The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis was published in the December 2020 issue of the Harvard Law Review. It analyzes data gleaned from 5,689 non-public cover memos that the Executive Branch included when it reported executive agreements to Congress, as required by law, from January 1989 to January 2017. Those cover memos, obtained under a negotiated settlement with the U.S. State Department, offer a window into the executive agreements reported to Congress. They also make it possible to compare those agreements reported to Congress with those made available to the public. The Article uses this data to evaluate the effectiveness of the transparency regime for executive agreements. Here, the Harvard Law Review and the Article’s authors collaborated with the Harvard Law School Library to make the underlying data, as well as the cover memos, available to readers.
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Executive Agreements Database, Statement Concerning the Agreement with The Netherlands Amending The Agreement Of May 14, 1998 Concerning Exchange Of Technical Research And Development Information Signed At Arlington And The Hague December 7, 2012 And February 5, 2013 Entered Into Force February 5, 2013
Executive Agreements Database, Statement Concerning the Agreement with The Netherlands Amending The Agreement Of May 14, 1998 Concerning Exchange Of Technical Research And Development Information Signed At Arlington And The Hague December 7, 2012 And February 5, 2013 Entered Into Force February 5, 2013
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Concerning the Agreement with The Netherlands Amending The Agreement Of May 14, 1998 Concerning Exchange Of Technical Research And Development Information Signed At Arlington And The Hague December 7, 2012 And February 5, 2013 Entered Into Force February 5, 2013", https://doi.org/10.7910/DVN/MZOE0J, Harvard Dataverse, V1
TIAS 13-205 cover memo
Executive Agreements Database, Statement Regarding Basic Exchange and Cooperative Agreement Between The United States and Moldova Concerning Global Geospatial Information and Services Cooperation, with Annexes Signed At Brussels June 24, 2002 Entered Into Force February 3, 2003
Executive Agreements Database, Statement Regarding Basic Exchange and Cooperative Agreement Between The United States and Moldova Concerning Global Geospatial Information and Services Cooperation, with Annexes Signed At Brussels June 24, 2002 Entered Into Force February 3, 2003
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding Basic Exchange and Cooperative Agreement Between The United States and Moldova Concerning Global Geospatial Information and Services Cooperation, with Annexes Signed At Brussels June 24, 2002 Entered Into Force February 3, 2003", https://doi.org/10.7910/DVN/RUW8DL, Harvard Dataverse, V1
KAV 6126 cover memo
Executive Agreements Database, Statement Regarding the Agreement Between The United States and Russia Amending The Agreement Of April 3, 1995 concerning Cooperation In Nuclear Weapons Storage Security through Provision Of Material, Services, and Related training As Amended Signed At Washington and Moscow Aug 9 and Nov 1, 1999 entered Into Force November 1, 1999
Executive Agreements Database, Statement Regarding the Agreement Between The United States and Russia Amending The Agreement Of April 3, 1995 concerning Cooperation In Nuclear Weapons Storage Security through Provision Of Material, Services, and Related training As Amended Signed At Washington and Moscow Aug 9 and Nov 1, 1999 entered Into Force November 1, 1999
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding the Agreement Between The United States and Russia Amending The Agreement Of April 3, 1995 concerning Cooperation In Nuclear Weapons Storage Security through Provision Of Material, Services, and Related training As Amended Signed At Washington and Moscow Aug 9 and Nov 1, 1999 entered Into Force November 1, 1999", https://doi.org/10.7910/DVN/NLBVV9, Harvard Dataverse, V1
KAV 6012 cover memo
Executive Agreements Database, Statement Concerning the Agreement with Russia On Tariff Treatment Of Certain Combine Harvester-Threshers and Self-Propelled Forage Harvesters Effected By Exchange Of Letters Act Washington and Hanoi November 19, 2006 Entered Into Force November 19, 2006
Executive Agreements Database, Statement Concerning the Agreement with Russia On Tariff Treatment Of Certain Combine Harvester-Threshers and Self-Propelled Forage Harvesters Effected By Exchange Of Letters Act Washington and Hanoi November 19, 2006 Entered Into Force November 19, 2006
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Concerning the Agreement with Russia On Tariff Treatment Of Certain Combine Harvester-Threshers and Self-Propelled Forage Harvesters Effected By Exchange Of Letters Act Washington and Hanoi November 19, 2006 Entered Into Force November 19, 2006", https://doi.org/10.7910/DVN/8JEPXV, Harvard Dataverse, V1
KAV 7972 cover memo
Executive Agreements Database, Statement Concerning the Agreement with the World Food Program To Provide Support for and Emergency Food Security Program in Afghanistan. Signed September 30, 2011. Entered into Force September 30, 2011.
Executive Agreements Database, Statement Concerning the Agreement with the World Food Program To Provide Support for and Emergency Food Security Program in Afghanistan. Signed September 30, 2011. Entered into Force September 30, 2011.
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Concerning the Agreement with the World Food Program To Provide Support for and Emergency Food Security Program in Afghanistan. Signed September 30, 2011. Entered into Force September 30, 2011.", https://doi.org/10.7910/DVN/KTWAZX, Harvard Dataverse, V1
KAV 9519 cover memo
Executive Agreements Database, Statement Concerning the Agreement with Russia Amending the Agreement of August 26, 1993, as Amended and Extended, Concerning Cooperation In The Elimination of Strategic Offensive Arms. Signed At Moscow and Washington August 12 and September 5, 2006. Entered into force September 5, 2006, with Effect from June 17, 2006.
Executive Agreements Database, Statement Concerning the Agreement with Russia Amending the Agreement of August 26, 1993, as Amended and Extended, Concerning Cooperation In The Elimination of Strategic Offensive Arms. Signed At Moscow and Washington August 12 and September 5, 2006. Entered into force September 5, 2006, with Effect from June 17, 2006.
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Concerning the Agreement with Russia Amending the Agreement of August 26, 1993, as Amended and Extended, Concerning Cooperation In The Elimination of Strategic Offensive Arms. Signed At Moscow and Washington August 12 and September 5, 2006. Entered into force September 5, 2006, with Effect from June 17, 2006.", https://doi.org/10.7910/DVN/7MHH78, Harvard Dataverse, V1
KAV 7743 cover memo
Executive Agreements Database, Statement Regarding the Memorandum of Understanding On Cooperation In Fundamental Aeronautical Sciences Between The National Aeronautics and Space Administration of the United States of America and The State Committee For The Defense Branches Of Industry of the Russian Federation Signed At Moscow December 16, 1993
Executive Agreements Database, Statement Regarding the Memorandum of Understanding On Cooperation In Fundamental Aeronautical Sciences Between The National Aeronautics and Space Administration of the United States of America and The State Committee For The Defense Branches Of Industry of the Russian Federation Signed At Moscow December 16, 1993
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding the Memorandum of Understanding On Cooperation In Fundamental Aeronautical Sciences Between The National Aeronautics and Space Administration of the United States of America and The State Committee For The Defense Branches Of Industry of the Russian Federation Signed At Moscow December 16, 1993", https://doi.org/10.7910/DVN/KTOKSL, Harvard Dataverse, V1
KAV 3741 cover memo
Executive Agreements Database, Statement Concerning the Agreement with Russia Extending The Agreement Of June 17, 1992 On Cooperation In The Exploration and Use Of Outer Space For Peaceful Purposes Effected By Exchange Of Notes Act Moscow June 13 and 16, 1997 Entered Into Force June 16, 1997
Executive Agreements Database, Statement Concerning the Agreement with Russia Extending The Agreement Of June 17, 1992 On Cooperation In The Exploration and Use Of Outer Space For Peaceful Purposes Effected By Exchange Of Notes Act Moscow June 13 and 16, 1997 Entered Into Force June 16, 1997
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Concerning the Agreement with Russia Extending The Agreement Of June 17, 1992 On Cooperation In The Exploration and Use Of Outer Space For Peaceful Purposes Effected By Exchange Of Notes Act Moscow June 13 and 16, 1997 Entered Into Force June 16, 1997", https://doi.org/10.7910/DVN/9DI82E, Harvard Dataverse, V1
KAV 9552 cover memo
Executive Agreements Database, Statement Regarding Arrangement Between The United States and The Russian Federation For Access To Russian Federation Facilities By United States Representatives To Conduct Work Pursuant to the Agreement Concerning Cooperation In The Elimination Of Strategic Offensive Arms. Signed At Moscow November 20, 2003. Entered Into Force November 20, 2003, with Effect From October 8, 2003.
Executive Agreements Database, Statement Regarding Arrangement Between The United States and The Russian Federation For Access To Russian Federation Facilities By United States Representatives To Conduct Work Pursuant to the Agreement Concerning Cooperation In The Elimination Of Strategic Offensive Arms. Signed At Moscow November 20, 2003. Entered Into Force November 20, 2003, with Effect From October 8, 2003.
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding Arrangement Between The United States and The Russian Federation For Access To Russian Federation Facilities By United States Representatives To Conduct Work Pursuant to the Agreement Concerning Cooperation In The Elimination Of Strategic Offensive Arms. Signed At Moscow November 20, 2003. Entered Into Force November 20, 2003, with Effect From October 8, 2003.", https://doi.org/10.7910/DVN/U6ZJMG, Harvard Dataverse, V1
KAV 7274 cover memo
Executive Agreements Database, Statement Regarding Agreement Between The United States and Mozambique Regarding Grants Under The Foreign Assistance Act of 1961, As Amended, and The Furnishing Of Defense Articles, Related Training and Other Defense Services From The United States To Mozambique Effected By Exchange Of Notes Act Maputo March 30 and May 13, 1994
Executive Agreements Database, Statement Regarding Agreement Between The United States and Mozambique Regarding Grants Under The Foreign Assistance Act of 1961, As Amended, and The Furnishing Of Defense Articles, Related Training and Other Defense Services From The United States To Mozambique Effected By Exchange Of Notes Act Maputo March 30 and May 13, 1994
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding Agreement Between The United States and Mozambique Regarding Grants Under The Foreign Assistance Act of 1961, As Amended, and The Furnishing Of Defense Articles, Related Training and Other Defense Services From The United States To Mozambique Effected By Exchange Of Notes Act Maputo March 30 and May 13, 1994", https://doi.org/10.7910/DVN/16AGJK, Harvard Dataverse, V1
KAV 3869 cover memo
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