Cooperation by Vietnam in Accounting for United States Prisoners of War and Missing in Action

President Bush formally determined that Vietnam is fully cooperating in good faith with U.S. efforts to account for POW/MIAs from the Vietnam War, as required by a congressional appropriations condition. The determination was made as a matter of 'comity' while the administration maintains that the statutory requirement is unconstitutional.

Federal Register Open PDF 67 FR 15095

Impact dates

Date TBD
Report determination to Congress and publish in Federal Register

Key directives

Determine Vietnam is fully cooperating in four specified areas of POW/MIA accounting
Determine that appropriate laboratories are thoroughly analyzing remains and fulfilling responsibilities under referenced 1999 law
Report determination to appropriate congressional committees
Publish determination in Federal Register

Who is ordered

Secretary of State · State Department

Timeline

Immediate

Determination takes effect for FY2002 appropriations compliance
Report to Congress required

Near term (90d)

—

Long term

Continued U.S.-Vietnam cooperation on POW/MIA accounting
Potential pressure on Vietnam to improve unilateral document provision

Risks & tensions

Constitutional tension: DOJ advised section 610 is unconstitutional; determination issued 'as a matter of comity' while reserving this position
Conditional language suggests Vietnam's cooperation, while sufficient, has gaps—especially on unilateral document provision for Laos/Cambodia areas
Appropriations conditionality creates recurring pressure point in U.S.-Vietnam relations