ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Waiving Prohibition on United States Military Assistance to Parties to the Rome Statute Establishing the International Criminal Court

President Bush waived prohibitions on U.S. military assistance to countries that are parties to the International Criminal Court's Rome Statute. The waivers are conditional: six countries received permanent waivers for having Article 98 agreements protecting U.S. personnel, while 16 other countries received temporary waivers expiring November 1, 2003 or January 1, 2004 based on national interest determinations.

Federal Register Open PDF 68 FR 41219

Impact dates

  1. Temporary waivers expire for Albania, Bolivia, Bosnia-Herzegovina, Botswana, FYROM, Mauritius, Nigeria, Panama, Uganda

  2. Temporary waivers expire for Afghanistan, Djibouti, DRC, East Timor, Ghana, Honduras, Romania

  3. Secretary of State to report determination to Congress and arrange Federal Register publication

Key directives

  • Waive section 2007(a) prohibition for Gabon, Gambia, Mongolia, Senegal, Sierra Leone, Tajikistan permanently (as long as Article 98 agreements remain in force)
  • Waive section 2007(a) prohibition for Afghanistan, Djibouti, DRC, East Timor, Ghana, Honduras, Romania until November 1, 2003
  • Waive section 2007(a) prohibition for Albania, Bolivia, Bosnia-Herzegovina, Botswana, FYROM, Mauritius, Nigeria, Panama, Uganda until January 1, 2004
  • Report determination to Congress
  • Arrange publication in Federal Register

Who is ordered

Timeline

Immediate

  • Waivers take effect upon determination for all 22 countries
  • Secretary of State must report to Congress and publish in Federal Register

Near term (90d)

  • Temporary waivers for Afghanistan, Djibouti, DRC, East Timor, Ghana, Honduras, Romania expire November 1, 2003

Long term

  • Temporary waivers for Albania, Bolivia, Bosnia-Herzegovina, Botswana, FYROM, Mauritius, Nigeria, Panama, Uganda expire January 1, 2004
  • Permanent waivers for Gabon, Gambia, Mongolia, Senegal, Sierra Leone, Tajikistan remain as long as Article 98 agreements in force

Risks & tensions

  • Tension between U.S. opposition to ICC jurisdiction over Americans and need to maintain military partnerships
  • Temporary waivers create uncertainty for aid-dependent countries; pressure to negotiate Article 98 agreements
  • Congressional notification requirement suggests legislative oversight tension with executive discretion
  • Vague 'national interest' standard for temporary waivers lacks clear criteria
Presidential Determination: Waiving Prohibition on United States Military Assistance to Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders