure pursuant to U.S. law.
The principal category of agreements for which this clarification is
relevant are agreements that are exempt from public disclosure pursuant
to 10 U.S.C. 130c, which authorizes specified national security
officials to withhold from public disclosure otherwise required by law
sensitive information of foreign governments and international
organizations.
Regulatory Analysis
Administrative Procedure Act
The Department is issuing this proposed rule for comment in
accordance with the Administrative Procedure Act (5 U.S.C. 553).
Regulatory Flexibility Act/Executive Order 13272: Small Business
This rulemaking is hereby certified as not expected to have a
significant impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
The Small Business Regulatory Enforcement Fairness Act of 1996
This rulemaking does not constitute a major rule, as defined by 5
U.S.C. 804, for purposes of congressional review of agency rulemaking.
The Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally
requires agencies to prepare a statement before proposing any rule that
may result in an annual expenditure of $100 million or more by State,
local, or tribal governments, or by the private sector. This rule will
not result in any such expenditure nor would it significantly or
uniquely affect small governments.
Executive Orders 12372 and 13132: Federalism and Executive Order 13175,
Impact on Tribes
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Nor will the regulations have federalism
implications warranting the application of Executive Orders 12372 and
13132. This rule will not have tribal implications, will not impose
costs on Indian tribal governments, and will not pre-empt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Executive Orders 12866 and 13563: Regulatory Review
This rule has been drafted in accordance with the principles of
Executive Orders 12866 and 13563. This rule has been determined to be a
significant rulemaking under section 3 of Executive Order 12866, but
not economically significant. With respect to the costs and benefits of
this rule, the Department notes that agreements addressed by the
proposed clarification are, by definition, already exempt from public
disclosure pursuant to U.S. law. The proposed rule is intended to
provide greater clarity to the application of the existing rule rather
than to effect a change in existing practices regarding the publication
of agreements. For this reason, the Department does not anticipate any
costs to the public from this rulemaking. Therefore, the Department
believes that the benefits of this rulemaking outweigh any costs.
Executive Order 12988: Civil Justice Reform
This rule has been reviewed in light of sections 3(a) and 3(b)(2)
of Executive Order 12988 to eliminate ambiguity, minimize litigation,
establish clear legal standards, and reduce burden.
Executive Order 13771
This proposed rule is not expected to be subject to the
requirements of Executive Order 13771 because this proposed rule is
expected to result in no more than de minimis costs.
The Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval from OMB for each collection of
information they conduct, sponsor, or require through regulation. This
rule contains no new collection of information requirements.
List of Subjects in 22 CFR Part 181
Treaties.
For the reasons set forth above, 22 CFR part 181 is proposed to be
amended as follows:
PART 181--COORDINATION, REPORTING AND PUBLICATION OF INTERNATIONAL
AGREEMENTS
0
1. The Authority section for Part 181 continues to read as follows:
Authority: 1 U.S.C. 112a, 112b; and 22 U.S.C. 2651a.
Sec. 181.8 [Amended]
0
2. In Sec. 181.8 revise paragraph (a)(9) to read as follows:
(a) * * *
* * * * *
(9) Agreements that have been given a national security
classification pursuant to Executive Order No. 13526, its predecessors
or successors, or are otherwise exempt from public disclosure pursuant
to U.S. law.
* * * * *
Zachary A. Parker,
Director, Office of Directives Management, Department of State.
[FR Doc. 2020-26718 Filed 12-4-20; 8:45 am]
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