Enclosure (2) to COMDTINST 5710.3
"Environmental documentation is not required under E.O. 12114 of January 4,
1979." The Action Memorandum must also state whether an agreement would
have an environmental impact in the United States.
vi. Congressional and Public Consultations: This section should address whether
the agreement and its related activities are likely to be controversial or involve
political sensitivities. The Coast Guard should note whether it has already
engaged in, or intends to engage in, any consultations with Congress. Likewise,
this section should note whether there has been, or will be, any opportunity for
public comment on the proposed agreement. This information will assist DoS in
determining the need for congressional consultations and to incorporate
appropriate language into the C-175 decision memorandum.
vii. Intellectual Property Rights: A description must be included of the type(s) of
intellectual property rights (IPR) that could be created in the course of
implementing the agreement, including rights to and management of data and
information products. There should be a statement describing the manner in
which IPR are to be protected. If IPR are not implicated by the proposed
agreement, then the Action Memorandum should so indicate.
viii. Recommendation: Recommendation that the appropriate Assistant Secretary
authorize the negotiation and conclusion of the requested agreement or grant the
requested authority.
(a) Memorandum of Law. The Memorandum of Law must identify and describe in
sufficient detail the statutory authority or authorities to enter into international
agreements as well as for engaging in the activities specified in the agreement.
Additionally, the Memorandum of Law must review the customary and conventional
international law relevant to the agreement. Commandant (G-LMI) will usually draft
all such Memoranda after having received an initial assessment of whether domestic
law provides authority for the Coast Guard to engage in the activity contemplated by
the proposed agreement or arrangement from the servicing legal office.
(b) Draft Negotiating Text.
i. The command or headquarters office must attach the entire draft negotiating text
of the proposed agreement to any request for C-175 authority. In those
exceptional cases in which a command or office seeks C-175 authorization before
a draft text is available, the proposed agreement must be described in sufficient
detail to allow appropriate review. In such cases, only C-175 authority to
negotiate, but not to conclude (i.e., to sign), the proposed agreement would be
available. The Coast Guard would need to seek separate C-175 authority to
conclude the agreement once a text was agreed. Enclosure (3) highlights the
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