ExecutiveOrdersEO
DetDeterminationClinton · D Quiet signal

Presidential Determination

U.S. Contribution to the Korean Peninsula Energy Development Organization (KEDO): Certification and Waiver Under the Heading "Nonproliferation, Anti- Terrorism, Demining and Related Programs" in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000, as Enacted in Public Law 106-113

President Clinton certified that North Korea was complying with the 1994 Agreed Framework and waived congressionally mandated conditions to release up to $15 million in U.S. funds for KEDO, the international consortium building light-water reactors in North Korea as part of the denuclearization deal.

Federal Register Open PDF 65 FR 10931

Impact dates

  1. Federal Register document filed

  2. Certification and waiver take effect

Key directives

  • Certify North Korean compliance with Agreed Framework conditions (1)-(3)
  • Waive certification requirements (4)-(5) under section 576(d)
  • Authorize up to $15 million for KEDO from Nonproliferation funds
  • Direct Secretary of State to report certification and waiver to Congress
  • Direct Secretary of State to arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Certification and waiver take effect upon signing
  • $15 million in funds authorized for KEDO
  • Secretary of State directed to report to Congress and arrange Federal Register publication

Near term (90d)

  • Federal Register publication completed (filed 2-29-00)

Long term

  • Continued U.S. financial support for KEDO reactor project
  • Ongoing monitoring of North Korean compliance with Agreed Framework

Risks & tensions

  • Waiver bypasses Congressionally-mandated anti-diversion and uranium enrichment safeguards, creating oversight tension
  • Certification of North Korean compliance proved controversial; later intelligence suggested covert uranium enrichment program
  • Conditional linkage between U.S. funds and North-South dialogue introduces geopolitical dependency
Presidential Determination: U.S. Contribution to the Korean Peninsula Energy Development Organization (KEDO): Certification and Waiver Under the Heading "Nonproliferation, Anti- Terrorism, Demining and Related Programs" in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000, as Enacted in Public Law 106-113 · Executive Orders