Determination to (1) Waive Section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115) and Section 620(q) of the Foreign Assistance Act of 1961, as amended to Provide Assistance to Afghanistan and (2) Authorize a Drawdown Under Section 506(a)(1) of the Foreign Assistance Act of 1961, as Amended, to Provide Emergency Military Assistance to Afghanistan

President George W. Bush waived statutory restrictions on aid to Afghanistan and authorized a $2 million drawdown of Defense Department equipment and training to support the Afghan national armed forces, citing an unforeseen emergency and national interest.

Federal Register Open PDF 67 FR 31713

Impact dates

Date TBD
Secretary of State to report determination to Congress and arrange Federal Register publication

Key directives

Waive section 512 of FOAA with respect to assistance to Afghanistan
Waive section 620(q) of FAA with respect to assistance to Afghanistan
Direct drawdown of up to $2 million of defense articles, services, and training from DOD inventory for military assistance to Afghanistan
Secretary of State to report determination to Congress
Secretary of State to arrange for Federal Register publication

Who is ordered

Timeline

Immediate

Waiver of Section 512 of FOAA and Section 620(q) of FAA takes effect
$2 million drawdown authorized from DOD inventory

Near term (90d)

Secretary of State to report determination to Congress
Secretary of State to arrange Federal Register publication

Long term

—

Risks & tensions

Pre-9/11 assistance to Afghanistan carried geopolitical complexity given Taliban governance
Statutory waivers bypass normal congressional restrictions on aid
Small dollar amount ($2M) suggests limited but symbolically significant commitment