CASE ZABLOCKI ACT (C-Z) Application Compliance Department of Commerce and NOAA Procedures Other Resources APPLICATION The Case-Zablocki Act of August 22, 1972, 1 USC § 112b (the Act) requires that all international agreements entered into by the U.S. Government receive prior approval by the Secretary of State: "Notwithstanding any other provision of law, an international agreement may not be signed or otherwise concluded on behalf of the United States without prior consultation with the Secretary of State. Such consultation may encompass a class of agreements rather than a particular agreement." 1 USC § 112b(c). The Act clearly applies to government agencies and" the fact that an agreement is concluded by and on behalf of a particular agency of the United States Government, rather than the United States Government, does not mean that the agreement is not an international agreement." 22 CFR 181.2(a)(5)(b). COMPLIANCE Compliance with the Act begins with a determination of whether an agreement is a "binding international agreement." This determination is based on four mandatory criteria: the identity and intention of the parties, the significance of the arrangement, its specificity and the commitment of two or more parties. 22 CFR 181.2(a)(1-4). To satisfy the first criteria a party must be a state, state agency or an intergovernmental organization and the parties must intend for the agreement to be binding under international law. The second criteria depends on the political significance of the agreement, the amount of funding involved, and the requirement of continuous and/or substantial cooperation. Specificity, the third criteria, turns on the presence of objective criteria for determining enforceability and the precision/specificity of the language used. The form of the agreement can also be a significant factor, but it is not a mandatory part of the determination. DEPARTMENT OF COMMERCE AND NOAA PROCEDURES The Department of Commerce prescribes a specific set of procedures for conducting international negotiations and compliance with the Act under DAO 218-4. Following these procedures, if an agreement is determined to be a "binding international agreement" a Circular 175 (C-175) process, managed by the Department of State, is triggered. The C-175 process conducts streamlined procedures for "routine scientific or technical agreements," or more rigorous procedures for complex agreements. NOAA Guidance on implementing the DOC DAO and ultimately the Act ensure proper coordination on international agreements. OTHER RESOURCES Case-Zablocki Act Review Procedures (Nov. 12, 2002 Memorandum from DOC General Counsel Ted Kassenger) FAQ — NOAA-GC Guidance on Legal Determinations Under Case Zablocki Act DOC Interim Interagency and Other Special Agreements Handbook. Available for download. C-175 Process — Process for Case-Zablocki Act/C-175 and clearance of international agreements, including routine Science and Technology (S&T) Agreements DAO 218-4 — Treaties and Other International Agreements, Effective Date: January 14, 1972 1 USC 112b— The Case-Zablocki Act of August 22, 1972 (State Department Web Site) State Department C-175 Process Handbook. 22 CFR Part 181 — Coordination, Reporting and Publication of International Agreements Graphic depicting NOAA Case-Zablocki Act procedure State Department Office of the Legal Adviser for Treaty Affairs — Guidance on Non-Binding Documents Department of Commerce Model Agreements for Transferring Funds 10/19/11. Presentation on the Case-Zablocki Act Process by Hugh Schratwieser, Weather, Satellites and Research Section, NOAA Office of General Counsel.