Enclosure (2) to COMDTINST 5710.3
important areas that drafters should consider when drafting a proposed
international agreement.
ii. As a practical matter, some informal discussion with prospective foreign partners
may be necessary in order to produce a meaningful draft negotiating text or
proposal. Coast Guard personnel engaged in such informal communications must
make clear that such discussions are preliminary and in no way binding on the
United States or the Coast Guard. In all cases, Coast Guard commands and
offices shall not engage in any formal discussions related to a possible
international agreement without approval of Commandant (G-CI/G-LMI) and
shall not exchange any draft negotiating texts with representatives of foreign
governments without first obtaining the C-175 authority as provided herein.
4. Processing the C-175 Request.
(a) The DoS CGLO (or Commandant (G-LMI)) delivers the draft agreement and
supporting documents to DoS L/T.
(b) Determination by DoS (L/T):
i. DoS (L/T) may determine that a proposed text does not constitute an international
agreement and therefore does not require C-175 authorization. Accordingly, DoS
(L/T) will notify the DoS CGLO (or Commandant (G-LMI)) that the Coast Guard
may proceed to conclude the arrangement with the foreign counterpart. DoS
(L/T) may recommend or require certain edits. In rare instances, DoS may object
on policy grounds to a proposed agreement that does not require C-175
authorization. In that case, a DoS action officer will convey the rationale for the
objection to the CGLO (or Commandant (G-LMI)).
ii. If DoS (L/T) determines that the proposed undertaking should be an international
agreement, contrary to the intention of the Coast Guard, DoS (L/T) will provide a
rationale for its conclusion and return the document to the CGLO (or
Commandant (G-LMI)), who will then forward it to the originating command or
headquarters office via the chain of command for additional supporting
documentation and resubmission to the State Department for C-175 authorization.
iii. If the Coast Guard has indicated its intent that an arrangement not be considered
an international agreement and requests help in redrafting it, DoS (L/T) may
assist in suggesting language to achieve that end.
(c) Commandant (G-LMI) will assist the appropriate Coast Guard headquarters program
office to draft an Action Memorandum requesting a signature by the Assistant
Secretary, who has been delegated authority to grant C-175 authorizations for the
5
Previous Page
