COMDTINST 5710.3
4. BACKGROUND.
(a) References (a) and (b) provide that an international agreement may not be signed or
concluded on behalf of the United States Government (USG) without prior consultation
with the Secretary of State, notwithstanding any other provision of law. Reference (c),
which provides the implementing regulations for reference (a), extends the consultation
requirement to agreements entered into in the name of the USG or in the name of any
USG agency.
(b) As the lead Executive agency for foreign affairs, the Department of State (DoS) has
established procedures for negotiating and concluding international agreements. This
process, in place since 1955 and known as the Circular 175 (C-175) process, prescribes
the method to implement the laws and regulations governing agreements between the
United States and foreign countries, international organizations, or commissions. The
C-175 process involves interagency review and clearance of proposed international
agreements, culminating in a decision by the Secretary of State or the Secretary's
designee to approve or deny their negotiation, conclusion, modification, or termination.
(c) Complying with the C-175 process is an integral part of the Coast Guard's continually
expanding international engagement objectives. Accordingly, this Instruction provides
an overview of the C-175 process and contains attachments that define an international
agreement, identify the components of the C-175 request, and provide points on drafting
international agreements.
5. SUMMARY OF PROCESS.
(a) The process of entering into an international agreement involves four distinct phases:
preliminary discussions, negotiations, concluding, and ratification. This Instruction only
addresses the first three. Coast Guard commands or headquarters offices contemplating
agreements or arrangements with foreign governments or foreign government agencies
shall consult with their servicing legal office and Commandant (G-CI) via their chain of
command and before undertaking formal negotiations or formal discussions with foreign
entities.
(b) Commandant (G-CI) and the appropriate command or headquarters office will coordinate
the engagement of the relevant Coast Guard and interagency stakeholders in order to
determine whether the cooperative activity envisioned by an international agreement or
arrangement with a foreign government entity is desirable or necessary for the
performance of authorized Coast Guard missions, and is consistent with the Coast
Guard's overall international engagement strategy. Commandant (G-CI) shall refer
suitable proposals to Commandant (G-LMI) for action.
(c) Commandant (G-LMI) will advise and assist the drafter and manage the formal
interagency clearance process for all proposed agreements or arrangements approved by
Commandant (G-CI). Commandant (G-LMI) will review the legal bases for such
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