The agreement with the United States does not require legislative approval, as explained by the Minister of Foreign Affairs, Roberto Álvarez, during a press conference at the Ministry of Foreign Affairs. The official’s statement aims to settle the debate over the absence of parliamentary debate regarding the bilateral document.
Álvarez classified the agreement with the United States as a memorandum of understanding, distinguishing it from an international treaty. This legal distinction is fundamental to understanding the government’s position on why the document did not require legislative treatment before the National Congress.
What is a memorandum of understanding?
The Minister clarified that there are multiple memoranda of understanding that do not pass through congressional approval or by the Constitutional Court. According to Álvarez, these instruments do not have sufficient political importance to require approval from the Congress. “They do not have the importance to pass through the Congress,” he indicated during his intervention.
Unlike binding international treaties, memoranda of understanding are characterized by their non-obligatory nature and operational flexibility. They can be terminated at any time without severe legal consequences, which confers a differentiated status in the international normative hierarchy.
Legal distinction between treaty and memorandum
The official emphasized that the agreement with the United States is not binding in the strict terms of an international treaty. This characteristic modifies its legal nature and, therefore, the procedural requirements for its validity. Álvarez mentioned that there are “various reasons” for this classification, although he avoided delving into them during the press conference.
Background of bilateral memoranda
The Dominican Republic has signed multiple memoranda of understanding with various nations without parliamentary approval processes. This practice responds to the structure of international law, where minor agreements avoid more rigorous legislative procedures reserved for more extensive commitments.
Flexibility and unilateral termination
A key aspect of the agreement with the United States, according to the Minister, is its reversible nature. Since it is not binding, both parties can terminate the memorandum without the need for prolonged negotiations or complex judicial procedures, which differentiates it substantially from formal treaties.
The position of the Dominican government reinforces a pragmatic approach to conducting bilateral relations, allowing agile instruments for sectoral cooperation without requiring legislative debate that is required for more extensive international commitments. This legal classification keeps the agreement with the United States within the framework of routine diplomatic understandings that characterize the dynamics of negotiations between nations.
