Embassy Law Web Log   
Washington, DC, USA      

Conditions on Diplomacy: Executive Order

The White House established a new condition precedent to diplomatic efforts and negotiations in its Executive Order of Janury 25, 2017, titled Executive Order: Enhancing Public Safety in the Interior of the United States. Nominally, the precondition applies to Recalcitant Countries. The order does not defined the term.

Sec. 12. Recalcitrant Countries. The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate. The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United States.
Another new executive order that affects foreign relations to some degree deals with ethics commitments of senior executive branch staff in the Trump administration. The January 28, 2017 ethics order ensures compliance, inter alia, with the Foreign Agents Registration Act but also grants, in §3, extreme latitude in waiving the ethics requirements. -- Clemens Kochinke, partner, Berliner Corcoran & Rowe LLP, Washington, DC.