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 Agreement Between The United States of America and The Government of the Mongolian People's Republic Relating To United States Government Investment Insurance, Reinsurance, and Guarantees Signed At New York September 29, 1990 Entered Into Force January 4, 1991
Executive Agreements Database, Statement Regarding Agreement Between The United States of America and The Government of the Mongolian People's Republic Relating To United States Government Investment Insurance, Reinsurance, and Guarantees Signed At New York September 29, 1990 Entered Into Force January 4, 1991
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack Goldsmith, 2020, "Executive Agreements Database, Statement Regarding Agreement Between The United States of America and The Government of the Mongolian People's Republic Relating To United States Government Investment Insurance, Reinsurance, and Guarantees Signed At New York September 29, 1990 Entered Into Force January 4, 1991", https://doi.org/10.7910/DVN/ZJPERF, Harvard Dataverse, V1
TIAS 11478 First signed 09/29/1990 Last signed 09/29/1989 Entry into force (supplemented by last signed) 01/04/1991 C06545461 cover memo
Executive Agreements Database, Statement Concerning the Memorandum Of Agreement with Qatar For Assistance In Developing and Modernizing The Civil Aviation Infrastructure Of Qatar. Signed May 10 and August 5, 2004. Entered into Force August 5, 2004.
Executive Agreements Database, Statement Concerning the Memorandum Of Agreement with Qatar For Assistance In Developing and Modernizing The Civil Aviation Infrastructure Of Qatar. Signed May 10 and August 5, 2004. Entered into Force August 5, 2004.
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Concerning the Memorandum Of Agreement with Qatar For Assistance In Developing and Modernizing The Civil Aviation Infrastructure Of Qatar. Signed May 10 and August 5, 2004. Entered into Force August 5, 2004.", https://doi.org/10.7910/DVN/UDFTU1, Harvard Dataverse, V1
KAV 9123 First signed 05/10/2004 Last signed 08/05/2004 Entry into force (supplemented by last signed) 08/05/2004 CAR 2011-0031 stamped 2011-0031 C06546987 cover memo
Executive Agreements Database, Statement Regarding Agreement with Japan Of March 24, 1989 Concerning and Additional Program For The Acquisition and Production In Japan of the P-3c Weapon System and Related Equipment and Materials. Effected By Exchange Of Notes Act Tokyo March 24, 1989
Executive Agreements Database, Statement Regarding Agreement with Japan Of March 24, 1989 Concerning and Additional Program For The Acquisition and Production In Japan of the P-3c Weapon System and Related Equipment and Materials. Effected By Exchange Of Notes Act Tokyo March 24, 1989
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Regarding Agreement with Japan Of March 24, 1989 Concerning and Additional Program For The Acquisition and Production In Japan of the P-3c Weapon System and Related Equipment and Materials. Effected By Exchange Of Notes Act Tokyo March 24, 1989", https://doi.org/10.7910/DVN/3ZQV4Y, Harvard Dataverse, V1
TIAS 12017 First signed 03/24/1989 Last signed 03/24/1989 Entry into force (supplemented by last signed) 03/24/1989 stamped 89-120 C06544747 cover memo
Executive Agreements Database, Statement Concerning the Agreement with Guatemala Amending And Extending The Memorandum of Understanding Of September 29, 1997 Concerning the Imposition Of Import Restrictions On Archaeological Objects And Materials From The Pre-columbian Cultures Of Guatemala, As Extended Effected By Exchange Of Notes Act Guatemala August 23 And 24, 2007 Entered Into Force August 24, 2007; Effective September 29, 2007
Executive Agreements Database, Statement Concerning the Agreement with Guatemala Amending And Extending The Memorandum of Understanding Of September 29, 1997 Concerning the Imposition Of Import Restrictions On Archaeological Objects And Materials From The Pre-columbian Cultures Of Guatemala, As Extended Effected By Exchange Of Notes Act Guatemala August 23 And 24, 2007 Entered Into Force August 24, 2007; Effective September 29, 2007
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Concerning the Agreement with Guatemala Amending And Extending The Memorandum of Understanding Of September 29, 1997 Concerning the Imposition Of Import Restrictions On Archaeological Objects And Materials From The Pre-columbian Cultures Of Guatemala, As Extended Effected By Exchange Of Notes Act Guatemala August 23 And 24, 2007 Entered Into Force August 24, 2007; Effective September 29, 2007", https://doi.org/10.7910/DVN/MWPQ3G, Harvard Dataverse, V1
TIAS 97-929 First signed 08/23/2007 Last signed 08/24/2007 Entry into force (supplemented by last signed) 08/24/2007 CAR 2008-105 Stamped 08-105 C06572666 cover memo
Executive Agreements Database, Statement Regarding the Memorandum of Understanding Between The U.S. Geological Survey of the Department of the Interior of the United States of America And Can Tho University of the Ministry Of Education And Training of the Socialist Republic Of Vietnam Concerning Scientific And Technical Cooperation In The Earth Sciences Signed November 10, 2014 And December 30, 2014 Entered Into Force December 30, 2014
Executive Agreements Database, Statement Regarding the Memorandum of Understanding Between The U.S. Geological Survey of the Department of the Interior of the United States of America And Can Tho University of the Ministry Of Education And Training of the Socialist Republic Of Vietnam Concerning Scientific And Technical Cooperation In The Earth Sciences Signed November 10, 2014 And December 30, 2014 Entered Into Force December 30, 2014
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Regarding the Memorandum of Understanding Between The U.S. Geological Survey of the Department of the Interior of the United States of America And Can Tho University of the Ministry Of Education And Training of the Socialist Republic Of Vietnam Concerning Scientific And Technical Cooperation In The Earth Sciences Signed November 10, 2014 And December 30, 2014 Entered Into Force December 30, 2014", https://doi.org/10.7910/DVN/BISZHU, Harvard Dataverse, V1
TIAS 14-1230 First signed 11/10/2014 Last signed 12/30/2014 Entry into force (supplemented by last signed) 12/30/2014 stamped 2015-0023 C06543022 cover memo
Executive Agreements Database, Statement Concerning the Agreement with Morocco On Science and Technology Cooperation, with Annexes Signed At Rabat November 14, 2006 Entered Into Force February 8, 2012
Executive Agreements Database, Statement Concerning the Agreement with Morocco On Science and Technology Cooperation, with Annexes Signed At Rabat November 14, 2006 Entered Into Force February 8, 2012
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack Goldsmith, 2020, "Executive Agreements Database, Statement Concerning the Agreement with Morocco On Science and Technology Cooperation, with Annexes Signed At Rabat November 14, 2006 Entered Into Force February 8, 2012", https://doi.org/10.7910/DVN/KEEBRM, Harvard Dataverse, V1
TIAS 12-208 First signed 11/14/2006 Last signed 11/14/2006 Entry into force (supplemented by last signed) 02/08/2012 CAR 2012-0027 stamped 2012-0027 C06537294 cover memo
Executive Agreements Database, Statement Regarding Memorandum of Understanding Between The United States and Dominica For The Establishment Within The Territory Of Dominica Of Facilities To Provide Temporary Protection Under The Auspices of the United Nations High Commissioner For Refugees Of Nationals Of Haiti Fleeing Their Country, with Related Letter Signed At Dominica July 10, 1994
Executive Agreements Database, Statement Regarding Memorandum of Understanding Between The United States and Dominica For The Establishment Within The Territory Of Dominica Of Facilities To Provide Temporary Protection Under The Auspices of the United Nations High Commissioner For Refugees Of Nationals Of Haiti Fleeing Their Country, with Related Letter Signed At Dominica July 10, 1994
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Regarding Memorandum of Understanding Between The United States and Dominica For The Establishment Within The Territory Of Dominica Of Facilities To Provide Temporary Protection Under The Auspices of the United Nations High Commissioner For Refugees Of Nationals Of Haiti Fleeing Their Country, with Related Letter Signed At Dominica July 10, 1994", https://doi.org/10.7910/DVN/FMS8GQ, Harvard Dataverse, V1
KAV 3945 First signed 07/10/1994 Last signed 07/10/1994 Entry into force (supplemented by last signed) 07/10/1994 stamped 94-185 C06535015 cover memo
Executive Agreements Database, Statement Regarding Annex D to the Memorandum of Understanding Of Une 17, 2002 Between The Defense Information Systems Agency of The United States and The Defence Communications Services Agency of the United Kingdom Concerning the Exchange and Interconnection Of Defense Information System Network and Defence Fixed Telecommunications Services, with Attachment. Signed At Arlington November 17, 2005. Entered Into Force November 17, 2005.
Executive Agreements Database, Statement Regarding Annex D to the Memorandum of Understanding Of Une 17, 2002 Between The Defense Information Systems Agency of The United States and The Defence Communications Services Agency of the United Kingdom Concerning the Exchange and Interconnection Of Defense Information System Network and Defence Fixed Telecommunications Services, with Attachment. Signed At Arlington November 17, 2005. Entered Into Force November 17, 2005.
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Regarding Annex D to the Memorandum of Understanding Of Une 17, 2002 Between The Defense Information Systems Agency of The United States and The Defence Communications Services Agency of the United Kingdom Concerning the Exchange and Interconnection Of Defense Information System Network and Defence Fixed Telecommunications Services, with Attachment. Signed At Arlington November 17, 2005. Entered Into Force November 17, 2005.", https://doi.org/10.7910/DVN/4BUBK7, Harvard Dataverse, V1
KAV 7467 First signed 11/17/2005 Last signed 11/17/2005 Entry into force (supplemented by last signed) 11/17/2005 stamped 05-315 C06563731 cover memo
Executive Agreements Database, Statement Regarding Amendment No 1 to the Loan Agreement Of Three Single Channel Ground and Airborne Radio System (SINCGARS) Sincgars Improvement Program (SIP) Radios Between The United States and The Federal Republic Of Germany Signed At Washington and Koblenz April 12, 2001 Entered Into Force On April 12, 2001
Executive Agreements Database, Statement Regarding Amendment No 1 to the Loan Agreement Of Three Single Channel Ground and Airborne Radio System (SINCGARS) Sincgars Improvement Program (SIP) Radios Between The United States and The Federal Republic Of Germany Signed At Washington and Koblenz April 12, 2001 Entered Into Force On April 12, 2001
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Regarding Amendment No 1 to the Loan Agreement Of Three Single Channel Ground and Airborne Radio System (SINCGARS) Sincgars Improvement Program (SIP) Radios Between The United States and The Federal Republic Of Germany Signed At Washington and Koblenz April 12, 2001 Entered Into Force On April 12, 2001", https://doi.org/10.7910/DVN/V2TJMG, Harvard Dataverse, V1
KAV 6795 First signed 04/12/2001 Last signed 04/12/2001 Entry into force (supplemented by last signed) 04/12/2001 stamped 04-497 C06542965 cover memo
Executive Agreements Database, Statement Concerning the Air Transport Agreement with Trinidad and Tobago Signed At Port Of Spain May 22, 2010 Entered Into Force November 1, 2010
Executive Agreements Database, Statement Concerning the Air Transport Agreement with Trinidad and Tobago Signed At Port Of Spain May 22, 2010 Entered Into Force November 1, 2010
Nov 15, 2020
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2020, "Executive Agreements Database, Statement Concerning the Air Transport Agreement with Trinidad and Tobago Signed At Port Of Spain May 22, 2010 Entered Into Force November 1, 2010", https://doi.org/10.7910/DVN/RXLTQD, Harvard Dataverse, V1
TIAS 10-1101 First signed 05/22/2010 Last signed 05/22/2010 Entry into force (supplemented by last signed) 11/01/2010 CAR 2010-0174 stamped 2010-0174 C06543228 cover memo
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