Agency-to-Agency Arrangement

• What is an agency-to-agency arrangement?

  Treaties are concluded between states or international organizations, but some international arrangements are concluded between particular ministries or other government agencies. Such an agreement is an 'agency-to-agency arrangement', also known as a Memorandum of Understanding (MOU). A government agency may conclude an agency-to-agency arrangement, within the competence of the agency and in accordance with the national legislation, with its counterpart in the other country.

• How an agency-to-agency arrangement is concluded

  An agency-to-agency arrangement is concluded according to the following procedures. First, the agency needs to evaluate the necessity and appropriateness of the arrangement, by consulting with the relevant bureau of the Ministry of Foreign Affairs. Second, the agency negotiates with the corresponding agency of the other state, and draw up a draft text. The agency may request the Ministry of Foreign Affairs to review the draft text. Finally, the heads of the two agencies, or other high-ranking officials of the agencies designated by the heads of the agencies, sign the agreed texts.

• Signatory of an agency-to-agency arrangement

  The signatory of an agency-to-agency arrangement is the head of the agency. In case the head cannot sign an arrangement, another high-ranking officer of the agency, authorized by the head, may sign the arrangement.

  It is not appropriate for an Ambassador Extraordinary and Plenipotentiary to sign an arrangement on behalf of an agency, as an ambassador is a diplomat, representing a state, and not a particular agency.

• Review by the Ministry of Foreign Affairs upon Request

  It is desirable for government agencies to request the relevant bureau of the Ministry of Foreign Affairs to review an agency-to-agency arrangement before its signature.

  This is because an agency may inadvertently conclude an arrangement dealing with matters out of its competence, which could cause problems with other states as well as with other agencies in its own state. Therefore, by cooperating with the agency which concludes the arrangement and participating in the process of concluding arrangement, the International Legal Affairs Bureau endeavors to maintain the consistency of foreign relations and prevent any problems from arising.

• Guideline for Drafting

  Agency-to-agency arrangements shall not include provisions which generate legal rights and obligations for states. Also, the arrangements shall not deal with matters that fall within the competence of other agencies. An arrangement should only deal with matters which fall within the competence of the agency which concludes it.

  It is desirable to insert the following sentence in order to clarify the character of the agency-to-agency arrangement: "All the activities under this arrangement will be subject to the availability of appropriated funds and personnel and to the laws and regulations of the respective countries."