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No prior Cabinet nod needed for select pacts signed during PM visits

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In a significant move, prior Cabinet approval will no longer be required for certain international instruments signed during an official visit of the Prime Minister to a foreign country, or during the visit of a foreign head of state to India, according to fresh guidelines issued by the government.However, the exemption is subject to specific conditions. Such instruments must be vetted by the Legal and Treaties Division of the Ministry of External Affairs (MEA) and should not entail any binding financial implications for India. They must also avoid the use of terms such as “treaty”, “convention” or “agreement” in their titles.Inter-ministerial consultations must have been carried out wherever necessary, as per the directives issued by the Cabinet Secretariat and conveyed to secretaries of all Central ministries. The guidelines have been accessed by The Tribune.Under the new framework, the MEA will prepare a Cabinet note every six months placing all such instruments before the Union Cabinet for information, along with a consolidated list of those signed during the period.The exemption, however, will not apply to any international instrument that is required to be brought before the Cabinet Committee on Security (CCS), sources said.The decision is among the key measures taken by the Cabinet Secretariat after its recent shift to the new government complex at Seva Teerth, which also houses the Prime Minister’s Office (PMO).International instruments include agreements, conventions, protocols, memoranda of understanding (MoUs), joint declarations of intent, statements of intent, memoranda of cooperation and memoranda of association entered into with foreign countries.The Cabinet Secretariat periodically issues instructions under the Government of India (Transaction of Business) Rules, 1961, specifying which matters must be brought before the Cabinet for prior approval, post facto approval, or information.

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