Enclosure (3) to COMDTINST 5710.3
Drafting Guidance for International Agreements
Drafters of international agreements should observe certain conventions regarding their form and
structure:
1. Parity of Parties: Ensure that the foreign entity with which the proposed agreement is
expected to be signed is legally competent to sign for its government and is:
(a) A foreign government, department, or agency;
(b) Equivalent to the proposed U.S. party, i.e., government-to-government or agency-to-
agency;
(c) Not a foreign university or foreign government corporation; and
(d) Not a sub-agency level entity that has no independent authority to sign or negotiate
international agreements.
2. Number of Signatories: Although there may be multiple entities that are party to the
agreement, there must be only one signatory for the U.S. Government if the agreement is
government-to-government. However, if the agreement is agency-to-agency, multiple
signatories are permitted but are limited to one per Department.
3. Scope of Activities: Verify that the activities listed in the proposed agreement are:
(a) Within the scope of any existing agreement, if applicable;
(b) Within the scope of the agency's legal and programmatic competence; and
(c) Desirable in light of the status of general bilateral relations with the country, on-going
operational and military activities, political implications, and the national interests of the
U.S.
4. Funding: If the activities under the proposed agreement are subject to the availability of
appropriated funds, the agreement should make that explicit. For instance: "All activities
under this agreement are subject to availability of appropriated funds and resources."
5. Joint Committees and Councils: If provision is made in the proposed agreement for a joint
committee or a council, its authority should be specifically defined in the agreement to
include authority to make decisions necessary for implementation, but not the authority to
bind parties to new terms or to modify the existing terms of the agreement itself.
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