U.S. DOD Form dod-opnavinst-5710-24
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DEPARTMENT OF THE NAVY
Offke of-t!w Chief of Nwal Operations
Washington, D.C. 20350
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ad
of international agreements and promulgates ampil.
fying procedures and puliaes.
OPNAV INSTRUCTION 5710.24
To:
All ships �nd stations
Satbj:
hstwrsationd ~rementa
Navy pfOOdUfeS
Rcf:
(d DOD
(b)
(c)
(d)
(e)
e. Reference (c) prumuigaws references(a) and
(b) within the ikpanment of the NavY,redeiegates
approval authority to the Chief of Naval Operanons
and the Chief of Naval Research and promulgates
additional requirements and procedures.
~fQCtiW
5530.3 Of 3 NW 76
(NOTAL) (Immplomented by SECNAV.
I(UST571025)
DODINST 2050.1 of 6 Jut 77 (NOTAL)
(Impiwnented by SECNAVINST
5710.25)
SECNAVINST 5710.25 of 10 hg 77
OPNAVINST 551 O.48F of 24 Jan 77
of 8 Fob 77
OPNAVtNST =570.155
4. Oefhitions
�. TWOof the steps ieading to each mternauonal
agreement, “negotiation” and “conclusion”, are
defined m Section 111of reference (a): however,
Sections I. VI, VII and VIII thereof deai neither with
%egoliationw nor “conclusion””, per se. Rather. they
deal with the exercise of approvai authority associated
with each of these steps: that is. firsr appro$ing (or
authorizing) the mltsation of negotiations and. secrmd.
appro}ing the text of the proposed agreemen{ and
authorizing Its conchmon for the United States sde.
(NOTAL)
End:
(1) Guidwsca Concerning the Exorciso of
Approval Authefi~
(21 Approvei Authority Reserved by CNO
(3) Approvsl Authori~ Delegated by CNO
1. Purpasc. This instruction trndements references
(a). (b) and (c), amplifies definitions se! iorth in
reference (a), redeIegates authortt} to authorize the
initiation of negotiations and to authorize the con.
dsaion of international agreements. and promulgates
additional requirements. gurdan:e and procedures
applicable to orgmizauo~s under the C-ommandof the
Chef of Naval Operauons. referred IQhereafter as the
%aw’”.
(11 Approwl authority is defined as the author­
ity to grant or deny (with or without modifications
or guidance) requests for authorit} to negouate artd or
conclude irttern3tional agreements.
42) Thus. there are four steps leading to each
international agreement, of which the firsr and third
constitute the exerase of approni authorit:
[a) Authorizing the initiation of inter.
national negotiations cottsrsts of the exercise of ap.
prowl authority to enter snto negotiations or sause
negotiations to be entered into with an agent or
representative of a foreqn government or international
orgamzation. upon the compieuon of which it IS
~
anticipated that an international agreement ma} re.
suit .
2. Cencellmion. ?JAVOP 087/77 DTG 2723092
July 1977 IScanceled.
3, Applicability �nd Soope
�. The provisions of this instruction apply to ail
organizational elements of the ?Javy concerning ail
international negotiations and agreements within the
scope of references (a).(b) and (c), less those in the
field of intelligent= and cryptoiogic support, which
W be the subject of a separate instruction.
b. “Inaccordance with the provisions of refer.
ence (a). reference (b) redeiegates authority to approve
the negotiation and conclusion d specified categories
,’.
OPNAVINST 5710.24
08/S01199
28 April 1978
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(b) Conducting international negotiations
consists of Participation in negotiations pursuant 10
the authority cited in subparagraph 4a(3 (a). above.
k) Authorizing the corwluaion of m intef.
nwiond egreement consists of the exercise of author.
ity to approve the texl of a proposed agreement and
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0Pf4AViN~ 571044
28 mil 197S
either to conckde the agreement (as negotiated) for
the United States side or to direct such conciuaion.
by close control over the exercise of approval author.
ityand monitoring compliance with the prowaions
of references (a) through (c) and this instruction.
(dJ CondudiW M intemstiond
agmomsnt
consbts of the act of si@ng, initMtsg, responding,
or otherwise indicating the acceptance by the United
states side of an intemstiortd agreement (as negoti.
ated) pursuant to the authorization dud in sub.
paragraph 4a(2) (c), above.
k h8?dse ofApproval Al$thOti~
(1) Ilte proper exercise of approval authority
depends on the exercise of sound judgment, after
consideration of all factors bearing on a prospecthn
decision.
k Thedefinition of “international agreenrtw’”
satforth by Section MIA of reference (a) indrtdes the
provision that it signify hhe intention of the parties
to be bound in intemadond law.” Guidance con­
(s1 Extensiw coordination and other
staffing are required, in order to insure that the of­
ficer who exercisesapproimi authority has before
him all necessary information on which to base his
&cision.
cerning the rneanittg of this provision can bc found on
page 3 of the tit attachment to endouure (1) of
reference (a).
(b) Approval authority should not be
delegated to an echelon of commend, unless the level
ofjudgrnem norxnally exercised at that echelon is
commensurate with the delegated authority.
3. Rcapondbiiity
e. General. The projer discharge of responsibility
for international agreements wtthht theNavy depends
0ssa thorough understanding of the provisions Pf
references(a) through (c), this instruction, and a Ml
appredaaon for the intent of reference (a).
[2J Accordingly, a commander to whom ap.
provd authority is de[egated by enclosure (3) of
this irtstruction shalSexercise that authority himself
or, if he retklegates the approval authority, shall:
(11 Among the damaging mtsequences stem.
ming from faihtre to discharge properly responsibilities
for the exerciseof authority confered by references
(a) through (c) and this inswuction are undesirable
transfem of defense technology, unauthorhd dis.
closures of classified information, diplomatic com­
mitments contrary to US foreign policy, unbudgeted
@l commitments, violation of US laws or reguia.
tioim and the adverse impact of one negotiation or
agreement on another.
pa~ph
(a) Require that the factors dted in sub­
Sa(l ), above, be considered.
(b) Establish monitoring procedures,
which will insure a full review of concluded agree.
menu submitted by subordinates in accordance with
subparagraph 7f, below.
(31 Guidance concerning exercise of approval
authority is setforth in enckrsure ( 1).
{Z) Two of the stated purpuses of reference (a)
which con~rn the reduction of these judgment
rdated erron are proper submission of all conciuded
agreemenu in compliance with the Case Act (which
permits the Congress to review all concluded agree.
ntents) and increased centralization of control over
the exerase of approval authority for international
agreements (intended to improve the quality of inter.
national agreements concluded within the Department
of Defense).
G Monitoring Cornplianco. Itisthe responsibility
of each commander who redeiegates approval author.
ity pursuant to enclosure (3) of this instruction to
monitor compliance with the provisions of references
(a) through (c) and this instruction.
(1) The adequacy of implementing irtsmctions
issued by subordinates shall be assured.
(2I Evaluation of adherence to the provisions
of the cited directives shall be inciuded in adrnini.
strative inspections.
(31 l%e responsibility of the Chief of Naval
Operations for international agreements will be met
.
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OPNAVINST S71O.24
““2
BApril
197s
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(3) Concluded agreements auhttttted
pursuant
b. Delegation end Rodehgation of Approval Au.
to paragraph 7f, below, shall be reviewed by each
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echelon of command. Such review shall include con­
sideration of the guidance =t forth in enclosure(I),
(1)Except for the reservations ated m sub.
paragraph 6a, above, approval authority delegated to
d. Tlw DeprJty Chief of Neval O-OM
(Phs,
the Chief of Naval Operations is redelagated hereby to
Policy end Omrationa) {OP4B). in the Office of the
c orntnanders ist Chief of Fleets (FLTCINCS) and to
Chief of Naval Operations (OPNAV):
Oth@ subordinates as set forth in encioatsra (3) for
international agreementswhich are within the sub­
(1) Shall exerase owrall poli~ and manage.
categories detailed therein, with authority for redele­
mmt cent rol within the Navy over the implementation
gation as indicated and with authority for use of
of references (a), (b) and (c) and this instmction and
“~
procedures” , as appropriate, in accordmce
shall for the Chief of Naval Operations transmit or
with Section VII!,A(3) of reference(a).
coordinate all communications with any organizational’
element of the Department of Defense external to
(2) Such delegated and redekgated qproval
the Navy concerning delegation of appronl authority,
authority is limited to agreements pemining to the
procedural requirements, and any other matters re.
respective mponaibilities, under applicable direcdves
Iated thereto.
of the Navy or higher authority, of the OffiCidS to
whom it is delegated, and such officials shall be re.
(2} Shall, for the Secretary of the Navy, when
sponaible for compliance with the applicable pm
required pursuant to paragraph 4d( I) of reference (c),
visions of references (a), (b) and (c) and this in.
and for the Chief of Naval Operations, transmit or
Struction.
coordinate with the Offke of the Assiatmt Secretary
of Defense (International Security Affairs) and
W Notwithstanding such dekgated and redeie.
through that office with the Department of State all
gated approvelauthority, any proposal to initiate
communications prepared by organizational elements
international negotiations or conclude an international
of the Department of the Navy.
agreement which may have a si@icartt impact on
the programs and budget of the Navy shall be sub­
. . TIMDkector; Politico - MHi~ poti~ Division
mined to the Chief of Naval Operations for approvaI.
(OP.S1 j is designated the OPNAV Central Office of
Record. in compliance tith Section In of refer.
G ActirIQBy Direction and As Directed with
ence (a).
regard to the exercise of approval authority for in.
temational agremtmta.
f. The Oentral Repository maintained by the
Judge Advocate General pursuant to paragraph Ss(1 )
(1) Acdrtg b Direction. The standard practice,
of reference (c) sati~]es the requirement of the Chief
by which a staff officer acts “by direction**of or
for the head of an organizational element, does no~
of IUawtl Operations to maintain a central reposito~
for international agreements other than those in the
depend on redelegation of authority. On the other
field of intelligence and ctyptologic support.
hand, the decision of a cotttntander who exercises
approval authority may be reflected in either a
“6.Authority
message or a Iettef released or signed by a staff of­
fker “by direction”. It is the exercise of approval
S. Reservation of Approval Authority. With regard
authority by the commander with which this instruc.
to approval authority delegated to the Chief of NavaI
tion is concerned, and not the si@rtg of the docu=
mant reflecting the decision. Beause of the special
Operations, he reservessuch authority for international
si@fScartce of international agreements, particularly
agreements which are within the subategoties de.
stringent control over the exercise of approval au.
tailed k enclosure (2) and for aU other international
thority is required.Accordingly, exercise of approval
agreements not included in the ategories setforth
authotity on behalf of an o~lcer listed enclosure (3)
in enclosure (3).
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OPNAVINST 5710.24
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is restricted to his principal deputy and none
other.
detaikd therein, together with radeiegation authority
as indicated.
(~ A@@ aS Directad. @a Offkid IStSY aCt
directed” by and for another oflkial, to whom
dedaion authority concerning international agree­
ments has been ddegated. AISoffkial who acts “at
directed” (for example, a naval attache as directed by
the Chief of Naval Operations)
7. Proeadures
“as
& Procedures for Submission of Requem For Au.
thoriaation. Requests for authorization to initiate a
aXIC inter­
_
n%o~tion or to conclude
national agreement shail be submitted, with support.
ing justification, via the chain of command.
(a) Does so only as specifically dfrected
by an offkal to whom approvai authority has bed
deie~tad, and the !attet may not relinquish any re­
$Pon$iWv in the matter.
(b) Shall bean official of the United States
Govemment, but need not be in the tam chain of
command, nor even hr the same department or agency,
as the officiai for whom he acts. He”may be military
or avilian and of any appropriate seniority.
(1) SeendardProCdureA such requests which
are prepared for submission to officials of the Office
of the Secretary of Defense shall be in conformance
with the standard procedures setforth in Section
VIIA of reference (a).
(3! Summery Proeadurm.
Such rquests which
are submittedto the Chief of Naval Operations for
& Approvei Authority Summery. The priority
find approval need not be in conformance with the
order within the Naw for
delegations
and redele­
standard procedures set forth in Section WA of
of approval authority setforth
gations
inrefkrerrces.
re~erence (a), burmum,
asatttmhttum,
dehbethe
are summarized
(b)and (c) andthis
instruction
(a),
proposed agreements. cite the kgai authority for die
as follows:
agreements, and state their fimpact, if any.
[1) The exercise of approval authority in each
case is limited to matters within the competence of
the head of tht organizational element concerned.
b. MeesagoIdentifiadon. In oral:: to facilitate
message handling. aUmessages originated tithin the
I)epartment of the Navy which are addressed to the
Secretary of the Navy or the Chief of Naval Operations
and which concern rquests for authority to initiate
a specific negotiation and/or conciude a specific inter.
national agreement or rquests for coordination action
M contain the coda word “!?4TAG”on a separate
line between the ckasification Iine and the subject
lines at the beginning of the message text. Two ex.
ampies follow
(3I Approval authority which maybe exercised
consists
of that
by the chief ofNWaioperations
authority delegated by Section C of reference (b) to
the Secretary of the Navy and, thence, by reference (c)
to the Chief of Naval Operations, subject to the ex.
dusions set forth in section M of reference (b).
(3) Within the I.brdtsof authority &kgated
to the Chief of Naval Operations, he nserves approval
authority for ail subcawgorfes of agreements set forth
its enclosure (2) and for ail other international agree.
ments not fncluded in tie categories set forth in en­
closure (3).
U&!!rLE
UNCLAS /fNo23 14//
WAG
IIWERNATIONA.L AGREEMENT WITH ITALY
CONCERNINGAIRSPACE
2713402
JUN77
[4) The Chief of Naval Operations delegates
approval authority for subcategories of international
agreementsspeafied in enclosure (3) to subordinates ­
A. N.4VCOMMSTAST&y
NOT.M.
1. REFAADVISED
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