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International Treaties and Agreements

Title XV International Treaties and Agreements

Article 172: Negotiation, Ratification, Referendum

1. The President of the Republic negotiates, signs, and ratifies treaties.

2. Ratification shall only intervene after the authorization of Parliament notably in that which concerns Peace Treaties, Defense Treaties, Commercial Treaties, Treaties relative to natural resources, or Accords relative to international organization, those which engage the finances of the State, those which modify the provisions of a legislative nature, those which are relative to the state of persons, those which include cession, exchange, or addition of territory.

3. No cession, exchange, or addition of territory shall be valid without the consent of the Congolese people called to pronounce by way of referendum.

Article 173: Information On Non-Ratification Treaties

1. The President of the Republic and the Parliament shall be informed of all negotiation leading to the conclusion of the international Accord not submitted to ratification.

2. The law shall determine the Accords not subject to the procedure of ratification.

Article 174: Authorization

With the exception of the President of the Republic, the Prime Minister, and the Minister of Foreign Affairs, any representative of the Congolese State shall for adoption or authentication of an international engagement, produce clear proof of his appropriate powers.

Article 175: Supremacy of the Constitution

If the Constitutional Council has declared that an international engagement contains a clause contrary to the Constitution, authorization to ratify or approve it shall only intervene in the case of revision of the Constitution.

Article 176

Treaties and Accords regularly ratified or approved shall have, from their publication, an authority superior to that of laws under the reserve for each Accord or Treaty, of its application by the other party.

Article 177: Intergovernmental Associations

1. The Republic of the Congo may conclude Accords of association with other States.

2. It shall accept to create with these other States intergovernmental organizations of common administration, coordination, free cooperation, and integration.

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