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 :(B) has not been published, or is not proposed to be published, in the compilation entitled "United States Treaties and Other International Agreements".

(2) The report described in paragraph (1) may be submitted in classified form.

(e)(1) Subject to paragraph (2), the Secretary of State shall determine for and within the executive branch whether an arrangement constitutes an international agreement within the meaning of this section.

(2)(A) An arrangement shall constitute an international agreement within the meaning of this section (other than subsection (c)) irrespective of the duration of activities under the arrangement or the arrangement itself.

(B) Arrangements that constitute an international agreement within the meaning of this section (other than subsection (c)) include the following:
 * (i) A bilateral or multilateral counterterrorism agreement.
 * (ii) A bilateral agreement with a country that is subject to a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)),1 section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)).

(f) The President shall, through the Secretary of State, promulgate such rules and regulations as may be necessary to carry out this section.

(Added Pub. L. 92–403, §1, Aug. 22, 1972, 86 Stat. 619; amended Pub. L. 95–45, §5, June 15, 1977, 91 Stat. 224; Pub. L. 95–426, title VII, §708, Oct. 7, 1978, 92 Stat. 993; Pub. L. 103–437, §1, Nov. 2, 1994, 108 Stat. 4581; Pub. L. 108–458, title VII, §7121(b)–(d), Dec. 17, 2004, 118 Stat. 3807, 3808.)

Section 6(j)(1)(A) of the Export Administration Act of 1979, referred to in subsec. (e)(2)(B)(ii), was classified to section 2405(j)(1)(A) of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as section 4605(j)(1)(A) of Title 50.


 * 2020—SubSec. (g). Pub. L. 116-260 added subsec. (g).
 * 2004—Subsec. (a). Pub. L. 108–458, §7121(b), substituted "Committee on International Relations" for "Committee on Foreign Affairs".
 * Subsec. (d). Pub. L. 108–458, §7121(c), added subsec. (d). Former subsec. (d) redesignated (e).
 * Subsec. (e). Pub. L. 108–458, §7121(d), designated existing provisions as par. (1), substituted "Subject to paragraph (2), the Secretary of State" for "The Secretary of State", and added par. (2).
 * Pub. L. 108–458, §7121(c)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 108–458, §7121(c)(1), redesignated subsec. (e) as (f).
 * 1994—Subsec. (a). Pub. L. 103–437 substituted "Committee on Foreign Affairs" for "Committee on International Relations".
 * 1978—Pub. L. 95–426 designated existing provisions as subsec. (a), inserted "(including the text of any oral international agreement, which agreement shall be reduced to writing)", and added subsecs. (b) to (e).
 * 1977—Pub. L. 95–45 substituted "Committee on International Relations of the House of Representatives" for "Committee on Foreign Affairs of the House of Representatives" and inserted requirement that any department or agency of the United States Government which enters into any international agreement on behalf of the United States transmit to the Department of State the text of such agreement not later than twenty days after the agreement has been signed.