Definition of Terms
- International Agreement: Written contract or understanding between the Philippines and another government governed by international law.
- Treaties: International agreements requiring legislative concurrence after executive ratification; include compacts like conventions and covenants.
- Executive Agreements: Similar to treaties but do not require legislative concurrence.
- Full Powers: Authority granted to head of delegation to bind the country in negotiations.
- National Interest: Advantage or benefit to the country as defined by political/administrative leadership.
- Provisional Effect: Temporary recognition of an agreement pending compliance with domestic requirements.
Authority to Negotiate
- Authorization must be secured from the President through the Secretary of Foreign Affairs before negotiations.
- Requests for authorization must be in writing, including delegation composition and negotiation position range.
- Full Powers and formal instructions required for permanent or policy-changing agreements.
- Written authorization from the President is sufficient for other agreements.
Full Powers
- Issuance by the President or delegated to the Secretary of Foreign Affairs.
- Full Powers not required for Secretary of Foreign Affairs, heads of Philippine diplomatic missions (for adopting texts), or representatives in international conferences/organizations adopting treaty texts.
Negotiations
- Composition of negotiation panels determined by the President based on recommendations by DFA and lead agency.
- Lead agency must convene panel meetings prior to negotiations to set negotiation parameters.
- No deviation from agreed parameters without prior panel consultations.
Entry into Force and Provisional Application
- Treaties/executive agreements enter into force after compliance with domestic requirements.
- Provisional effect granted only when pressing national interest is demonstrated.
- DFA consults concerned agencies for provisional effect decisions.
Domestic Requirements for Entry into Force
- Executive Agreements: Must be transmitted to DFA after signing; DFA prepares ratification papers and transmits to the President for ratification.
- Treaties: Must follow executive agreements' requirements plus submission to the Senate for concurrence before ratification.
- DFA submits certified true copies of treaties and ratification instruments to Senate.
- Upon Senate concurrence, DFA ensures treaty's entry into force.
Notice to Concerned Agencies
- DFA must inform relevant agencies of the agreement's entry into force.
Determination of the Nature of Agreement
- DFA is responsible for determining whether an agreement is an executive agreement or a treaty.
Separability Clause
- Invalidity of any part of the Order does not affect the remaining provisions.
Repealing Clause
- Any inconsistent executive orders or similar issuances are repealed or modified accordingly.
Effectivity
- The Order takes effect immediately upon approval (November 25, 1997).