Why Certain Trade Agreements Are Approved as Congressional-Executive Agreements Rather Than as Treaties

U.S. trade agreements such as the North American Free Trade Agreement NAFTA, World Trade Organization agreements, and bilateral free trade agreements FTAs have been approved by majority vote of each house rather than by two-thirds vote of the Senate-that is, they have been treated as congressional-executive agreements rather than as treaties. The congressional-executive agreement has been the vehicle for implementing Congresss long-standing policy of seeking trade benefits for the United States through reciprocal trade negotiations. In a succession of statutes, Congress has authorized the President to negotiate and enter into tariff and nontariff barrier NTB agreements for limited periods, while permitting NTB and free trade agreements negotiated under this authority to enter into force for the United States only if they are approved by both houses in a bill enacted into public law and other statutory conditions are met implementing bills are also accorded expedited consideration under the scheme.