Question & AnswerQ&A (EXECUTIVE ORDER NO. 459)
The policy mandates that all negotiations of treaties and executive agreements must be coordinated with and involve the Department of Foreign Affairs, following Executive Order No. 292. The composition of negotiation panels and designation of the chairman must also be coordinated with the Department of Foreign Affairs.
An international agreement refers to any contract or understanding in written form between the Philippines and another government, governed by international law, whether in a single instrument or multiple related instruments.
Treaties are international agreements requiring legislative concurrence after executive ratification, including compacts like conventions and covenants. Executive agreements are similar but do not require legislative concurrence.
The lead agency must secure authorization from the President through the Secretary of Foreign Affairs before any negotiation or international meeting, submitting a written request that includes the proposed composition of the delegation and recommended positions.
The lead agency must convene a meeting of the negotiation panel to establish negotiating parameters, and no deviation from these parameters may occur without prior consultation with panel members.
A treaty or executive agreement enters into force upon compliance with the domestic requirements set forth in the Order, which include ratification by the President and, for treaties, concurrence by the Senate.
It can only be given provisional effect if pressing national interest is shown, determined by the Department of Foreign Affairs in consultation with concerned agencies.
After signing, executive agreements must be transmitted to the Department of Foreign Affairs, which prepares ratification papers and submits them with agency endorsements to the President for ratification before taking appropriate actions.
Treaties must also be submitted to the Senate for concurrence in ratification. Certified true copies of the treaties and ratification instruments must accompany this submission, and the Department of Foreign Affairs implements treaty provisions upon Senate concurrence.