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 Regarding Investment Incentive Agreement Between The Government of the United States of America And The Government of the Republic Of Kenya
Executive Agreements Database, Statement Regarding Investment Incentive Agreement Between The Government of the United States of America And The Government of the Republic Of Kenya
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L.Goldsmith, 2020, "Executive Agreements Database, Statement Regarding Investment Incentive Agreement Between The Government of the United States of America And The Government of the Republic Of Kenya", https://doi.org/10.7910/DVN/VUD3C3, Harvard Dataverse, V1
TIAS 13008 First signed 12/03/1998 Last signed 12/03/1998 Entry into force (supplemented by last signed) 12/03/1998 C06535000 cover memo
Executive Agreements Database, Statement Regarding the Protocol with Azerbaijan Amending The Agreement Of September 28, 1999 Concerning Cooperation In The Area Of Counterproliferation Of Weapons Of Mass Destruction and Defense Activities Signed At Baku December 29, 2011 Entered Into Force May 2, 2012
Executive Agreements Database, Statement Regarding the Protocol with Azerbaijan Amending The Agreement Of September 28, 1999 Concerning Cooperation In The Area Of Counterproliferation Of Weapons Of Mass Destruction and Defense Activities Signed At Baku December 29, 2011 Entered Into Force May 2, 2012
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Regarding the Protocol with Azerbaijan Amending The Agreement Of September 28, 1999 Concerning Cooperation In The Area Of Counterproliferation Of Weapons Of Mass Destruction and Defense Activities Signed At Baku December 29, 2011 Entered Into Force May 2, 2012", https://doi.org/10.7910/DVN/FZKHVD, Harvard Dataverse, V1
KAV 9541 First signed 12/29/2011 Last signed 12/29/2011 Entry into force (supplemented by last signed) 05/24/2012 CAR 2012-0080 stamped 2012-0080 C06537488 cover memo
Executive Agreements Database, Statement Regarding the Agreement with Qatar Concerning Geospatial Information with Annexes Signed At Springfield April 3 and 10, 2013 Entered Into Force April 10, 2013
Executive Agreements Database, Statement Regarding the Agreement with Qatar Concerning Geospatial Information with Annexes Signed At Springfield April 3 and 10, 2013 Entered Into Force April 10, 2013
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Regarding the Agreement with Qatar Concerning Geospatial Information with Annexes Signed At Springfield April 3 and 10, 2013 Entered Into Force April 10, 2013", https://doi.org/10.7910/DVN/TQFPG0, Harvard Dataverse, V1
KAV 10042 First signed 04/03/2013 Last signed 04/10/2013 Entry into force (supplemented by last signed) 04/10/2013 stamped 2013-0097 C06540600 cover memo
Executive Agreements Database, Statement Regarding Agreement Between The United States and The Russian Federation Amending The Agreement Of July 30, 1992, As Amended, Concerning the Safe, Secure and Ecologically Sound Destruction Of Chemical Weapons. Signed At Washington and Moscow September 28 and October 6, 2005. Entered Into Force October 6, 2005.
Executive Agreements Database, Statement Regarding Agreement Between The United States and The Russian Federation Amending The Agreement Of July 30, 1992, As Amended, Concerning the Safe, Secure and Ecologically Sound Destruction Of Chemical Weapons. Signed At Washington and Moscow September 28 and October 6, 2005. Entered Into Force October 6, 2005.
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Regarding Agreement Between The United States and The Russian Federation Amending The Agreement Of July 30, 1992, As Amended, Concerning the Safe, Secure and Ecologically Sound Destruction Of Chemical Weapons. Signed At Washington and Moscow September 28 and October 6, 2005. Entered Into Force October 6, 2005.", https://doi.org/10.7910/DVN/SC4I8M, Harvard Dataverse, V1
KAV 7431 First signed 09/28/2005 Last signed 10/06/2005 Entry into force (supplemented by last signed) 10/06/2005 stamped 05-285 C06562132 cover memo
Executive Agreements Database, Statement Concerning the Agreement with Malaysia Concerning Employment On A Reciprocal Basis Of Dependents Of Official Government Employees Effected By Exchange Of Notes Act Kuala Lumpur April 23 And 24, 2014 Entered Into Force April 24, 2014
Executive Agreements Database, Statement Concerning the Agreement with Malaysia Concerning Employment On A Reciprocal Basis Of Dependents Of Official Government Employees Effected By Exchange Of Notes Act Kuala Lumpur April 23 And 24, 2014 Entered Into Force April 24, 2014
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Concerning the Agreement with Malaysia Concerning Employment On A Reciprocal Basis Of Dependents Of Official Government Employees Effected By Exchange Of Notes Act Kuala Lumpur April 23 And 24, 2014 Entered Into Force April 24, 2014", https://doi.org/10.7910/DVN/BDXEGD, Harvard Dataverse, V1
TIAS 14-424 First signed 04/24/2014 Last signed 04/24/2014 Entry into force (supplemented by last signed) 04/24/2014 stamped 2014-0065 C06541770 cover memo
Executive Agreements Database, Background Statement Concerning the Agreement Between The United States and Ecuador Continuing Air Transport Services In Accordance with The Terms of the Agreement Of September 26, 1986, As Amended Exchange Of Notes Act Quito May 20 and July 1, 1999
Executive Agreements Database, Background Statement Concerning the Agreement Between The United States and Ecuador Continuing Air Transport Services In Accordance with The Terms of the Agreement Of September 26, 1986, As Amended Exchange Of Notes Act Quito May 20 and July 1, 1999
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Background Statement Concerning the Agreement Between The United States and Ecuador Continuing Air Transport Services In Accordance with The Terms of the Agreement Of September 26, 1986, As Amended Exchange Of Notes Act Quito May 20 and July 1, 1999", https://doi.org/10.7910/DVN/2UDD03, Harvard Dataverse, V1
KAV 5516 First signed 05/20/1999 Last signed 07/01/1999 Entry into force (supplemented by last signed) 07/01/1999 stamped 99-101 C06535953 cover memo
Executive Agreements Database, Statement Regarding Acquisition and Cross-Servicing Agreement, with Annexes Between The United States and Austria Signed At Patch Barracks and Vienna Mar 15, 2000
Executive Agreements Database, Statement Regarding Acquisition and Cross-Servicing Agreement, with Annexes Between The United States and Austria Signed At Patch Barracks and Vienna Mar 15, 2000
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Regarding Acquisition and Cross-Servicing Agreement, with Annexes Between The United States and Austria Signed At Patch Barracks and Vienna Mar 15, 2000", https://doi.org/10.7910/DVN/ZFK9GB, Harvard Dataverse, V1
KAV 5702 First signed 03/15/2000 Last signed 03/15/2000 Entry into force (supplemented by last signed) 03/15/2000 stamped 00-51 C06537663 cover memo
Executive Agreements Database, Statement Concerning the Memorandum of Understanding with China on Scientific and Technical Cooperation in the Field of Environment, with Annexes. Signed At Beijing October 10, 2010. Entered into force October 10, 2010.
Executive Agreements Database, Statement Concerning the Memorandum of Understanding with China on Scientific and Technical Cooperation in the Field of Environment, with Annexes. Signed At Beijing October 10, 2010. Entered into force October 10, 2010.
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L.Goldsmith, 2020, "Executive Agreements Database, Statement Concerning the Memorandum of Understanding with China on Scientific and Technical Cooperation in the Field of Environment, with Annexes. Signed At Beijing October 10, 2010. Entered into force October 10, 2010.", https://doi.org/10.7910/DVN/X2ZGYR, Harvard Dataverse, V1
TIAS 10-1010 First signed 10/10/2010 Last signed 10/10/2010 Entry into force (supplemented by last signed) 10/10/2010 CAR 2010-0169 stamped 2010-0169 C06760628 cover memo
Executive Agreements Database, Statement Regarding Agreement Between The United States and Hungary For Scientific And Technological Cooperation Signed At Washington March 15, 2000
Executive Agreements Database, Statement Regarding Agreement Between The United States and Hungary For Scientific And Technological Cooperation Signed At Washington March 15, 2000
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Regarding Agreement Between The United States and Hungary For Scientific And Technological Cooperation Signed At Washington March 15, 2000", https://doi.org/10.7910/DVN/68EIN4, Harvard Dataverse, V1
TIAS 13085 First signed 03/15/2000 Last signed 03/15/2000 Entry into force (supplemented by last signed) 03/15/2000 C06537760 cover memo
Executive Agreements Database, Statement Regarding the Agreement Between The United States and Brazil Amending And Extending The Agreement Of September 15 And 19, 1988, Concerning Trade In Cotton, Wool And Man-made Fiber Textiles And Textile Products Effected By Exchange Of Notes Act Washington April 16 And 23, 1992
Executive Agreements Database, Statement Regarding the Agreement Between The United States and Brazil Amending And Extending The Agreement Of September 15 And 19, 1988, Concerning Trade In Cotton, Wool And Man-made Fiber Textiles And Textile Products Effected By Exchange Of Notes Act Washington April 16 And 23, 1992
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack Goldsmith, 2020, "Executive Agreements Database, Statement Regarding the Agreement Between The United States and Brazil Amending And Extending The Agreement Of September 15 And 19, 1988, Concerning Trade In Cotton, Wool And Man-made Fiber Textiles And Textile Products Effected By Exchange Of Notes Act Washington April 16 And 23, 1992", https://doi.org/10.7910/DVN/H76J9G, Harvard Dataverse, V1
KAV 3266 First signed 04/16/1992 Last signed 04/23/1992 Entry into force (last supplement signed) 04/16/1992 stamped 92-126 C06549192 cover memo
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