Executive agreement, an agreement between the United States and a foreign government that is less formal than a treaty and is not subject to the constitutional requirement for ratification by two-thirds of the U.S. Senate. In the case of executive agreements, it seems generally accepted that the president, if he has the independent power to enter into an executive agreement, can denounce the agreement independently, without the approval of Congress or the Senate. 186 Thus, observers seem to agree that if the Constitution authorizes the President to enter into exclusive executive agreements, the President may unilaterally denounce these agreements.187 The same principle would apply to political commitments: to the extent that the President is empowered to make non-binding commitments without the agreement of the Senate or Congress, the President may also unilaterally withdraw from those commitments.188 In the United States. , executive agreements are internationally binding when negotiated and concluded under the authority of the President on foreign policy, as commander-in-chief of the armed forces or from a previous act of Congress. For example, the President, as Commander-in-Chief, negotiates and concludes Armed Forces Agreements (SOFAs) that govern the treatment and disposition of U.S. forces deployed in other nations. However, the President cannot unilaterally enter into executive agreements on matters that are not in his constitutional jurisdiction. In such cases, an agreement should take the form of an agreement between Congress and the executive branch or a contract with the Council and the approval of the Senate. [2] Dependence on contractual power has declined since World War II, as presidents increasingly turn to the use of executive agreements as a means of ensuring unilateral control of U.S. foreign relations. If the president acts unilaterally, the agreement is called a “single executive agreement.” If the president acts with the agreement of a simple majority of both houses of Congress, the agreement is called “legislative and executive agreement.” Presidents have a “margin of appreciation” in deciding whether they wish to pursue an international agreement in the form of a treaty, a single executive agreement or in the form of a legislative and executive agreement. The Speaker`s decision generally depends on political factors, including the likelihood of obtaining Senate approval.

Presidents have often chosen to exclude the Senate from concluding some controversial and historic international pacts on the channel of executive agreements, including the basic destructive agreement with Britain in 1940, the Yalta and Potsdam accords of 1945, the Vietnam Peace Agreement of 1973 and the Sinai Accords of 1975.