AR International Agreements [United States Department of the Army] on *FREE* shipping on qualifying offers. The United States Army. Cooperation Agency 14 AR –51 • 2 May Glossary *This regulation supersedes AR –51, dated 15 April AR –51 • 2 May AR International Agreements (Paperback) – Common [Created by United States Department of the Army] on *FREE* shipping on.
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Department of the Army. Washington, DC 2 May This major revision dated 2 May Foreign Countries and Nationals. States, and the U. Proponent and exception authority. The proponent may delegate this approval Suggested improvements.
AR International Agreements :: Military Publications – Army Regulations – USAHEC
Users are authority, in writing, to a division chief invited to send comments and suggested within the proponent agency or its direct i m p r o v e m e n t s o n D A 2 0 2 8 R e c o m reporting unit or field operating agency, in m e n d e d C h a n g e s t o P u b l i c a t i o n s a n d the grade of colonel or the civilian equiv- Blank Forms directly to HQDA DAJAalent.
This publication is availa. Refer to AR 25—30 for specific. Contents Listed by paragraph and page number. This regulation does not apply to the following:. Contracts made under the Federal Acquisition Regulation. Foreign Military Sales Credit Agreements. Note, however, that umbrella agreements, implementing arrangements, and cross-servicing agreements under the NATO Mutual Support Act do fall under this regulation. International agreements and other international arrangements negotiated or concluded by Army elements under express authority granted to that Army element by unified commands or subordinate unified commands.
Required and related publications and prescribed and referenced forms are listed in appendix A. Abbreviations and special terms used in this regulation are explained in the glossary. For purposes of this regulation, international agreements are—.
Although it is against DA policy to enter into an oral international agreement, any oral agreement that meets the definition ae subparagraph a 1 a through a 1 cabove, of this definition is an international agreement. The DOD representative who enters into the agreement shall cause such agreement to be reduced to writing. It is incorrect to assume that an instrument or arrangement that implements an existing 55051 agreement is not itself an international agreement subject to this regulation.
For example, an instrument or arrangement to establish administrative procedures shall not be excluded from the definition of international agreement even if the underlying international agreement stipulates otherwise. Further, authority for negotiating implementing agreements is to be very narrowly interpreted. Generally speaking, a delegation of authority to conclude an international agreement carries with it only the delegated authority to enter into implementing arrangements that do not in any way expand or deviate from the basic agreement, and that do not address policy significant issues.
Any redelegation of authority by the authority negotiating and concluding the basic international agreement, to a lower level of command, for negotiating or ag implementing agreements, must either be provided for in the terms of the basic international agreement, or be specifically obtained for each implementing agreement. For purposes of this regulation, an other international arrangement is any instrument or 550-511 concluded with one or more foreign governments including their agencies, instrumentalities, 550-5 political 5500-51 or with an international organization that—.
For purposes of this regulation, negotiation means communication by any means of a position or an offer, on behalf of the United States, the DOD, the Army, or any office or organizational element thereof, to an agent or ag of a foreign government, including an agency, instrumentality, or political subdivision thereof, or of an international organization, in such detail that the acceptance in substance of such position or offer would result in an international agreement.
For purposes of this regulation, conclusion means the act of signing, initialing, responding, or otherwise indicat. For purposes of this regulation, policy significant means any issue identified during the agreement process which, 5505-1 the subject of an international agreement, in whole or in part, would result in application of the rules in DODD There is no comprehensive list of subjects that fall within this category.
In the event of uncertainty as to the applicability of this definition to a specific issue or agreement, Army elements should seek guidance from the supported combatant command legal advisor or, in the absence of such a legal sr, The Judge Advocate General DAJA—IO. However, any agreement provision related to any of the following subjects should be regarded as presumptively policy significant—. Foreign criminal sr and jurisdiction. Customs fees or inspections. Freedom of movement within a country, including its air space or it territorial waters.
Foreign governmental fees, other than for services requested by the United States and actually received. For purposes of this regulation, predominantly DA matters means a matter related to the execution of a specified or implied Army task not 5550-51 from a mission assigned by a non-Army agency DOD or a subordinate combatant command.
Where there is doubt about whether a negotiation or agreement involves a predominantly DA matter, the proponent should coordinate the matter with the combatant command. Is the proposal an international agreement or other international arrangement according to the definitions in this regulation? If so, is the proponent vested with proper procedural and substantive authority to initiate the agreement process?
What intra-agency and, if applicable, inter-agency coordination is required prior to commencing negotiation of the proposed agreement or arrangement? What intra-agency and, if applicable, inter-agency coordination is required prior to concluding the proposed agreement or arrangement?
Note 505-51 under no circumstances shall a draft agreement or arrangement, in any form, be tendered to a foreign counterpart until this legal opinion has been rendered. Negotiation on the draft agreement 550-511 other international arrangement will not commence without the legal opinion.
In all cases, the concurrence shall include a certification that the agreement or arrangement complies with the requirements of DODD Any instrument or arrangement that involves unprogrammed costs or special appropriations or that would have U.
Coordinate with the DCS, G—8 on any proposed international agreement 5500-51 involves unprogrammed costs. Any instrument or arrangement that involves changes in logistic support for U.
Ad SAGC will serve as or shall designate the legal advisors for acquisition-related international agreements.
Such annexes shall be treated as other international arrangements. Any instrument or arrangement that potentially may have a significant impact on the plans and programs of such combatant command must be treated under this regulation as an international agreement and not an other international arrangement.
Such international agreements may fall within the delegated authority of the combatant command and not the authority delegated pursuant to this regulation. Any instrument or arrangement that potentially may impact the development or procurement of standardized weapon systems or equipment within the NATO, or U.
Further, coordinate with the DCS, G—8 on any proposed international agreement that impacts the fielding of Army weapon systems. Such agreements shall be consistent with the National Disclosure Policy NDP—1 and will meet the conditions for release provided therein.
Any instrument or arrangement involving or likely to involve the release of classified military information, classified technology, or classified material must be treated under this regulation as an international agreement and not an other international arrangement. Changes which must be reported include substantial differences in the proposed text of an agreement presented to a delegating authority and the text that has evolved.
Similarly, material changes in U. For example, a substantial change in the amount, source, method, or timing of compensation to be provided by the United States must be reported. Additionally, a significant alteration in the operational capability or usefulness of a system to be cooperatively developed must be reported.
Authority to negotiate and conclude international agreements is determined by the delegations in paragraph 5 of this regulation. Commanders whonegotiate international agreements with environmental consequences are responsible for ensuring that they are fully aware of the environmental aspects of the agreement, giving particular attention to reasonably foreseeable, significant, adverse environmental aspects.
Commanders should consider alternatives to fulfill the purpose of the agreement and reasonably available methods to mitigate any reasonably foreseeable, significant, adverse impacts.
If the agreement requires Circular authority, the request for such authority should include a brief analysis of the environmental considerations discussed in this paragraph. The negotiation and conclusion of an amendment or extension to an international agreement must be approved in accordance with the requirements of this regulation by the same U. United States officials who have been delegated the authority to approve amendments to, or extensions of, international agreements subject to this regulation shall negotiate and conclude amendments or extensions in accordance with the provisions of this regulation.
The index shall include, at a minimum, the following information with respect to each international agreement:. Army component signing the agreement. Significant negotiations include the negotiation of—. With regard to international agreements under this regulation and other international arrangements as appropriate, that fall within the scope of the authority delegated to the ACOM or ASCC under paragraph 5 bthe central office shall—.
Provide courtesy notification to the combatant command legal advisor. Army Commands and ASCCs are encouraged to require the central office of record to also maintain an index of any international agreements concluded under authority from combatant commands and not under this regulation.
Resolve doubts concerning what constitutes a significant negotiation in favor of reporting the proposed negotiation to DAJA—IO. The Secretary of Defense SECDEF has delegated authority to the Secretary of the Army SA to negotiate and conclude the categories of international agreements listed below, except those deemed to have policy significance under the criteria set forth in the definition of policy significance described in paragraph 3 f.
Note also that an international agreement that may have been considered at one time to relate to predominantly DA matters may, due to a change in circumstances, today be considered to involve matters of significant concern to the applicable combatant command or DOD.
AR 550-51 International Agreements
Government is not financially supporting the participation of any other force, except when such support is specifically permitted by applicable U. The SA redelegates the authority to negotiate and conclude the international agree. Prior to taking any action related to the agreement process based on the above redelegations, the delegees listed above must determine, in consultation with their supporting legal counsel, that, as a matter of fact and law, they have substantive authority to perform the U.
This regulation does not provide such substantive authority. This regulation does not eliminate or replace interagency coordination or consultation requirements with respect to international agreements established in 22 CFRor intra-agency coordination requirements established in AR 11—31, chapter 1, DODD This regulation is of a procedural nature only meaning that it only indicates who may negotiate an international agreement and how such agreements are negotiated and does not constitute substantive legal authority to negotiate or conclude any international agreement.
Substantive legal authority for each obligation proposed to be assumed by the United States in any international agreement must be found in other 5505-1 or regulation applicable to the relevant subject matter. For example, Section 30A of the Arms Export Control Act, as implemented in AR 12—15, provides substantive authority for the SA to enter into reciprocal unit exchange agreements, while paragraph 5 b of this regulation indicates who, in the Army, may negotiate and execute such agreements on behalf of the SA.
Limits on delegated and redelegated authority to negotiate and conclude international agreements a. Neither the SA nor any delegee may negotiate or conclude the following types of international agreements.
Such cases may notbe acted upon without prior approval of the USD P. This limitation does not include—. However, if the proposed implementing arrangement contains a new or altered obligation not contemplated by the parties, the limitation applies. The DSCA is responsible for all coproduction or licensed programs that involve the foreign production of U. FMS or commercial arrangements, which are financed with either foreign financing or security assistance financing. All proposals to negotiate and concludeinternational intelligence agreements except those involving signals intelligence SIGINT shall be submitted to the.
The negotiation and conclusion of such agreements require the prior approval of the. If the authority to negotiate a specific agreement is delegated in accordance with paragraphs 6 b 550-51 6 cabove, the SAGC may designate the legal advisor to serve on the negotiating team. International agreements shall not be concluded by DA personnel in a foreign language text, unless the requirements in either paragraph 7 a or 7 bbelow are met:.
The agreement states that the English language text shall be considered by the parties as the governing text in the. The agreement states that the English language text and the foreign language text s are equally authentic, and—. This person must bedesignated as qualified, consistent with local practice, by the DOD or DA official authorized to negotiate and conclude the agreement or by an appropriate Department of State official. Army elements ra international agreements under the authority delegated in this regulation, other than intelligence agreements, must forward four copies, 50-51 foreign language copies of the agreement, arr 10 days after the agreement is signed, to HQDA DAJA—IOArmy Pentagon, Washington, DC —