It is not binding however .
An
executive agreement is an agreement entered into between a foreign government and the executive branch of the United States. Although the agreement binds the United States with as much force as a treaty, it is not actually as formal as a treaty and does not require Senate approval. Interestingly, executive agreements not authorized by Congress are not binding on subsequent presidents, because they are entered into only by the power of the president that enters into them.
Authority to Enter into an Executive Agreement
The president of the United States possesses the authority to enter into executive agreements. However, this power does not derive from the U.S. Constitution. The power to enter into a particular executive agreement flows from one of two sources, either (1) authorization by Congress or (2) the president's inherent power to manage foreign relations with other countries. The U.S. Supreme Court determined that executive agreements hold the same weight as treaties in its 1937 decision in United States v. Belmont, 301 U.S. 324.
Examples of Executive Agreement Use
Use of executive agreements gained popularity after 1939. In fact, before 1940, presidents made approximately 1,200 executive agreements and signed almost 800 treaties. However, from 1940-1989, the presidents entered into more than 13,000 executive agreements, and still signed only 800 treaties. The following are examples of executive agreements that presidents have entered into.
more?