[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:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#4803273c3c25312d3a0905083b3c293c2d662f273e"><span class="__cf_email__" data-cfemail="bef5d1cacad3c7dbccfff3fecdcadfcadb90d9d1c8">[email protected]</span></a>. You must include the RIN 
1400-AE98 in the subject line of your message.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#dda9afb8bca9a4b2bbbbb4beb89daea9bca9b8f3bab2ab"><span class="__cf_email__" data-cfemail="b7c3c5d2d6c3ced8d1d1ded4d2f7c4c3d6c3d299d0d8c1">[email protected]</span></a>.

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]
BILLING CODE 4710-08-P


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