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Executive Agreement Key Points

An executive agreement[1] is an agreement between the heads of government of two or more nations that has not been ratified by the legislature when treaties are ratified. Executive agreements are considered politically binding in order to distinguish them from legally binding treaties. As specified in 11 FAM 721.2, there are two procedures under national law by which the United States becomes a party to an international agreement. First, international agreements (whatever their title, name or form) whose entry into force with respect to the United States occurs only after two-thirds of the United States. . . .