Title
Guidelines for Negotiation and Ratification of Intl. Agreements
Law
Executive Order No. 459
Decision Date
Nov 25, 1997
Fidel V. Ramos establishes guidelines for the negotiation and ratification of international agreements, mandating coordination with the Department of Foreign Affairs and outlining the necessary procedures for treaties and executive agreements to ensure alignment with national interests.

Law Summary

Definition of Terms

  • International Agreement: Any contract or understanding governed by international law between the Philippines and another government.
  • Treaties: International agreements requiring legislative concurrence after executive ratification.
  • Executive Agreements: Agreements similar to treaties but not requiring legislative approval.
  • Full Powers: Authority given by a Head of State or Government to a delegation head to bind the country.
  • National Interest: Benefits or prestige as defined by political or administrative leadership.
  • Provisional Effect: Temporary enforcement of an agreement pending fulfillment of domestic requirements.

Authority to Negotiate

  • Negotiation authorizations must be obtained from the President via the Secretary of Foreign Affairs.
  • Requests must be in writing, naming the delegation and outlining negotiation positions.
  • Full Powers and formal instructions are required for permanent international arrangements.

Full Powers

  • Issued by the President, possibly delegated to the Secretary of Foreign Affairs.
  • Exceptions exist for the Secretary of Foreign Affairs, diplomatic mission heads (for treaty text adoption), and accredited representatives to international conferences or organizations.

Negotiations

  • The Philippine negotiation panel’s composition is determined by the President upon recommendations from DFA and the lead agency.
  • Pre-negotiation meetings to establish negotiation parameters are mandatory.
  • No deviation from agreed parameters without prior consultation with panel members.

Entry into Force and Provisional Application

  • Treaties and executive agreements come into effect on complying with domestic procedures.
  • Provisional effect is only granted when there is a pressing national interest.
  • DFA oversees the provisional effect decision in consultation with relevant agencies.

Domestic Requirements for Entry into Force

  • Executive Agreements: Must be transmitted to DFA post-signing with agreement highlights and benefits.
  • DFA, upon endorsement, forwards agreements to the President for ratification and manages post-ratification procedures.
  • Treaties: Follow executive agreement procedures plus submission to the Senate for concurrence.
  • Certified copies and ratification instruments accompany submissions to the Senate.
  • The DFA acts on Senate concurrence to effect treaty enforcement.

Notice to Concerned Agencies

  • DFA is responsible for notifying all relevant agencies about the entry into force of agreements.

Determination of the Nature of the Agreement

  • DFA decides if an international agreement qualifies as a treaty or an executive agreement.

Separability Clause

  • Invalidity of any part does not affect the enforceability of the remaining provisions.

Repealing Clause

  • Contradictory orders, proclamations, and memoranda are repealed or modified accordingly.

Effectivity

  • The Executive Order takes effect immediately upon approval.

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