Until now, every MoU or agreement with a foreign country would need to go to the Cabinet for pre-approval.
Since most of these agreements have been arrived at after considerable inter-ministerial consultation, it is felt that much scrutiny has already been done. The larger idea within the government is to simplify procedures and do away with the cumbersome requirement of holding cabinet meetings for approving even minor MoUs which may be part of larger bilateral cooperation frameworks, ET has gathered.
This is expected to provide considerable flexibility ahead of high-level visits to India or by the Prime Minister to other countries, cutting procedural red tape.
As per a February 18 communication to all Union ministries, which marks a significant shift in the Government of India (Transaction of Business) Rules, 1961 on MoU/international agreement approvals, a prior go-ahead from the Union Cabinet will no longer be needed for ‘international instruments’ signed during the Prime Minister’s official visit to a foreign country or when a head of state/government of a foreign country visits India, provided it has been vetted by the MEA and does not carry binding financial implications, the Centre has decided.
The exemption, however, will not apply to any international instrument, which is required to be brought before the Cabinet Committee on Security. The Cabinet Secretariat, ET has gathered, has communicated the new ‘deregulated’ approach to all ministries stating that the removal of the prior cabinet approval requirement shall, however, be subject to certain conditions.
“Further, these instructions will not apply in respect of any international instrument, which is required to be brought before the Cabinet Committee on Security. For other international instruments, not signed during the official visit of the PM abroad or during an official visit of a foreign head of state/ Government to India, the existing instructions will continue to apply,” it has been underlined in the February 18 direction.One, the Legal and Treaties Division of the MEA should have vetted such international instruments; two, no ‘binding financial implications’ are created by such international instruments, three, inter-ministerial consultations have been carried out where necessary, and four, the instrument does not include the word(s) ‘Treaty’, ‘Convention’, or ‘Agreement’ in the title, the communication has said.
Accordingly, the MEA has been tasked with preparing a Cabinet note listing out all such international instruments for information of the Cabinet, once every six months. The list of all such signed international instruments shall form an annexure to this Cabinet note, the Cabinet Secretariat direction says.
The MEA, it is gathered, has already issued guidelines to the effect to streamline this process.