qualifying non-binding instrument
(5) The term “qualifying non-binding instrument”— (A) except as provided in subparagraph (B), means a non-binding instrument that— (i) is or will be under negotiation, is signed or otherwise becomes operative, or is implemented with one or more foreign governments, international organizations, or foreign entities, including non-state actors; and (ii) (I) could reasonably be expected to have a significant impact on the foreign policy of the United States; or (II) is the subject of a written communication from the Chair or Ranking Member of either of the appropriate congressional committees to the Secretary; and (B) does not include any non-binding instrument that is signed or otherwise becomes operative or is implemented pursuant to the authorities relied upon by the Department of Defense, the Armed Forces of the United States, or any element of the intelligence community.