§ 112a. — United States Treaties and Other International Agreements; contents; admissibility in evidence.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 1USC112a]
TITLE 1--GENERAL PROVISIONS
CHAPTER 2--ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS;
SEALING OF INSTRUMENTS
Sec. 112a. United States Treaties and Other International
Agreements; contents; admissibility in evidence
(a) The Secretary of State shall cause to be compiled, edited,
indexed, and published, beginning as of January 1, 1950, a compilation
entitled ``United States Treaties and Other International Agreements,''
which shall contain all treaties to which the United States is a party
that have been proclaimed during each calendar year, and all
international agreements other than treaties to which the United States
is a party that have been signed, proclaimed, or with reference to which
any other final formality has been executed, during each calendar year.
The said United States Treaties and Other International Agreements shall
be legal evidence of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
agreements, therein contained, in all the courts of the United States,
the several States, and the Territories and insular possessions of the
United States.
(b) The Secretary of State may determine that publication of certain
categories of agreements is not required, if the following criteria are
met:
(1) such agreements are not treaties which have been brought
into force for the United States after having received Senate advice
and consent pursuant to section 2(2) of Article II of the
Constitution of the United States;
(2) the public interest in such agreements is insufficient to
justify their publication, because (A) as of the date of enactment
of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995, the agreements are no longer in force,\1\ (B) the agreements
do not create private rights or duties, or establish standards
intended to govern government action in the treatment of private
individuals; (C) in view of the limited or specialized nature of the
public interest in such agreements, such interest can adequately be
satisfied by an alternative means; or (D) the public disclosure of
the text of the agreement would, in the opinion of the President, be
prejudicial to the national security of the United States; and
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\1\ So in original. The comma probably should be a semicolon.
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(3) copies of such agreements (other than those in paragraph
(2)(D)), including certified copies where necessary for litigation
or similar purposes, will be made available by the Department of
State upon request.
(c) Any determination pursuant to subsection (b) shall be published
in the Federal Register.
(Added Sept. 23, 1950, ch. 1001, Sec. 2, 64 Stat. 980; amended Pub. L.
103-236, title I, Sec. 138, Apr. 30, 1994, 108 Stat. 397.)
References in Text
The date of enactment of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, referred to in subsec. (b)(2)(A), is the
date of enactment of Pub. L. 103-236, which was approved Apr. 30, 1994.
Amendments
1994--Pub. L. 103-236 designated existing provisions as subsec. (a)
and added subsecs. (b) and (c).
Effect of Repeal of Section 73 of Act Jan. 12, 1895
This section and section 112 of this title as not affected by the
repeal of section 73 of act Jan. 12, 1895, ch. 23, 28 Stat. 615, which
related to the same subject matter, see section 56(i) of act Oct. 31,
1951, ch. 655, 65 Stat. 729.
Written Requests for Documents
Copies of United States Treaties and Other International Agreements
not available to Senators or Representatives unless specifically
requested by them, in writing, see Pub. L. 94-59, title VIII, Sec. 801,
July 25, 1975, 89 Stat. 296, set out as a note under section 1317 of
Title 44, Public Printing and Documents.
