The Trump administration’s draft of the executive order declares a moratorium on new multilateral treaties.
Executive Order?Moratorium on New Treaties
Moratorium on New Multilateral Treaties
In recent decades, there has been a proliferation of multilateral treaties that purport to regulate
activities that are domestic in nature. For example, the UN. Convention on the Elimination of
All Forms of Discrimination Against Women is an international treaty that,
according to the international committee of?cially charged with interpreting it, would, among
other things, prohibit the celebration of Mother?s Day and require the decriminalization of
prostitution. Likewise, the UN. Convention on the Rights of the Child has been interpreted to
prohibit spanking. Whether one agrees or disagrees with these outcomes as a substantive policy
matter, these are not appropriate matters for international treaties. To the contrary, these types of
treaties are emblematic of a larger problem, whereby these treaties are used to force countries to
adhere to often radical domestic agendas that could not, themselves, otherwise be enacted in
accordance with a country?s domestic laws.
The purpose of the accompanying executive order is to prevent the making of any new treaties?
other than treaties that are clearly appropriate matters of international concern, such as treaties
implicating national security, extradition, and international trade?until a hi gh-level executive
branch committee has had an opportunity to review and assess the treaty. It thus (1) creates a
Committee to conduct this assessment, and (2) imposes a moratorium on new treaties (other than
those involving national security, extradition, and international trade) except upon the
Committee?s review and recommendation.
Executive Order?Moratorium on New Treaties
MORATORIUM ON NEW MULTILATERAL TREATIES
By the authority vested in me as President by the Constitution and the laws of the United States of
America, including Article 11, section 2, clause 2 of the US. Constitution, it is hereby ordered as
Section 1. Establishment of Treaty Review Committee. There is hereby established a Treaty
Review Committee (Committee), consisting of the Secretary of State, Secretary of Defense,
Attorney General, Director of the Of?ce of Management and Budget, Director of National
Intelligence, Assistant to the President for National Security Affairs, the, and the Counsel to the
President, or their respective designees.
Sec. 2. Duties and Functions Qf'Committee. The Committee shall undertake the following
duties and functions:
Review all multilateral treaties in which the United States is currently engaged in
negotiations, and recommend to the President whether and to what extent the United States
should continue to participate in such negotiations;
(ii) Review all multilateral treaties that have been negotiated and are awaiting the
President?s signature and recommend to the President whether he should sign any such
treaty, and, if so, what reservations, understandings, and declarations would be warranted;
Review all multilateral treaties that have been rati?ed and are currently in effect, and
recommend to the President whether the United States should continue to be a party to such
For the purposes of this order, a ?multilateral treaty? subject to review under section 2(a) of
this order shall mean all international agreements between the United States and two or more
countries, whether embodied in a single instrument or two or more instruments, including those
made with the advice and consent of the Senate, provided that a ?multilateral treaty? shall not
include any agreement or proposed agreement directly related to national security, extradition, or
Nothing herein shall affect the Attorney General?s authority to review treaties under section
of Executive Order [the Federalism executive order].
See. 3. Moratorium. No new multilateral treaty shall be submitted to the President for signature
or to the Senate for advice and consent, except those recommended pursuant to subsection
2(a)(ii) of this order, unless its submission is based upon the recommendation of the Committee
in accordance with section 2 of this order.
See. 4. General Provisions. Nothing in this order shall be construed to impair or otherwise
the authority granted by law to an executive department or agency, or the head
(ii) the functions of the Director of the Of?ce of Management and Budget relating to
budgetary, administrative, or legislative proposals.
This order shall be implemented consistent with applicable law and subject to the availability
This order is not intended to, and does not, create any right or bene?t, substantive or
procedural, enforceable at law or in equity by any party against the United States, its
departments, agencies, or entities, its of?cers, employees, or agents, or any other person.