Annex

• Author: Winston, Andrew M.
• Pages: 39-40

Ratification of international treaties

United States of America

39

Annex

Table X-3. – Statutory Requirements for Transmittal of Agreements to Congress

Source: SFRC TREATY STUDY, supra note 25, at 236-37.

Title of Act and Public Law Citation [U.S.C.] Subject of Agreement

Transmittal

Before or

After Entry

into Force?

Approval

Required for

Entry into

Force? How?

Disapproval

Provisions?

How?

Specified

Recipients of

Agreements

Are

Congressional

Procedures Set

Forth?

Atomic Energy Act of 1954, as amended (P.L. 83–

703); Sections 123 & 130 (g), (h) & (i) [42 U.S.C.

2153 & 2159 (g), (h), & (i)].

Nuclear Cooperation

Agreements.

Before; 30-

day waiting

period.

Yes; Joint

Resolution.

Yes; Joint

Resolution.

SFRC, HFAC316

Yes, general

provisions

Atomic Energy Act of 1954, as amended (P.L. 83–

703); Sections 91c, 144 b or c; and Sections 123 &

130 (g), (h), & (i) [42 U.S.C. 2153 & 2159 (g), (h) &

(i)].

Nuclear Cooperation

Agreements relating to

defense materials or

military uses.

Before; 60-

day waiting

period.

Yes; Joint

Resolution.

Yes; Joint

Resolution.

SFRC, HFAC, HASC,

SASC

Yes, general

provisions

Fishery Conservation and Management Act of

1976, as amended (P.L. 94–265) Section 203 [16

U.S.C. 1823].

International Fisheries

Agreements (GIFAs).

Before; 60-

day waiting

period.

No; will enter into

force if no action

within 60 days. 317

Yes; Joint

Resolution.

House & Senate;

HMM&F, SFRC, S

Commerce

Yes, detailed

provisions

Taiwan Relations Act (P.L. 96–8), Section

12 [22 U.S.C. 3311].

Agreements made by the

American Institute in

Taiwan.

After

No

No

Congress

No

316 Guide to abbreviations of committee names: SFRC—Senate Committee on Foreign Relations; HFAC—House Committee on Foreign Affairs, now House Committee on

International Relations [now again named the House Committee on Foreign Affairs]; HASC—House Armed Services Committee; SASC—Senate Armed Services Committee;

HMM&F—House Merchant Marine and Fisheries Committee, now House Committee on Resources [now House Committee on Natural Resources]; S Commerce—Senate

Committee on Commerce, Science, and Transportation; S Agriculture—Senate Committee on Agriculture, Nutrition, and Forestry.

317 Many GIFAs have been approved by Congress and entered into force before the end of the 60-day period.