Undertaking is Not an International Agreement

Enclosure (2) to COMDTINST 5710.3

enclosure (3).4 Commandant (G-CI) shall ensure review of the draft agreement by

appropriate headquarters program offices. Commandant (G-LMI) shall coordinate the

evaluation of the proposed undertaking to determine whether the initiation of the C-175

process will be necessary. Part of the headquarters legal review shall include a determination

of whether the Coast Guard desires the text to be legally binding under international law.

Commandant (G-LMI) shall consult with the Office of the Assistant Legal Adviser for Treaty

Affairs at DoS (L/T) to ascertain whether a proposed undertaking is legally binding or

constitutes an international agreement.

Likewise, Commandant (G-LMI) may request

assistance from L/T in drafting or revising a draft agreement.

(a) Undertaking is Not an International Agreement. If Commandant (G-LMI), in

consultation with DoS (L/T) determines that the undertaking is not an international

agreement, i.e., it is an informal, non-binding arrangement, Commandant (G-CI) may

provide final clearance for the requesting command or office to proceed with the

undertaking and conclude the arrangement without obtaining C-175 authorization.

Commandant (G-CI) may decide, however, to consult with the DoS country and

regional affairs desks of the appropriate regional bureau(s), and other policy offices,

bureaus, or federal agencies before providing final clearance.

(b) International Agreements. If Commandant (G-LMI), in consultation with DoS (L/T)

determines that the undertaking is an international agreement, Commandant (G-LMI)

will manage the interagency clearance process, coordinate the preparation of the

required C-175 package, and deliver it to the appropriate DoS Coast Guard Liaison

Officer (CGLO) for clearance.

i. Pre-existing C-175 Authorization. If the Coast Guard holds a pre-existing C-175

authorization for the proposed agreement, Commandant (G-LMI) will coordinate

submission of an abbreviated clearance package to DoS.

ii. Need for New C-175 Authorization. If the proposed agreement requires new

C-175 authorization, Commandant (G-LMI) will assist in and coordinate the

preparation of a C-175 authorization package.

3. Prepare a C-175 Package. For an international agreement, i.e., one intended to be legally

binding, the Coast Guard must submit a package to DoS or DoS CGLO comprising three

components: Action Memorandum, Memorandum of Law, and Draft Text.5 All required

documents should be submitted electronically to DoS. If the proposed agreement fits within

a pre-existing blanket C-175 authorization, then the original Memorandum of Law

Paragraph 8.b of reference (f) states "the legal authority for the agreement must be cited." Because DoS does not permit the

inclusion of a statement of authority within an international agreement and the legal authority will be included in a separate

memorandum of law, this requirement does not have to be complied with.

The Action Memorandum and the Memorandum of Law are addressed to the Under Secretary of State for Global Affairs and

are addressed from the Assistant Secretary of State having authority over the subject matter. For further information contact

Commandant (G-LMI) or the DoS CGLO through Commandant (G-CI).