An executive agreement is an agreement between the

heads of government In the executive branch, the head of government is the highest or the second-highest official of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a ...

of two or more nations that has not been ratified by the

legislature A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial power ...

treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...

are ratified. Executive agreements are considered ''politically binding'' to distinguish them from

which are ''legally binding''. In the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, executive agreements are made solely by the

President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...

. They are one of three mechanisms by which the United States enters into binding international obligations. Some authors consider executive agreements to be

under

international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

in that they bind both the United States and another

sovereign state A sovereign state is a State (polity), state that has the highest authority over a territory. It is commonly understood that Sovereignty#Sovereignty and independence, a sovereign state is independent. When referring to a specific polity, the ter ...

. However, under United States constitutional law, executive agreements are not considered treaties for the purpose of the

Treaty Clause The Treaty Clause of the United States Constitution ( Article II, Section 2, Clause 2) establishes the procedure for ratifying international agreements. It empowers the President as the primary negotiator of agreements between the United State ...

of the

United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...

, which requires the advice and consent of two-thirds of the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

to qualify as a treaty. Some other nations have similar provisions with regard to the ratification of treaties.

In general

Executive agreements are often used in order to bypass the requirements of national

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

s for ratification of

. Many nations that are

republic A republic, based on the Latin phrase ''res publica'' ('public affair' or 'people's affair'), is a State (polity), state in which Power (social and political), political power rests with the public (people), typically through their Representat ...

s with written constitutions have constitutional rules about the ratification of treaties. The

Organization for Security and Co-operation in Europe The Organization for Security and Co-operation in Europe (OSCE) is a regional security-oriented intergovernmental organization comprising member states in Europe, North America, and Asia. Its mandate includes issues such as arms control, the p ...

is based on executive agreements.

In the United States

Federal government

In the United States, executive agreements are binding internationally if they are negotiated and entered into under the president's authority in foreign policy, as commander-in-chief of the armed forces, or from a prior act of Congress. For instance, as commander-in-chief, the president negotiates and enters into

status of forces agreement A status of forces agreement (SOFA) is an agreement between a host country and a foreign nation stationing military forces in that country. SOFAs are often included, along with other types of military agreements, as part of a comprehensive security ...

s (SOFAs), which govern the treatment and disposition of U.S. forces stationed in other nations. The president cannot, however, enter unilaterally into executive agreements on matters that are beyond their constitutional authority. In such instances, an agreement would need to be in the form of a congressional-executive agreement, or a

treaty A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...

with Senate advice and consent. The U.S. Supreme Court, in '' United States v. Pink'' (1942), held that international executive agreements validly made have the same legal status as treaties and did not require Senate approval. In '' Reid v. Covert'' (1957), while reaffirming the president’s ability to enter into executive agreements, the court also held that such agreements cannot contradict existing

federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a country has a central government as well as regional governments, such as subnational states or provinces, each with constituti ...

or the Constitution. The Case–Zablocki Act of 1972 requires the president to inform the Senate within 60 days of any executive agreement being made. No restriction was placed on presidential powers to make such agreements. The notification requirement enabled Congress to vote to cancel an executive agreement, or to refuse to fund its implementation.Ellen C. Collier, "Foreign Policy by Reporting Requirement." ''The Washington Quarterly'' 11.1 (1988): 75-84.

State government

Governors or other statewide executive officers may sign onto joint agreements with their counterparts in other state governments which may not have the legal backing of their respective legislatures.

References

{{reflist International law Diplomatic documents