Publication, Coordination, and Reporting of International Agreements, 22118-22119 [2021-08718]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Rules and Regulations]
[Pages 22118-22119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08718]


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DEPARTMENT OF STATE

22 CFR Part 181

[Public Notice: 11408]
RIN 1400-AE98


Publication, Coordination, and Reporting of International 
Agreements

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Treaties and Other International Acts Series (TIAS) is the 
official treaty series of the United States and serves as evidence of 
the treaties, and international agreements other than treaties, in all 
courts of law and equity of the United States, and in public offices of 
the federal government and of the states, without any need of further 
authentication. Certain international agreements may be exempted from 
publication in TIAS, if the Department of State (the Department) 
provides notice in its regulations. This rule updates those regulations 
to clarify the scope of an existing exemption.

DATES: This rule is effective May 27, 2021.

FOR FURTHER INFORMATION CONTACT: Michael Mattler, Treaty Affairs, 
Office of the Legal Adviser, Department of State, Washington, DC 20520, 
(202) 647-1345, or at [email protected].

SUPPLEMENTARY INFORMATION: This rule finalizes a proposed rule 
published by the Department of State on December 7, 2020. 85 FR 78813. 
The Department provided 60 days for comment; no relevant public 
comments were received.

Background

    Pursuant to 1 U.S.C. 112a, the Secretary of State is required to 
cause to be published annually a compilation of all treaties and 
international agreements to which the United States is a party that 
were signed, proclaimed, or ``with reference to which any other final 
formality ha[d] been executed'' during the calendar year. The Secretary 
of State, however, may determine that publication of particular 
categories of agreements is not required if certain criteria are met 
(See 1 U.S.C. 112a(b)).
    As explained in the NPRM, the Department is amending 22 CFR 
181.8(a)(9) to read ``Agreements that have been given a national 
security classification pursuant to Executive Order No. 13526, its 
predecessors or successors, or are otherwise exempt from public 
disclosure pursuant to U.S. law.''
    The scope of this new exemption includes agreements that have not 
been given a national security classification pursuant to Executive 
Order No. 13526, its predecessors or successors, but nonetheless are 
exempt from public disclosure pursuant to U.S. law. The principal 
category of agreements for which this clarification is relevant are 
agreements that are exempt from public disclosure pursuant to 10 U.S.C. 
130c, which authorizes specified national security officials to 
withhold from public disclosure otherwise required by law sensitive 
information of foreign governments and international organizations.

Regulatory Analysis

Administrative Procedure Act

    The Department issued the rule for comment in accordance with the 
Administrative Procedure Act (5 U.S.C. 553).

Regulatory Flexibility Act/Executive Order 13272: Small Business

    This rulemaking is hereby certified as not expected to have a 
significant impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.

Congressional Review Act

    This rulemaking does not constitute a major rule, as defined by 5 
U.S.C. 804, for purposes of congressional review of agency rulemaking.

The Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally 
requires agencies to prepare a statement before proposing any rule that 
may result in an annual expenditure of $100 million or more by State, 
local, or tribal governments, or by the private sector. This rule will 
not result in any such expenditure nor would it significantly or 
uniquely affect small governments.

Executive Orders 12372 and 13132: Federalism and Executive Order 13175, 
Impact on Tribes

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Nor will the regulations have federalism 
implications warranting the application of Executive Orders 12372 and 
13132. This rule will not have tribal implications, will not impose 
costs on Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of Executive Order 13175 do not apply to 
this rulemaking.

Executive Orders 12866 and 13563: Regulatory Review

    This rule has been drafted in accordance with the principles of 
Executive Orders 12866 and 13563. This rule has been determined to be a 
significant rulemaking under section 3 of Executive Order 12866, but 
not economically significant. With respect to the costs and benefits of 
this rule, the Department notes that agreements addressed by the 
proposed clarification are, by definition, already exempt from public 
disclosure pursuant to U.S. law. The proposed rule is intended to 
provide greater clarity to the application of the existing rule rather 
than to effect a change in existing practices regarding the publication 
of agreements. For this reason, the Department does not anticipate any 
costs to the public from this rulemaking. Therefore, the Department 
believes that the benefits of this rulemaking outweigh any costs.

Executive Order 12988: Civil Justice Reform

    This rule has been reviewed in light of sections 3(a) and 3(b)(2) 
of Executive Order 12988 to eliminate ambiguity, minimize litigation, 
establish clear legal standards, and reduce burden.

[[Page 22119]]

The Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), 
Federal agencies must obtain approval from OMB for each collection of 
information they conduct, sponsor, or require through regulation. This 
rule contains no new collection of information requirements.

List of Subjects in 22 CFR Part 181

    Treaties.

    For the reasons set forth above, 22 CFR part 181 is amended as 
follows:

PART 181--COORDINATION, REPORTING AND PUBLICATION OF INTERNATIONAL 
AGREEMENTS

0
1. The authority section for part 181 continues to read as follows:

    Authority: 1 U.S.C. 112a, 112b; and 22 U.S.C. 2651a.


0
2. In Sec.  181.8, revise paragraph (a)(9) to read as follows:


Sec.  181.8  Publication.

    (a) * * *
    (9) Agreements that have been given a national security 
classification pursuant to Executive Order No. 13526, its predecessors 
or successors, or are otherwise exempt from public disclosure pursuant 
to U.S. law.
* * * * *

Zachary A. Parker,
Director, Office of Directives Management, U.S. Department of State.
[FR Doc. 2021-08718 Filed 4-26-21; 8:45 am]
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